Delhi

East Delhi

CC/606/2016

MOHIT SHARMA - Complainant(s)

Versus

B.O.B. - Opp.Party(s)

18 Sep 2018

ORDER

       DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

        CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                          Consumer complaint no.       606/2016

                                                                                              Date of Institution               17/11/2016

                                                                                              Order Reserved on              18/09/2018

                                                                                              Date of Order                       20/09/2018 

                                                                                                        

In matter of

Mr. Mohit Sharma, adult  

s/o- Sh N K Sharma

R/o -HN B-423, MIG, AVAS VIKAS,

Hanspuram, Naubasta, Kanpur,208021, UP....………..…………….Complainant

                                                                    

                                                                         Vs

The Branch Manager,

Bank of Baroda,

 Shop no.U-198, Shakarpur

 Vikas Marg, Delhi 110092……………………………………………………….Opponent

 

Complainant’s Advocate………………………………Roop Bala Kumari 

Opponent’s Advocate…………………………………..Satya Pal Singh     

 

Corum             Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                   

                         Mrs Harpreet Kaur     Member

 

Order by Dr P N Tiwari, Member -

Brief Facts of the case                                                                                                

Complainant had saving bank account in OP bank vide saving account no. 20830100017593 at his home place at Kanpur (Ex CW1/1) and maintaine his account as per bank pass book details (Ex CW1/2). Complainant had deposited cash a sum of Rs 11,000/-on 17/10/2015 and wanted to withdraw through ATM a sum of Rs 10,000/-on 17/10/2015 through ATM of OP at Laxmi Nagar, Delhi, but he could not receive the amount though same amount was deducted from his account as per pass book annexed.

 

Complainant made complaint on the same day, but did not receive any reply so he again made complaint on 27/10/2015, but did not get any reply. He also demanded video recording on 18/11/2015 through writing, but did not get any recording (ExCW1/3).

It was stated that OP had sent email on 18/12/2015 stating that cash withdrawal was not complete. When he did not get any reply, sent email to home branch of OP at Kanpur on 01/01/2016 (Ex CW1/4).

Thereafter complainant sent legal notice (ExCW1/5) on 18/01/2016. Non receiving of satisfactory reply from OP, filed this complaint and claimed reversal of debited amount Rs 10,000/-with 18% interest along with compensation of Rs 50,000/- and litigation charges Rs 5000/-.   

 

OP submitted written statement and denied the specific allegation pertaining to failure to get the cash withdrawal. OP submitted detail ATM transaction data obtained from ATM cell which clearly showed as “transaction of amount Rs 10,000/-was successful” as per the report received from Kanpur branch where complainant had his saving account. It was admitted that complainant used ATM of OP situated at Laxmi Nagar branch at Delhi, but in his complaint, he submitted that there was some technical defect in the ATM even though the amount was dispensed to him after some time on the same date.  So when transaction was successful as per OP’s IT department (Ex OPW1/1) needs no further clarification in reference to CCTV /Video recording evidence. Hence, there was no harassment or financial loss to the complainant. OP also stated that complainant had wrongly filed this complaint as this Forum has no territorial jurisdiction.  Hence, complaint may be dismissed.  

 

Complainant did not submit rejoinder, but evidence were submitted through his advocate through affidavit where he affirmed on oath that all the facts stated in his complaint were correct and true.  In his affidavit, re affirmed that email of OP head office stated that cash was not received.

OP had submitted their evidence on affidavit through Mr Charan Singh, Chief Manager at Shakarpur, Delhi branch and reaffirmed on oath that he was an authorised attorney as per Ex RW1/A. It was stated that there was no transaction slip submitted from OP ATM whereas he made transaction at Kanpur and not at Shakarpur, Delhi and wrongly filed this complaint.  OP had also submitted NFS report Ex RW1/B received from Kanpur branch. It was also stated that all queries were replied in time including legal notice Ex RW1/C which was addressed to his advocate at Delhi.

 

Arguments were heard from both the party’s counsels. After perusal of evidences on record, order was reserved.  

After going through all the facts and evidence on record, we have observed from the zerox of account detail submitted by complainant showed that transaction happened for Rs 10,000/-on 17/10/2015 ie on the same date where complainant had deposited a sum of Rs 11,000/-. It was also seen from RW1/B which pertains to ATM internal data which showed that transaction was successful. Also there was no evidence of email sent by complainant or reply given by OP on 18/12/2015.

Also complainant lodged complaint to his home branch on 18/11/2015 for checking video recording of 17/10/2015 the gap of about one month. It was also observed from his pass book details that the complainant had withdrawn sum of Rs 500/- twice which too were successful. But complainant had not narrated clear and true facts about subsequent transactions whereas he had made three transactions to withdraw a sum of Rs 11,000/- deposited on 17/10/2015.

It was clearly evident from the bank pass book of home branch, Kanpur, that amount was deposited on 17/10/2015 and on the same time a sum of Rs 10,000/- were made for withdrawal. Complainant had not stated whether he was at Delhi or was in Kanpur on 17/10/2015 and whether he deposited the cash at Kanpur or someone else deposited at Kanpur. It was also seen that as per the complainant that transaction was made from ATM of OP at Laxmi Nagar, Delhi so cause of action has arisen as a part of action, hence OP defence that this Forum has no jurisdiction to try this complaint was also not acceptable.   

So, we have observed that this complaint has no merit to prove the deficiency of OP by any evidences or his own evidences. Also no deficiency was proved in the working of OP’s ATM at Delhi. Thus, this complaint has no merit and the same desserves to be dismissed, so dismissed without cost. 

 

The order was pronounced today on dated 20/09/2018. Copy of this order be sent to the parties as per the Consumer Protection Regulations, 2005 and file be consigned to the Record Room.

 

 

(Dr) P N Tiwari Member                                                                                          Mrs Harpreet Kaur Member                                                                       

 

 

                                       

                                                         Sukhdev Singh President