District Consumer Dispute Redressal Commission, West Singhbhum at Chaibasa

C.C. No.49/2016

Gouri Shankar Verma…………………Complainant

Vrs.

Bandhan Bank, Chaibasa Branch…………………….O.P No.1

Axis Bank Ltd, Voltas House Bistupur Jamshedpur…………………O.P. No.2

Advocate of the Complainant………Sri Sourav Ghosh, Advocate

Advocate of the Opposite Party …………………None (Ex-Parte)

Chaibasa, Dated: 04.01.2022

JUDGMENT (Ex-Parte)

     This Case has been filed by Complainant Gouri Shankar Verma against Bandhan Bank Chaibasa Branch and Axis Bank Ltd. Voltas House Bistupur Jamshedpur for their deficiency in service including recovery of Rs.10000.00 interest thereon and Rs.5000.00 as damages for mental and physical harassment against O.Ps.

     Briefly stated case of the complainant Gouri Shankar Verma son of Late Bachchu Lal Verma resident of Shanti Niwas Nimdih P.S. Chaibasa West Singhbhum is that on 13.05.2016 he used his ATM Card in ATM of Axis Bank Ltd. situated at Thakur Bari Road Jamshedpur further that his ATM Card was issued by Bandhan Bank Branch Chaibasa he used his ATM Card for withdrawal of Rs.10000.00 from his Savings Sanchay Account of Bandhan Bank Chaibasa Branch by inserting his Pin Number but above amount was not received by the complainant from the ATM further that debit voucher also not released by the ATM rather withdrawal massage was sent by the Bank on his Mobile Number 8084486141.  Further that he made complaint to the Bandhan Bank regarding such incident but no action was taken then instant complaint case has been filed before the Forum for an award of Rs.10000.00 interest thereon and damages mental and physical harassment worth Rs.5000.00 caused to complainant by the O.P.

     After admission notice was issued to the O.P. thereafter a letter was received in this Forum on 26.07.2016 with submission that Axis Bank has been requested twice about the claim made by the complainant but Axis Bank had denied the claim with contention that Rs.10000.00 has been withdrawn on 13/5/16 by customer through his ATM Card Number 5087530655037811 and thereafter no any further step has been taken on behalf of Bandhan Bank. Further nobody has appeared on behalf of Axis Bank on order dated 15.05.2019 proceeding of the case stood ex-parte by debarring the O.P. No.1 from filing show-cause or written-statements in this case.    

     During ex-parte proceeding complainant has filed oral and documentary evidence in support of the case.  He has filed his affidavited evidence and Xerox copy of the statement and other related documents have also been filed which in the request of the complainant has been marked as exhibit in this case.

     Since proceeding of this case has been initiated ex-parte against O.Ps. of this case so whatever oral and documentary evidences have been adduced by the complainant those evidences will be basis for giving finding in this case.

FINDING

     On perusal of case record we find that in support of the complaint case complainant has filed affidavited evidence.  Further complainant has also filed Xerox copy of letter dated 16.05.2016 which has been addressed to the Branch Manager Bandhan Bank Chaibasa and same has been received in the Branch and subsequently signature of the complainant has been verified by the concerned person of the Bank and this letter has been marked as exhibit 1.  Further Xerox copy of ATM Card issued by Bandhan Bank bearing Number 5087530655037811, SMS alert regarding withdrawal of money and ladger Book balance, Xerox copy of Aadhar Card of complainant, Xerox copy of details of the Bank Passbook regarding Account No.50150079494531, Xerox copy of Bank Statements of regarding withdrawal by the complainant for deferent dates including relevant dates have also been filed which have been marked as exhibit 2, 3, 4, 5, and 6 respectively.

     From perusal of exhibit 1 it is clear that complainant has given a written complaint to the Branch Manager Bandhan Bank Chaibasa Branch mentioning therein that he has not received the money which was withdrawan by him from Axis Bank ATM on 13.05.2016 further it shows that he has made request for return the amount in his Savings Bank Account.  It further shows that the written complaint has been received by Bandhan Bank Chaibasa Branch and ATM department was directed to do the needful subsequently signature of the complainant was also verified by the concerned person of the Branch further exhibit 2 also goes to show that ATM Card issued by the Bandhan Bank through which complainant was withdrawing the money on different dates.  Exhibit 3 is SMS Alert.  Exhibit 5 and 6 also goes to show that complainant is customer of Bandhan Bank Chaibasa Branch.  From the above documentary and affidavited evidence it is clear that complainant is consumer of the O.P. No.1 Bandhan Bank.

     Further grievance of the complainant is that on 13.05.2016 he withdrew Rs.10000.00 from the Axis Bank ATM situated at Thakur Bari Road Jamshedpur but he could not receive the money rather withdrawal debit voucher of Rs.10000.00 was sent to my Mobile No.8084486141 and he made complaint regarding this fact to the Branch Manager Bandhan Bank Chaibasa and further demanded Rs.10000.00 but Bank has not paid him rather it has been said that money has already been withdrawn from my account.  Further he has stated that he is entitled to get Rs.10000.00 interest thereon and damages mental and physical harassment worth Rs.5000.00 from the O.P.  So on perusal of the above oral and documentary evidence it is Cristal clear that complainant is consumer of the O.P. No.1 Bandhan Bank and on 13.05.2016 there is two withdrawal of Rs.10000.00 each within the interval of 5 minutes and ledger balance has also been updated showing withdrawal, now main dispute and grievance of complainant is that although withdrawal of Rs.10000.00 each on 13.05.2016 has been shown from his Savings Bank Account but as a matter of fact he has received only one amount of Rs.10000.00 and other amount was not received by him for which he has made complaint to the concerned Branch but money has not been refunded in his account by the O.P. 

     On perusal of the letter sent by the O.P. No.1 to this Forum shows that liability has been shifted by the O.P. No.1 to Axis Bank and Axis Bank has mechanically given answer that money has been withdrawn by the customer through ATM Card No.5087530655037811.

     We are of the opinion that a detail in enquiry report should have been sent to the complainant in connection with redressal of his grievance but O.P. No.1 Bandhan Bank Chaibasa Branch has ended his liability by fixing the same towards the Axis Bank which has been shown as O.P. No.2 and in this case O.P. No.2 has not appeared and proceeding is running ex-parte against O.P. No.2 so in absence of any detail enquiry report, the contention of the complainant cannot be denied rather it will be held that there is deficiency of service from the O.P. No.1 further that complainant is entitled to get relief.

     Accordingly it is therefore.

ORDER

     That the case is decreed (ex-parte) for an award of Rs.10000.00 (Rupees Ten Thousand) only along with interest @ 9% per annum from the date of filing the case i.e., 24.06.2016 to till final realization. Further Rs.2000.00 (Rupees Two Thousand) only as cost of litigation and Rs.3000.00 (Rupees Three Thousand) only for mental and physical harassment is awarded to complainant against the O.P.No.1 Further O.PNo.1 is directed to pay the awarded money to the complainant within 30 days from the date of judgment communicated to him.

     Let copy of this judgment be sent to the O.P.No.1 through Speed Post or Registered Post with A/D and free copy to Complainant for their information and compliance.

                    (Miss Preeti)

                          Member                                                                                                     (Vijai Kumar Sharma)

                        President