Per Mr.H.K.Bhaise, Hon’ble Member

1)                The Complainant is having NRE account in the Bank of India, Wadala (East) Branch.  On 31^st March, 2011, the complainant withdrawn a sum of Rs.10,000/- from Bank of Baroda ATM located at Mohammad Ali Road, Mumbai.  While updating the passbook, the complainant found double entry on same date i.e. on 31^st March, 2011 worth Rs.10,000/- each.  Thereafter, the complainant reported with issuing bank (Bank of India) for the same wherein he has been advised to consult with the nearest bank from where the amount is withdrawn i.e. Bank of Baroda.  When the complainant visited Bank of Baroda for the dispute he was told by the bank officials to lodge complaint on toll free number and the email ID was given to lodge the complaint. The complainant lodged the complaint to Bank of Baroda and sent an email to his queries. Wherein they reverted back that both transactions made by him was successful on 31^st March, 2011 and 1^st April, 2011 respectively wherein in passbook is shows both transactions are completed on 31^st March, 2011 and finally was told to take up this matter with issuing bank i.e. Bank of India, Wadala (East) Branch. The complainant then again visited Bank of India and applied for the disputes and recovery of money.  After five visits, Manager of Bank of India told him to report the complaint Reserve Bank of India as this can not be solved at branch and needs to be applied at RBI Banking Ombudsman.  The complaint was made at RBI and rejected. The complainant had 15 visits to correct the things but did not happened.  The complainant further states that the multiple visit which would require to set the things place for making complaint has affected his personal and business schedule.  The complainant therefore prays to direct the O.P.

i)       to pay the total amount of Rs.10,000/- along with interest

ii)      to pay a sum of Rs.10,000/- towards the physical strain and mental agony suffered by the complainant and his family members

iii)     to pay Rs.7,000/- towards the cost of this petition cost

iv)     to pay Rs.5,000/- towards traveling and lost of time

2)                The O.P. has been sent a copy of the complaint and record submitted by the complainant by R.P.A.D.  The O.P. party has received the same.  But, the O.P. did not attend the Forum.  Therefore, the matter was proceeded ex-parte against it.  The complainant has filed his affidavit of evidence and produced the copies of documents and written argument.  The complainant has put his grievance to issuing bank and the Bank of Baroda from where amount was withdrawn.  The complainant has also lodged his complaint with Reserve Bank of India, Banking Ombudsman.  But, he did not get the satisfactory reply.  The O.P. has failed to take responsibility and liable for deficiency in service.  As per notice reply of the O.P. dated 11^th June, 2011, the transaction dated 31^st March, 2011 for Rs.10,000/- and dated 1^st April, 2011 for Rs.10,000/- are successful.  It shows that there was only one transaction dated 31^st March, 2011. But, on perusal of passbook there are two transaction entries dated 31^st March, 2011 showing the withdrawal of Rs.10,000/- each.  Thus, even though, there was only one successful transaction dated 31^st March, 2011 still there are debit entries.  There is no dispute about the withdrawal dated 1^st April, 2011.  There can not be debit entry on 31^st March, 2011 for the withdrawal transaction dated 1^st April, 2011.  Thus, second debit entry for Rs.10,000/- dated 31^st March, 2011 is wrong.  Therefore, the O.P. is responsible to compensate it to the complainant.  The O.P. was given the chance to appear before the Forum to represent and inform the facts but they failed to appear before the Forum.  The O.P. did not utilize available option to check and confirm the facts and failed to appear before the Forum.  The O.P. has not challenged the claim of the complainant.  It has not given sufficient cause for rejecting the claim of the complainant.  The claim of the complainant is supported by documents on record.  Therefore, on the ground of record submitted by the complainant in the present matter and evidence produced on record in the affidavit, it seems that O.P. is liable for deficiency in service and unfair trade practice.  The O.P. is liable to pay compensation to the complainant.  The complainant has a regular correspondence to the relevant authority.  The complainant has visited many times to the bank.  He has to spare his valuable time which has affected his personal and business schedule.  He has been suffered by physical stress and mental agony also. He has to spend money towards self traveling and attending the bank offices and has to loss his time also. 

3)                The O.P. is liable to pay Rs.7,000/- for compensation and physical stress, mental agony and towards cost of traveling and loss of time.  We think the complainant is entitled for Rs.5,000/- towards the cost of this proceeding.  Hence, on going through the record and documents submitted by the complainant, we proceed to pass the following order.

O R D E R

1. Complaint is allowed.
2. The O.P./Bank is directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant with interest at the rate of 9% per annum from 31^st March, 2011 till realization. 
3. The O.P. is also directed to pay Rs.7,000/- (Rs.Seven Thousand Only) to the complainant for compensation of physical stress, mental agony and cost towards traveling and loss of time.
4. The O.P. is further directed to pay Rs.5,000/- (Rs. Five Thousand Only) to the complainant towards the cost of this proceeding. 
5. The above order shall be complied with within a period of one month.
6. Copies of this order be sent to the parties free of cost.

Pronounced

Dated 25^th February, 2014