West Bengal

Kolkata-II(Central)

CC/383/2015

Antoniette Singh, W/o Peter Singh - Complainant(s)

Versus

Allahabad Bank - Opp.Party(s)

Ld. Lawyer

09 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/383/2015
 
1. Antoniette Singh, W/o Peter Singh
20, Bow Street, Block-B, Kolkata-700012.
...........Complainant(s)
Versus
1. Allahabad Bank
Mission Row, S.B. Mansion, 16, R. N. Mukherjee Road, Kolkata-700001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bipin Mukhopadhyay PRESIDENT
 HON'BLE MRS. Sangita Paul MEMBER
 HON'BLE MR. Pulak Kumar Singha MEMBER
 
For the Complainant:Ld. Lawyer, Advocate
For the Opp. Party:
ORDER

Order-15.

Date-09/02/2016.

In this complaint Complainant Antoniette Singh filing this complaint has submitted that on 19.01.2015 complainant went to the ATM of op’s Bank and tried to withdraw an amount of Rs. 5,000/- but he failed to collect the money, only receipt slip of Rs. 5,000/- was received.Immediately complainant reported the matter to the Bank Authority and Bank Authority failed to give any redressal and also directed to lodge a complaint to the op’s Bank.

But fact remains that complainant never accepted any amount from the Bank/ATM on that date.So, complainant prays for directing the ops to refund the said amount and further litigation cost etc.

On behalf of the op Bank, the Chief Manager of Allahabad Bank, Mission Row Branch, Kolkata i.e. Rahit Chandra Sharma appeared on 10.09.2015 and thereafter op Bank did not file any written statement and also did not appear subsequently.So, the case is heard exparte.

 

Decision with reasons

On proper consideration of the complaint it is found that complainant is a customer of Bank of Baroda for SB A/C No. 05900100001599 and 19.05.2015 complainant went to the ATM of Op Bank and tried to withdraw the amount of Rs. 5,000/-.But she failed to collect the money, only receipt was received and that receipt is filed along with Annexure wherefrom it is found that on 19.05.2015 no amount was withdrawn by the complainant.

On the other hand it is found that from Allahabad Bank, Mission Row Branch ATM, complainant withdrew Rs. 5,000/- from his account no.05900100001599 and balance was there on 15.01.2015 i.e. Rs. 2,053.30 paisa.

If we rely upon the said receipt it is clear that complainant withdrew Rs. 5,000/- on 15.01.2015 by using the ATM of Allahabad Mission Row Branch and by using her ATM Card.But no slip is produced by the complainant that on 19.01.2015 she withdrew any such amount of Rs. 5,000/-.

At the same time from the receipt dated 15.01.2015 compaliant balance amount is Rs. 2,053.30 paisa.So, on 19.01.2015 there was no such fund for withdrawal by the complainant as alleged that she went to withdraw of Rs. 5,000/-.

Relying upon the document and complaint, it is clear that complainant’s entire case is not proved, rather it is proved that complainant has failed to produce any such document to show that she went to withdraw Rs. 5,000/- by using her ATM and from ATM of Allahabad Bank, Mission Row Branch.But from her own document, the receipt it is found that she withdrew of Rs. 5,000/- on 15.01.2015 and receipt was received by the complainant and against that there is no allegation and in view of the above fact, complainant’s case fails.

 

Hence, it is

Ordered,

That the complaint be and the same is dismissed against op in exparte form without any cost.

 

 
 
[HON'BLE MR. Bipin Mukhopadhyay]
PRESIDENT
 
[HON'BLE MRS. Sangita Paul]
MEMBER
 
[HON'BLE MR. Pulak Kumar Singha]
MEMBER

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