ORDER

(Passed on  29/10/2018)

PER SHRI.ATUL D.ALSI, PRESIDENT.

           The complainant has filed this complaint U/s 12 of the Consumer

Protection Act,1986 against the negligence of service for non re transfer of the amount of Rs.22,500/- wrongly debited from his account alongwith interest and compensation amounting to Rs.13,000/-.                

2. The facts in short giving rise to this petition are that the complainant is a resident of Chandrapur having his Saving Account bearing No.961210100003702 with OP bank having facility of Internet Banking. On 30/3/2017, the complainant received a message on his mobile that an amount of Rs.15,000/-, Rs.5,000/- and Rs.2,500/-  were withdrawn from his account. However, the complainant had not withdrawn any of this amount. Thus a total amount of Rs.22,500/- was withdrawn by somebody from his account. Therefore, the complainant lodged a written complaint with the OP Bank for necessary retransfer of the amount wrongly withdrawn by some other person from his account. The OP is a well known bank and is under a duty to take security measures to safeguard interests of its customers. However the OP failed to provide proper security the net banking account of the complainant. After several requests, the amount wrongly withdrawn has not been credited to the complainant’s account. Therefore, the complainant issued legal notice to the OP through his Advocate Mr.Kullarwar but the OP did not comply the notice. Hence, the complainant has filed this complaint.

3.      The complaint is admitted and notice was served to the OP. The OP filed its reply and thereby denied allegations against it and admitted that an amount of Rs.15,000/-, Rs.5,000/-and Rs.2,500/- were withdrawn on 3/3/2017 from the account of the complainant. The OP denied the rest of the allegations and submitted that the OP has taken immediate cognizance of the complaint dated 3/3/2017 lodged by the complainant and forwarded the same to the Bombay Office of the Bank for necessary action. After receipt of written complaint of wrongly withdrawal of amount, the OP Bank has deposited Rs.15,000/- on 15/3/2017 and Rs.5,000/- on 20/4/2017 in the account of the complainant vide Off.No.030317 Data No.29230, 29232 and 29233 as a precautionary measure. There are nearabout 70 to 80 crore debit card holders throughout India and the Bombay Centre is the only centre of the country where such type of complaints are forwarded and adjudicated. There are huge number of complaints at Bombay office. A substantial amount of Rs.20,000/- has already been Credited by the OP bank in the complainant’s account within 15 days from the receipt of complaint from the complainant,  and it is shortly depositing balance amount of Rs.2,500/- also in his account as soon as the final report of Bombay Office is received. Therefore there is no negligence or deficiency in service on the part of OP Bank.

4.        The counsel for the complainant argued that the complaint has been filed on 12/4/2017 before the Forum. The OP Bank deposited Rs.5,000/- on 15/3/2017 and Rs.15,000/- On 20/4/2017 in the saving account of the complainant. The OP Bank failed to deposit the remaining amount of Rs.2,500/- Hence there is deficiency in service on the part of OP Bank.

5.      The Consel for the OP argued that the OP Bank has taken cognizance of the complaint immediately and deposited Rs.20,000/- in the account of the complainant and referred the complaint for investigation to its Bombay office. The Bombay office requires time to investigate the matter. Therefore there is no negligence of service.

6.         We have gone through the complaint, written versions filed by OP  affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.

                    Points                                                                                     Finding

1. Whether the complainant is a Consumer ?                                      Yes

2.  Whether  there is deficiency in service on the

    part of OP ?                                                                       No

3.  What order ?                                                                  As per final order..

As to issue No.1 & 2

7.          The O.P. has admitted that the complaint is having his Saving

Account bearing No.961210100003702 with the OP bank. Hence the complainant is the Consumer of OP Bank as envisaged U/s 2(1)(d) of the C.P.Act. 1986.

8.         The complainant has admited in his evidence on affidavit  filed at Exh.8  dated 9/8/2017 that the OP Bank has deposited Rs.15,000/- on 20/4/2017 and Rs.5000/- on 15/3/2017  and the complaint has been filed on 12/4/2017. After receipt of complaint from the complainant, the OP has taken immediate cognizance of the complaint and forwarded the same to the Bombay Office for investigation immediately. The Bombay Centre is the only centre in the country where such type of complaints are forwarded and adjudicated, and hence its final report is awaited. Hence there is no negligence on the part of OP Bank and the complaint deserves to be dismissed. Hence the issue Nos.1 & 2 are decided accordingly.

As to issue No.3

9.        In view of our above observations, we pass the following order..

Final order

1. The Complaint is dismissed without cost.

2. Parties to bear their own cost.

3. Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President