Delhi

West Delhi

CC/16/551

RAMESHHWAR TYAGI - Complainant(s)

Versus

BANK OF INDIA - Opp.Party(s)

20 Aug 2018

ORDER

 

                    CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                           GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

                                                                                                 Date of institution: 16.08.2016

Complaint Case. No.551/16                                                 Date of order:    20.08.2018

IN  MATTER OF

 

Rameshwar Tyagi, WZ-A-1/2, Budela Market, Vikaspuri, New Delhi-18                                                                                                                                                                                                                                                                                                                                 Complainant

VERSUS

Bank of India, Branch Budela Vikaspuri, New Delhi-18

                                                           

                                                                                                                           Opposite party-1

SBI, C-602, Vikas Puri, New Delhi-18

                                                                                                                         Opposite party-2

ICICI Bank Ltd., J-8, Vikas Puri, New Delhi-18

                                                                                                                         Opposite party-3

                                    ORDER

PUNEET LAMBA, MEMBER

The present complaint is filed u/s 12 of the CPA by Mr. Rameshwar Tyagi named above herein the complainant, against Ops for deficiency in service. The brief facts of the complaint necessary for the disposal are that the complainant having a saving account with op-1 who also issued ATM card. The complainant on 12.03.2016 went to ATM of op-2 at 7 a.m. in morning to withdraw the cash for sum of Rs.10,000/-but the transaction was not successful and sum of Rs.10,000/- was not withdrawn from ATM machine. There was no watchman hence the complainant had to visit another ATM that is of op-3 which is situated nearby. He withdrew the sum of Rs.10,000/- and the transaction was successful. The complainant after some time got message on his mobile that a sum of Rs.10,000/- twice has been debited. The complainant visited op-1 and got his pass book updated. There was double debit entry of sum of Rs. 10,000/- each on 14.03.2016. There was no entry reflected on 12.03.2016. Thereafter that the complainant contacted the staff of op-1 and narrated his grievance.They assured him that the entry will be revertedback in few days. The complainant visited personally many times but in vain. Thereafter the complainant lodged written complaint on 01.08.16 to the bank manager of op-1. But the op-1 instead of redressing the grievance of the complainant handed over a letter showing that transaction is successful. Hence the ops – 1 and 2 are deficient in service. Hence the present complaint for directions to ops 1 and 2 to pay a sum of Rs.10,000/- with interest 18% p.a. and pay compensation of Rs.10,000/- for mental pain, agony and harassment and Rs.5,000/- for miscellaneous and litigation expenses.

Notice of the complaint was sent to the Ops but none put in appearance on their behalf and all Ops were proceeded ex-parte vide order dated 25.01.2017.

When the complainant was asked to lead evidence he tendered his affidavit dated 25.09.2017 reiterating the facts stated in the compliant and also relied on letter dated 01.08.2016, copy of pass book, copy of email dated 02.08.2016 and 03.08.2016 and sms messages dated 12.03.2016.

We have heard the complainant in person and have gone through material on record carefully and thoroughly.

From the perusal of the pass book of the compliant it reveals that two entries are reflected on 14.03.2016 instead of 12.03.2016. Moreover sms message dated 12.03.2016 clearly shows that OP-1 assured to refund back the amount in dispute. However there is email dated 08.03.2016 which states that the transaction is successful and the amount can not be refunded to the costumer. The said email does not reflect which transaction is successful and moreover no material is on record to substantiate the fact whether the transaction is successful.The complainant is able to show that Op-1 through sms assured that the amount in dispute would be reverted back in three days. Moreover, the version of the complainant which is testified on oath remained unrebutted and unchallenged and there is no reason to disbelieve the version of the complainant. The complainant is able to establish his version which is substantiated by the documents.

In the light of above discussion and observation we are of considered view that despite assurances by Op-1 the amount in dispute is not refunded back and there is deficiency in service on part of op-1. Even Op-2 also no chose to appear before the Forum and defend its interest and by merely issuing letter stating that transaction is successful is not sufficient to prove the facts as it is not substantiated by any documents therefore, we are considered view that op-1 and 2 are jointly and severally liable.

Therefore, We direct Ops-1 and 2 jointly and severally to refund Rs. 10,000/- to the complainant within 30 day of receipts of this order and also pay compensation of Rs.2,000/- mental pain, agony and harassment and litigation expenses.

Order pronounced on :- 20.08.2018

 

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

(PUNEET LAMBA)                                                                                              (K.S. MOHI)                       MEMBER                                                                                                              PRESIDENT