Advocate Jayashree Kulkarni for the Complainant
Opponent absent.
Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 18th November 2013
This complaint is filed by consumer against the Bank for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] The complainant is residing at Airport Road, Pune 411 032. She has account with the Opponent Bank. She is using debit card which is issued by the Opponent. She had kept that card with her family members at Rajasthan. On 24/2/2007 amount of Rs.11,442/- were lying in her saving account. Her father in law was in need of Rs.10,000/-. Hence, he had used that ATM card in ATM machine which is located at Station Road, Sikar Branch, Rajasthan for withdrawing Rs.10,000/-. After completing the operation, he could not receive cash amount. But, amount of Rs.10,000/- was debited from the account of complainant. He has informed this fact immediately to the person who was present at the ATM machine. But he did not give any response. He informed this fact to the complainant, who had approached to the Opponent Bank and made complaint about non receipt of Rs.10,000/-. He had requested the Opponent for several times as regards deficiency in service. But the Opponent did not give any reply to the complainant. Ultimately, she had issued notice to the Opponent on 22/3/2007. But, Opponent did not give reply to it. Hence, she has filed present complaint for deficiency in service and claimed Rs.20,000/- alongwith interest @ 18 % p.a. and compensation of Rs.10,000/- for mental harassment and inconvenience.
[2] Opponent has not appeared in person but sent reply alongwith electronic journal data. According to the Opponent the card was used by the third party at Sikar Branch, Rajasthan and the transaction was successful. The complainant had received the said amount as per electronic journal data. The Opponent has prayed for dismissal of the complaint.
[3] After considering the pleadings of both parties and scrutinizing the documentary evidence which is produced on record and the written argument, following points arise for our consideration. The points, findings and reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1 | Whether complainant has proved that the opponent has caused deficiency in service ? | In the affirmative |
2 | What order ? | Complaint is partly allowed. |
Reasons-
As to the Point Nos. 1 and 2 –
[4] It appears from the record that the defence of the Opponent is that the transaction in dispute was successful and the concerned party has received the cash amount of Rs.10,000/-. But it reveals from the correspondence between the complainant and the Opponent that the complainant had informed the Opponent from time to time about the disputed transaction. The matter was referred to the Vice President, Drcard Business, Bobcards, Colaba, Mumbai 400 001 by the Opponent. The Opponent has also informed this fact to the ATM co-ordinator but no immediate action was taken by the Opponent as regards the disputed transaction. It appears from the conduct of the complainant that she has made complaint in time, promptly. But she could not get any response from the Opponent. She has filed affidavit in support of her complaint as well as the proof of transaction. Hence, I held that the Opponent has caused deficiency in service, as the evidence produced by the complainant is not rebutted on oath by the opponent. I answer the points accordingly and pass the following order-
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that the Opponent has caused deficiency in service by not dispensing cash of Rs.10,000/- as per the ATM transaction.
3. The Opponent is directed to refund Rs.10,000/- and also directed to pay costs of Rs.3,000/- to the complainant within six weeks from the date of receipt of copy of order.
4. If the amount is not paid or deposited within the stipulated period it shall carry interest @ 9% p.a. from the date of filing of complaint till its realization.
5. Both parties are directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place – Pune
Date – 18/11/2013
