Delhi

North East

CC/4/2020

Sh. Raju Ahirwar - Complainant(s)

Versus

Bank of Maharashtra - Opp.Party(s)

03 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.04/20

 

In the matter of:

 

 

	Shri Raju Ahirwar, S/o Sh. Baldev Prasad, R/o B-99, Near Dispensary Gokulpuri, North East District	Complainant
	Versus
1.       2.	Bank of Maharashtra Through its Branch Manager Yamuna Vihar, Delhi   State Bank of India Gokulpur Branch, Delhi	Opposite Parties

 

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

08.01.2020 18.11.2022 03.02.2023

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

                                                                 ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant was having a saving Bank Account with the Opposite party No. 1 vide his Saving Bank Account No. 60297205207 since the year 2017 and officials of the Opposite Party No. 1 have also issued a ATM bearing No. 6521 5500 4339 2878 in support of the said saving bank for digital banking. On 04.06.2019, the complainant was in need of funds, due to which he reached at the ATM of SBI Gokulpur, Delhi for withdrawal of a sum of Rs. 10,000/- but due to technical/mechanical/software problem of the said ATM machine, the request of complainant was not proceeded two times properly as the complainant could not receive the said amount of Rs. 10,000/- from the said ATM of SBI. The ATM card of the complainant had been linked his mobile no. 8860697105 by the Opposite Party, however complainant had not received any message on his mobile number at the specific time on the said specific day of the said transaction i.e. 04.06.2019, so complainant was believed/presumed that no transaction had been taken placed on the said day as he had not received any SMS from the Opposite Party No. 1. After a period of fortnight, complainant approached the Opposite Party for updating of his passbook and after updation of the pass book of complainant with the Opposite Party, then the complainant came to know the debits of Rs. 10,000/- two times from his above mentioned bank account i.e. total deduction of Rs. 20,000/- from his bank account from the Opposite Party No. 1. Thereafter, officials of the Opposite Party got filled and signed the application of claim from complainant. Subsequently complainant has made applications and submitted the same with the officials of the Opposite Party No. 1. Complainant had several times visited at the bank and discussed the matter with the officials of the Opposite Party for the redressal of the genuine grievance of complainant. On 08.08.2019, complainant again approached to the officials of the Opposite Party, upon which the officials of the Opposite Party had obtained application from the complainant and also deducted a sum of Rs. 590/- two times for two times transaction from the above mentioned bank account of complainant towards the charges for providing information to the complainant. However, complainant had received intimation on his above mentioned mobile number about the deduction of Rs. 590/- two times from the Opposite Party. It is pertinent to mention here that complainant had not received any message at the time of the above said deduction of Rs. 10,000/- two times i.e. Rs. 20,000/- from his saving bank account with the Opposite Party No. 1. On 27.08.2019 again complainant had approached before the officials of the Opposite party No. 1 upon which the officials of the Opposite Party No. 1 had flatly refused to provide any information to complainant in respect of the above mentioned deductions of Rs. 10,000/- two times i.e. a sum of Rs. 20,000/- from his saving bank account with the Opposite Party No 1. Further, the officials of the Opposite Party No. 1 had informed the complainant to come after a period of two months to receive the information as desired by the complainant but till date no information had been provided by the officials of the Opposite Party No. 1 to the complainant which shows the mala fide intentions of the Opposite Party No. 1. Complainant sent a legal notice on 29.08.2019 thereby called the opposite Party to comply with the said legal notice and the same was duly served upon the Opposite Party No. 1, however, the Opposite Party No. 1 had miserably failed to comply with the said legal notice and even least bothered to give the reply to the said legal notice. Complainant has prayed for Rs. 20,000/- along with the interest @ 24 % p.a from the date of withdrawal of the said amount from the saving bank account of the complainant, Rs. 2,00,000/- on account of mental pain, agony and Rs. 50,000/- towards the litigation charges .
2.  None has appeared on behalf of Opposite Party No. 1 and Opposite Party No. 2 to contest the case despite service of dasti notice to OP 1 and notice served to OP 2. Therefore, Opposite Party No. 1 and Opposite Party No. 2 was proceeded against Ex-parte vide order dated 29.04.2022.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file.  The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party No. 1 is directed to pay an amount of Rs. 20,000/- along with interest @ 6 % p.a from the date of filing the complaint till recovery. Opposite Party No. 1 is also directed to pay an amount of Rs. 5,000/- along with interest @ 6 % p.a from the date of this order till recovery.

 

6. Order announced on 03.02.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President