This complaint U/S 12 of C.P. Act, 1986 was initially filed against the Opposite Party No.-1 (O.P.-1), Bank of India, Represented by the Manager, Dinbazar Branch, P.S.- Kotwali, P.O. & Dist. - Jalpaiguri, Pin Code -735101 who contested the case by filing written version.
The case of the compliment as per his complaint is as follows-
The complainant argued in his plaint that on 01/10/2018 the complainant tried to withdraw Rs. 2,000/- (Rupees Two Thousand) only from his. Savings Bank Account of the Bank of India vide A/C No. 430010110004962 by using his ATM card bearing number 5264 9536 6822 1294 from one S.B.I., ATM Counter, situated at Shanti para, opposite LIC building, although no currency came out from the ATM and the complainant received one message on his registered mobile number 96415 07569 that the amount of Rs 2000/- (Rupees Two Thousand) only had been debited from his account but no statement or transaction had been issued by the said ATM machine in this regard.
The complainant also argued in his plaint that then and there contacted with the O.P.-1 and the manager of O.P.- 1 told that if the debited amount is not adjusted within 24 hours then it will be necessary to file a Complaint Form by the complainant for adjusting the debited amount to his account on the next working day. The complainant also added that he filled up the Complaint Form as per the instruction of the manager of O.P.-1 on next working day and thereafter on 06/10/2018 he again tried to withdraw Rs. 2,000/- (Rupees Two Thousand) only from another ATM counter of the SBI, situated at Beguntary (Nearest to M/S Misra & Company), Jalpaiguri by using the same ATM Card from his above noted account of Bank of India neither any money nor any slip came out from the ATM machine and also no message was received in the mobile of the complainant. The complainant again met with the Manager of the Bank and after searching the computer record the Manager told him that the said amount was debited from his account of Bank Of India but same is in queue and hence, the manager directed him to fill up a Complaint Form which he did on the same day i.e. on 06/10/2019 for recovery of the said amount. The complainant also added in his plaint that after debited of total Rs. 4000/- (Four Thousand) only in consecutive two dates i.e. on 01/10/2018 and 06/10/2018 respectively from his Savings Account, the concerned Manager of Bank of India assured him that the matter would be solved in a short time and they will settle the matter by crediting the amounts within one or two weeks but thereafter, the complainant several times updated his Savings Pass Book and every time it showed that the said debited amount had not been credited and in connection to this the complainant several times met with the Manager of O.P.- 1 but all were in vain and even the toll free complain number to recovery complainant's said debited amount and the E-mail I.D. which was served to the complainant by the O.P.-01 also failed to bring any fruitful result.
The complainant also argued in his plaint that several times he approached to the O.P.-2 but didn't get any positive response and finding no other alternative, on 13/03/2019 the complainant sent a Notice to the O.P.-1 through the Joint Secretary of the Jalpaiguri Zilla Kreta Suraksha Samiti to the O.P.-1 stating all his grievances to refund his Rs. 4000/- (Four Thousand) only with interest and compensation of Rs. 10,000/- (Rupees Ten Thousand) only for harassment and mental injury along with litigation cost etc.
The complainant therefore prays-
i) To pay the total debited amount of {Rs. 2,000/- + Rs. 2,000/- = Rs.4000/- (Rupees Four Thousand) only} which was debited on 01/10/2013 and 06/10/2013 respectively along with interest of @ 12% per annum calculated in the date of actual payment from the date of cause of action.
ii) To pay the amount of Rs.10, 000/- (Rupees Ten Thousand) only as compensation for harassment, inconvenience and mental agony suffered by the compliment.
iii) To pay the amount of Rs. 5,000/- (Rupees Five Thousand) only as litigation cost.
iv) For any other relief or reliefs as the Hon'ble Forum may deem fit and proper.
v) Total relief claimed = Rs. 2000/- (Rupees Two Thousand) only + Rs. 2000/- (Rupees Two Thousand) only + Rs.10, 000 /- (Rupees Ten Thousand) only + Rs.5, 000/- (Rupees Five Thousand) only = Rs. 19,000/- (Rupees Nineteen Thousand) only.
List of documents filed by the complainant:
1) Copy of Passbook of the B.O.I. showing entries dated 01/10/2018 and 06/10/2018 (03 pages).
2) Copy of the representation submitted to the O.P.-1 dated 05/10/2018.
3) One photocopy of the message on 01/10/ 2018 receiving by the complainant in his mobile.
4) One photocopy of Notice dt. 13/03/2019 along with Postal Receipt dt. 15/03/2019 received by the O.P.-
1 (2 pages).
5) Photocopy proof of identity (Aadhaar Card).
6) One photocopy of the Email dt. 06/02/2019 sent by the complainant.
