MS. NIPUR CHANDNA, MEMBER

ORDER

16.10.2024

1.       A complaint under Section 35 of Consumer Protection Act filed by complainant thereby alleging deficiency in service on the part of OP. In brief the facts of the complaint are that the complainant is the saving account holder of OP bank vide saving A/c no. 500443202212. It is further stated by the complainant that the bank had provided him the facility of ATM Card with the aforesaid saving account.

2.       In the evening of 18.01.2020, at about 5:07 PM when the complainant was working in Bahadurgarh, Haryana he received three messages on his registered mobile number the details of which are as under:

          (i)      Your account XXXX 2212 is debited through ATM by Rs. 10,000/- 18.01.2020 at 17:07.

          (ii)    Your account XXXX 2212 is debited through ATM by Rs. 10,000/- 18.01.2020 at 17:07

          (iii)   Your account XXXX 2212 is debited through ATM by Rs. 5,000/- 18.01.2020 at 17:07

3.       After receiving the message complainant checked the status of his account and found that the aforesaid three transactions were carried out from West Vinod Nagar and Rs. 25,000/- was withdrawn through ATM card besides the fact that the ATM card is physically in the possession of the complainant.

4.       It is further alleged by the complainant that he immediately informed the customer care  official of the OP in respect to the aforesaid unauthorized transactions and further requested to block the ATM card. The customer care executive of OP accepted the request and blocked the ATM Card. The complainant also lodged the police complaint and gave the written complaint to the home banking branch in respect to the unauthorized transactions in question.  Complainant also requested OP to provide the CCTV footage of 18.01.2020 of the ATM to verify the facts. It is further alleged by the complainant that although initially on his complaint the bank has shown shadow credit of Rs. 25,000/- in his saving bank account but never released the same.

5.       It is alleged by the complainant that despite filing the complaint with the respective redressal agencies and making all the efforts for getting back the withdrawn amount from OP Bank, no satisfactory reply was received. OP Bank neither provided the CCTV footage nor disclosed the name of the culprit and also failed to refund the sum of Rs. 25,000/- illegally withdrawn from his account despite the fact that the ATM card is in his possession. Being aggrieved by the non- refund of the aforesaid amount by OP Bank, complainant approached this Commission for redressal of his grievance.

6.       Notice of the complainant was sent to OP. Despite service OP failed to move his appearance and filed the WS as such proceeded ex-parte vide order dated 31.08.2022.

7.       Complainant filed his evidence by way of affidavit wherein he has corroborated the contents of his complaint. Complainant also filed written arguments. We have heard the arguments advance at the bar by ld. Counsel for complainant Sh. D.K. Sinha and have perused the record.

8.       Complainant has placed on record copy of the details of the transactions carried out in saving A/c no. 500443202212, copy of the  text messages received in respect to the alleged unauthorized transactions in question. Copy of the account details mentioning the fact  in respect to the  disbursal of the aforesaid amount/deposit at West Vinod Nagar, copy of complaint dated 20.01.2020 lodged with  OP Bank, copy of complaint dated 21.01.2021 filed with P.S Mangolpuri, copy of FIR lodged with E-Police Station on 18.01.2020. Complainant has also placed on record the copy of email dated 27.10.2021 in support of his contention.

9.       We have carefully gone through the annexures attached with the complaint and found that on 18.01.2020 the sum of Rs. 25,000/- has been withdrawn from the saving account of the complainant.   Admittedly, the complainant lodged the complaint in respect to the aforesaid unauthorized transactions with the bank as well as with the police stations, Mangolpuri. But despite that no steps taken by the OP Bank to redress the grievance of the OP Bank.

10.     Notice of the complaint was duly served to OP Bank on 01.02.2022 but despite service Bank chosen not to contest the complaint. From the unrebbuted testimony of the complainant and the document placed on record we are compelled to believe the averments made in the complaint that the aforesaid unauthorized transaction of Rs. 25,000/- carried out through the ATM of complainant due to deficiency in service on the part of OP Bank.  We therefore, hold OP guilty of deficiency in service and direct it as under:-

          (i)      Pay to the complainant a sum of Rs. 25,000/- along with 6% interest from the date of filing of complaint i.e. 23.11.2021 till realization.

          (ii)    OP is further directed to pay a sum of Rs. 10,000/- on account of pain and mental agony suffered by complainant which will also include cost of litigation.

11.     OP is directed to comply the order within 30 days from the date of receipt of this order failing which OP is liable to pay to the complainant interest @9% per annum from the date of non-compliance till realization.

12.     Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   16.10.2024.

Sanjay Kumar                                                      Nipur Chandna  

       President                                                                Member