West Bengal

South 24 Parganas

CC/216/2015

Sudip Kumar Manna. - Complainant(s)

Versus

Bank Manager, United Bank Of India, Diamond Harbour Branch. - Opp.Party(s)

20 Jun 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _216   OF ___2015____

 

DATE OF FILING : 6.5.2015     DATE OF PASSING JUDGEMENT:  20.06..2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :  Smt.  Sharmi Basu & Subrata Sarker              

 

COMPLAINANT                  :  Sudip Kumar Manna, Vill.+P.O Muykundapur, P.S. Ramnagar, Dist. South 24-Parganas, Pin-743368

 

-VERSUS  -

 

O.P/O.Ps                                :     Bank Manager, UBI, Diamond Harbour Branch, P.O & P.S Diamond Harbour, Pin-743331.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Udayan Mukhopadhyay, President

             The short case of the complainant is that  on 30.11.2013 at 12.30 p.m using his ATM Card bearing no.4213 1901 3201 8411 in connection with Account no. 0132010355467 complainant attempted to withdraw some amount but it was not successful. However, a sum of Rs.10,000/- was debited from the said account and inspite of repeated appeal to the bank authority no fruitful result comes out. Hence, this case for refund of Rs.10,000/- as well as compensation to the tune of Rs.60,000/- and litigation cost.

            The O.P Bank appeared on 24.6.2015 and files written version but thereafter did not file any evidence and inspite of imposing penal cost of Rs.2000/- they have not turned up for which case is heard in exparte . It is unfortunate to point out that although it has mentioned in the order sheet dated 24.6.2015 that O.P appears and files written version but no written version is traceable and appearance of the O.P also. Be that as it may, on that date there was no quorum.

            Point for decision in this case is whether there is any deficiency in service on the part of the O.P.

                                                            Decision with reasons

            We find that complainant within a very short span of time lodged complaint to the O.P Bank on 10.12.2013 and Rs.10,000/- was withdrawn on 30.11.2015. It may be mentioned here that said ATM counter was maintained by the PNB and one certificate is lying in the record by the PNB who is made party in this case that as per JP Law transaction is successful and there is no excess cash found in reconciliation. It is further stated that the same is a computer generated letter and hence requires no signature.

            Now one thing come out from the computerized information by the O.P Bank to their head office in this regard that Head office of UBI ADC Department Mr. Dhurjati Sen informed the Branch manager , Diamond Harbour Road Branch regarding CCTV footage that PNB has confirmed the same, would not be available as the date of transaction is beyond the maximum period of availability of CCTV Footage at their end. It may be mentioned here that when the complainant has informed the O.P Bank on 10.12.2013 that his account has already been hacked in ATM counter of PNB Sealdah on 30.11.2013 it was the duty of the O.P Bank to inform the same to the concerned PNB Bank through their Head Office to hold CCTV Footage through their Head Office but the Bank has informed admittedly on 2.1.2014.

            Be that as it may we find that if the CCTV Footage was available then definitely actual picture comes out and it should be borne in mind that soon after any complaint is received by any consumer to any Bank regarding hake of ATM transaction, it is the paramount duty of the concerned Bank to take war footing measure for holding  the CCTV Footage in the said ATM counter in order to provide services to the consumer at large. But here we find that incident happened on 30.11.2013 and the complainant being a common people has informed the same on 10.12.2013 which is within 10-11 days. So, the O.P Bank easily can collect the CCTV Footage by exercising his good office but inevitable did not happen, which is nothing but a deficiency in service, that is why the good money of the common people amounting to Rs.10,000/- has already been vanished due to the unfair trade practice and deficiency in service on the part of the O.P Bank.

            We have perused the letter of the Branch Manager of UBI, Diamond Harbour Road Branch to their Head office along with the reply. It is nothing but a stereotype reply. It is the duty of the Bank to hold the CCTV Footage ad and when complaint is lodged ,off course, if the same is available within the period of availability of CCTV Footage. Herein the occurrence takes place on  30.11.2013 and complaint was lodged on 10.12.2013. So, the CCTV Footage can easily be available but the same was not available due to negligence of the Banking authority, herein the O.P Bank, that is why, complainant has been able to prove the deficiency in service of O.P Bank.

 

 

 

            Hence,

                                                            Ordered

That the application under section 12 of the C.P Act, 1986 is allowed.

The Branch Manager of UBI , Diamond Harbour Branch, the O.P, is hereby directed to refund Rs.10,000/- to the complainant within one month from the date of this order, failing which complainant will get compensation to the tune of Rs.15000/- to be paid by the O.P.

The O.P Bank is also directed to pay Rs.2000/- towards litigation cost to the complainant within 30 days from the date of this order.

If the O.P Bank failed to comply the order within 30 days from this date, then the complainant is at liberty to execute the order through this Forum. 

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

Member                                   Member                                                                                   President                                

 

Dictated and corrected by me

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

                       

 

                                                            Ordered

That the application under section 12 of the C.P Act, 1986 is allowed.

The Branch Manager of UBI , Diamond Harbour Branch, the O.P, is hereby directed to refund Rs.10,000/- to the complainant within one month from the date of this order, failing which complainant will get compensation to the tune of Rs.15000/- to be paid by the O.P.

The O.P Bank is also directed to pay Rs.2000/- towards litigation cost to the complainant within 30 days from the date of this order.

If the O.P Bank failed to comply the order within 30 days from this date, then the complainant is at liberty to execute the order through this Forum. 

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

Member                                   Member                                                                                   President