The O.P.-1, Bank of India, Jalpaiguri Branch, M.G. Road, Jalpaiguri, Represented by the Branch Manager, contested the case by filing Written Version (W.V.) and as per his W.V. the case is as follows-
The O.P.-1 stated in his W.V. that the complaint admitted in his plaint that he used the ATM counter of SBI at Shantipara more on 01/10/2018 and also admitted on 06/10/2018 transaction made at SBI ATM at Beguntary More and as per J.P. Log (Journal Print Log) of O.P. Bank, the transaction on 01/10/2018 made by the complainant was successful and he got the money from ATM Counter. The O.P.-1 also added in his W.V. that the said amount which was withdrawn by the complainant on 06/10/2018 might or might not be out from ATM and the O.P.-2 would fix the issue because the ATM Counter and Technology used by the complainant remain with O.P.-2.
The O.P.-1 also stated in his W.V. that the litigated amount that was Rs. 2,000/- (Rupees Two Thousand) only which was withdrawn from SBI ATM at Shantipara, Jalpaiguri on 01/10/2018 had been resolved as per the J.P. Log which was obtained from IT Department of Bank Of India and another litigated amount of Rs. 2,000/- (Rupees Two Thousand) only withdrawn on 06/10/2018 at Beguntary SBI ATM was exclusively matter of SBI.
The O.P.-1 also stated in his W.V. that the J.P. Log, dated 25/10/2018 clearly reflected that the transaction on 06/10/2018 was successful and the customer got the amount from SBI ATM at Shantipara, Jalpaiguri and the complainant falsely lodged complain at concerned authority on 13/03/2019 that his Rs. 4000/- (Rupees Four Thousand) only not refunded by the Bank Of India but the fact was that the Bank Of India was not concerned authority when the customers of Bank of India used the SBI ATM or other banks ATM.
The documents filed by the O.P. are follows:
1) Photocopy of Letter dt. Tuesday, May 28, 2019, 3:15 P.M.
2) Photocopy of J.P. Log.
Points for consideration
1) Whether the complainant consumer?
2) Whether the case is maintainable under the CP act 2019?
3) Weather there is any deficiency in service in the part of the O.P as alleged by the complainant?
4) Is the complainant is entitled to get any award and relief as prayed for?
All the points are taken up together for consideration and decision.
Seen and perused the complaint petition and Written Version filed by the parties which are supported by the affidavit, documents filed by both parties. The complainant and O.P.s are not filed any B.N.A. and so, the case is disposed on merit
It is very much clear from the evidence that on 01/10/2018 the complainant has a Savings Bank Account of the Bank of India vide A/C No. 430010110004962. Thus this Commission has no doubt that the complainant is a very much consumer as per the C.P. Act 2019 and also there is no doubt that this Commission has its jurisdiction to decide this case. The complainant had filed this case within the limitation period and thus this case is very much maintainable under C.P. Act 2019.
The complainant stated that he filled up the Complaint Form as per the instruction of the manager of O.P.-1 on next working day and thereafter on 06/10/2018 he again tried to withdraw Rs. 2,000/- (Rupees Two Thousand) only from another ATM counter of the SBI, situated at Beguntary (Nearest to M/S Misra & Company), Jalpaiguri by using the same ATM Card from his above noted account of Bank of India but neither any money nor any slip came out from the ATM machine and also no message was received in the mobile of the complainant. In view of the decision of Hon’ble National Commission, New Delhi, II (2011) CPJ 106 (NC) and the facts and circumstances of our present case and from the material on record we find that the complainant was all along in possession of his ATM card and only he knew his four digit PIN Number and here this Commission followed the decision of Hon’ble National Commission, New Delhi, II (2011) CPJ 106 (NC)- “ Merely because CCTV was not working on those dates does not mean that money could be withdrawn fraudulently without using ATM card and PIN”.
In this case the petitioner was not able to prove that there is a deficiency of service in the part of the O.P No -1 and 2. We further found that the O.P. Bank took all possible steps after receiving information from the complainant. It is clear from the evidence that on 01/10/2018 after the transaction the complainant received the withdrawal message from the Bank on his registered mobile number 9641507569 and against the transaction done on 06/102018, the O.P. Bank filed the J.P. Log which showed that the transaction was successful. On the other hand, this Commission has not hesitated to hold that the O.P No- 1 and O.P No-2 maintained the rules and regulations frame by the RBI. In this case the petitioner was not able to establish his claim.
Hence it is
O R D E R E D
That the consumer case number 13/2019 be and same is dismissed on contest against the O.P. No-1 and 2. No cost was awarded against the petitioner.
Let a copy of this judgment be given to the parties directly or through their representatives Ld. Advocates for compliance free of cost.
