12/06/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT         

             This Appeal is directed against the judgment and order passed by Learned District Forum, Howrah in case no.CC 260 of 2013 allowing the complaint and directing the OP No.1 to pay a sum of Rs.9,500/- together with interest @ 9% p.a. from 03/06/13 as a full and final settlement.  The OP No.1 was directed to pay compensation of Rs.5000/- and litigation cost of Rs.2,000/- to the Complainant. 

            The case of the Complainant/Respondent, in short, is that on 03/06/13 the Complainant visited the ATM  counter of Union Bank of India, Howrah Railway Station to withdraw Rs.10,000/-.  But the sum of Rs.500/- only was issued by it and the rest of Rs.9,500/- remained inside the ATM machine.  The transaction was shown as successful in the receipt.  The Complainant informed the Customer Care of the Axis Bank, but to no effect.  For the said reason, the complaint was filed before the Learned District Forum. 

            The Learned Counsel for the Appellant Bank has submitted that the transaction was successful and as per averment made in paragraph 2 another person was already present in the ATM counter.  It is submitted that the non-production of CCTV footage is not material in the circumstances of the case.  The Learned Counsel has referred to the decision of the Hon'ble National Commission reported in I (2013) CPJ 749 (NC) [State Bank of India vs. Om Prakash Saini] wherein it has been held that non-supply of video footage had no bearing on the claim of the Complainant and it cannot be presumed that the Complainant did not receive the amount from the ATM machine. 

            It has been submitted by the Respondent/Complainant in person that in place of Rs.10,000/- he received Rs.500/- only and the rest of the amount was not received by him from the ATM machine.  It is submitted that the CCTV footage has not been produced and no enquiry was made by the OP Bank. 

            We have heard the submission made by both sides.  As per the slip obtained from the ATM machine the amount of withdrawal was Rs.10,000/- and the transaction was described as successful.  The Appellant has also produced the ATM log showing the transaction as successful.  In view of the decision of the Hon'ble National Commission as referred to by the Learned Counsel for the Appellant, we are of the view that the non-supply of CCTV footage was not material in the circumstances of the case.  Having heard both sides and on perusal of the papers on record, we are of the view that the Complainant/Respondent is not entitled to get any relief and the Learned District Forum was not justified in passing the impugned judgment and order. 

            The Appeal is allowed.  We set aside the impugned judgment and order.  The petition of complaint is dismissed.