Haryana

StateCommission

A/146/2017

PUNJAB NATIONAL BANK - Complainant(s)

Versus

AMI LAL SAINI - Opp.Party(s)

BHUSHAN BHATIA

01 Aug 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

 

First Appeal No. 146 of 2017

Date of Institution:06.02.2017

Date of Decision: 01.08.2017

 

Punjab National Bank, Sirsa Road, Hisar, Main Branch, through its Chief Manager.

                                      Appellant-Opposite Party No.3

 

Versus

 

1.      Ami Lal Saini son of Sh. Uday Ram Saini, resident of Village Dhani Pirwali, Tehsil Hansi, District Hisar.

Respondent-Complainant

2.      State Bank of India, Jindal Stainless Branch, Hisar through its Branch Manager.

3.      State Bank of India, Main Branch, Delhi Road, Hisar through its Manager.

Respondents-Opposite Parties No.1 & 2

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. Balbir Singh, Judicial Member.

                             Ms. Urvashi Agnihotri, Member.

                                                                                                                                                                            

For the parties:             Sh. Sikander Bakshi, Advocate for the appellant

                             Sh. Amit Lal Saini, complainant in person

 

                                                   O R D E R

 

Balbir Singh, Judicial Member

 

          This appeal has been preferred by Punjab National Bank-opposite party No.3 (appellant herein) against the order dated December 16^th, 2016 passed by the District Consumer Disputes Redressal Forum, Hisar (for short ‘District Forum’) whereby complaint filed by Ami Lal Saini-complainant (respondent herein) was allowed.  For facilitation, operative part of the order is reproduced as under:-

          “Keeping in view the facts and circumstances of the case, we allow the complaint of the complainant and direct the respondents to pay Rs.10,000/- with interest at the rate of 9% per annum from the date of filing of this complaint, that is, August 30^th, 2013 till realization.”

 

2.      The complainant was maintaining his Saving Bank Account No.10311519611 with State Bank of India, Delhi Road, Hisar-opposite party No.2.  He got his account transferred from opposite party No.2 to State Bank of India, Jindal Stainless Branch, Hisar-opposite party No.1.  On May 26^th, 2013, the complainant tried to withdraw Rs.10,000/- from the ATM of appellant but the same was not dispensed.  Thereafter, the complainant went to the ATM of HDFC Bank and withdrew Rs.10,000/-.  The complainant alleged that he only withdrew Rs.10,000/- whereas the transaction slip was showing withdrawal of Rs.20,000/-.    

3.      The opposite parties No.1 and 2, in their written version, pleaded that on receipt of complaint on May 27^th, 2013, it was forwarded to the Customer Management System through email.  In response to the said email, it was replied that transaction was successful. The complainant also moved complaint to the Superintendent of Police, Hisar for investigation.

4.      The appellant-opposite party No.3, in its written version, pleaded that on May 26^th, 2013 the complainant withdrew Rs.10,000/- vide transaction No.4296.  The transaction was successful. 

5.      The appellant has produced on record Switch Transaction Report (Exhibit R-1) whereby Rs.10,000/- was withdrawn by the complainant and the transaction was successful.  Hence, the order passed by the District Forum cannot be allowed to sustain. Accordingly, this appeal is accepted, impugned order is set aside and complaint is dismissed.

6.      The statutory amount of Rs.7700/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any in this case.

 

 

Announced 01.08.2017

(Urvashi Agnihotri) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

 

U.K