Delhi

East Delhi

CC/21/2017

NARENDER KR - Complainant(s)

Versus

AllAHABAD BANK - Opp.Party(s)

17 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 21/17

 

Narender Kumar

S/o Late Shri Ramji Dass

B-13, New Gobind Pura,

Chander  Nagar, Delhi- 110051

….Complainant

Vs.    

1. Allahabad Bank

Service to be affected through

Branch Manager

341/A/B, Kanti Nagar,

Main Road, Krishna Nagar,

Delhi- 110051

 

2. Bank of Baroda

Service to be affected through

Branch Manager

Ground Floor, B-68, Vivek Vihar,

Phase-II, Delhi- 110095  

…Opponents

 

Date of Institution: 12.01.2017

Judgement Reserved on: 17.05.2019

Judgement Passed on: 21.05.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

 

JUDGEMENT   

The present complaint has been filed by Shri Narender Kumar, complainant against Allahabad Bank, OP-1 and Bank of Baroda, OP-2 under Section 12 of the Consumer Protection Act, 1986.

 

The facts in brief are that the complainant was maintaining a savings account no. 20371751400 with Allahabad Bank, Krishna Nagar Branch,     OP-1. On 08.08.2015 at 17:49 hours the complainant tried to withdraw an amount of Rs. 10,000/- by using the ATM of Bank of Baroda, Vivek Vihar Branch, OP-2 vide ATM ID-IFNNDL46 reference no. 5911 but the money was not dispensed from the ATM of OP-2. The complainant has stated that the said amount of Rs. 10,000/- was debited from the account on 08.08.2015 but the ATM slips show that no amount was withdrawn. A written complaint dated 12.08.2015 was made to OP-1 and a reminder dated 28.03.2016 was sent, in reply of which it was stated by OP-1, that it was fault of OP-2. On 06.04.2016 another letter was received by complainant where OP-1 had stated that as per the record of OP-1, the transaction was successful, therefore, no amount could be reversed. It has been further stated that a written complaint dated 21.04.2016 regarding the malfunctioning of ATM was written to OP-2 but of no avail. Feeling aggrieved the complainant has prayed for directions to OPs to refund the debited amount  of Rs. 10,000/- with interest, compensation of    Rs. 80,000/- alongwith litigation expenses.

Complainant has annexed copy of letter served upon OP-1 of date 12.08.2015 alongwith true typed copy, letter to OP-2 dated 21.04.2016, copy of passbook, reply by OP-1 of date 06.04.2016, e-mail to OP-1, ATM transaction slip, complaint to RBI through e-mail dated 04.07.2016 alongwith status report of speed post, with the complaint.

Notice of the present complaint was served upon OPs where the written statement was filed by OP-1. It was submitted that as per the information received from OP-2 the transaction of Rs. 10,000/- was successful, thus, the debit entry from account no. 20371751400 was in order. It was further submitted that after thorough investigation letter dated 06.04.2016 was issued and relief, if any, available to the complainant was against OP-2 as the ATM of OP-2 had been used and OP-1 cannot be held liable for the impugned transaction.

OP-2 did not appear despite service, hence, they were proceeded      ex-parte.

Rejoinder to the Written Statement of OP-1 was filed by the complainant. It was submitted that no money was dispensed from the ATM of OP-2, which could be verified from the CCTV footage. Rest of the content of the Written Statement have been denied and those of the complaint have been re-affirmed  

Evidence by way of affidavit was filed by complainant, where he has deposed on oath the contents of his complaint and have got exhibited letter dated 12.08.2015 as Ex.CW1/1,  letter dated 21.04.2016 as Ex.CW1/2, copy of ATM transaction slip as Ex.CW1/3 and Ex.CW1/4, copy of pass book with statement of account as Ex.CW1/5, reply dated 06.04.2016 as Ex.CW1/6,     e-mail to OP-1 and e-mail to RBI dated 04.07.2016 have been exhibited as Ex.CW1/7. Driver’s License of the complainant has been exhibited as Ex.CW1/8.

OP-1 have got examined, Shri Ravinder Kumar Sadhya, Senior Manager, Allahabad Bank, Krishna Nagar, who has reiterated the contents of their written statement and has got exhibited the affidavit as Ex.OP1/A.

We have heard the arguments of Ld. Counsel for the Complainant and Ld. Counsel for OP-1 and have perused the material placed on record. The complainant is aggrieved by the fact that no money was dispensed upon use of the ATM of OP-2, but the same was debited from his savings account maintained with OP-1. The journal record annexed with the complaint of date 08.08.2015 bears reference number from 5905 to 5916, however, reference number 5906 is missing, had it been computer generated the said entry would not have been missed, therefore, it seems that the same has been tampered with. Since, OP-2 did not chose to file their Written Statement nor appeared the averments made against them by the complainant have remained          un-rebutted. As far as OP-1 is concerned they cannot be held deficient in delivery of services as they have debited the complainant’s account at the instance of OP-2.

Therefore, in the facts and circumstances of the present complaint, we direct OP-2 to refund Rs. 10,000/- to the complainant alongwith 6% interest per annum from the date of filing of complaint till realization. We further award compensation of Rs. 3,500/- on account of mental agony and harassment, inclusive of litigation expenses.

This order be complied within 30 days from the date of receipt of the order.

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

       (DR. P.N. TIWARI)                                                     (HARPREET KAUR CHARYA)

          Member                                                                               Member    

 

                                       (SUKHDEV SINGH)

                                            President