DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 1041/2014
Date of Institution - 15/11/2014
Order Reserved on 30/09/2016
Date of Order - 30/09/2016
In matter of
Mr. Ram Kumar, adult
S/o Sh Kusum Lal
R/o-A-407, Block A
New Ashok Nagar, Delhi 110096..………………....………..…………….Complainant
Vs
The Branch Manager
Bank of India,
G-40, Cannought Place, Delhi 110001…………..……………………….Respondent
Complainant’s Advocate …………………….Rajesh Kumar Sharma
Opponent’s Advocate………………………….Jatinder Kumar Sharma
Quorum - Sh Sukhdev Singh- President
Dr P N Tiwari - Member
Mrs Harpreet Kaur- Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
Complainant was having a saving bank account in OP bank vide saving account no. 604210310000642. He also had a credit card no. 526456042017668.
Complainant withdrew a sum of Rs 1000/- on 26/05/2014 and after reaching at Madhubani, Bihar, again tried to withdraw, but did not get the money, thereafter
complainant got a mobile message sent by OP that a sum of RS 9,000/- had been debited from his account. He immediately lodged a complaint with customer care centre through Shyamanand Jha to Zonal office at New Delhi on 26/05/2014 at 10.06 am from Bihar. He had also made a written complaint to Manager, Bank stated that he could not withdraw a sum of Rs 1000/-, but received a message for debit of a sum of Rs 9000/-. Even he stated that he enquired from his bank, who assured that the same amount would be reverted to his account in 4-5 days. Even after seven days, complainant did not get any response, again made a written complaint to bank manager at Counnought Place on 31/07/2014 with the same facts, but did not get any reply for his complaints, so resulted him in depression.
He alleged OP’s conduct illegal and deals in unfair trade practice, hence, he filed this complaint and claimed for reversal of a sum of Rs 9000/-in his account besides a sum of Rs 50,000/- as harassment and Rs 20,000/- as litigation charges.
Notice was served. OP submitted its written statement denying all the allegations made against OP. It was submitted that with each and every transaction, whether successful or failed, ATM machine issue a proper receipt, but here complainant had not submitted any such receipt. OP also stated that the ATM machine last used by the complainant at Bihar was of Muthood Finance Money, as Expert service provider, hence, present complaint be dismissed.
OP also submitted its notarized power of attorney of its senior manager to act and defend all such matters at Delhi, which was on record.
Complainant submitted its rejoinder and did not submit his evidence on affidavit, where as OP submitted its evidences on affidavit, which were on record. OP submitted evidence of ATM failed transaction letter sent to complainant on dated 02/08/2014 stating that the transaction of a sum of Rs 9000/- was successful.
In addition to this, OP also submitted Muthoot Finance ATM internal recorded data showing double zero (OO) code which means the transactions done by complainant at Madhubani chauk was successful vide transaction date 26/05/14 at 9.55 am as recorded against card no. 526495xxxxxx7668, and record no 0094 for a sum of Rs 9000/-were withdrawn by complainant and his left out balance was Rs 781/-.
Complainant did not file its evidence on affidavit nor countered facts brought by OP. This clearly showed that the services given by OP were not deficient and no unfair trade practice proved by complainant even by single concrete evidence.
Even on argument date, complainant did not appear nor on earlier dates fixed for final argument. We concluded our observations that this complaint is devoid of any merit and hence, deserve to be dismissed, so the complaint is dismissed without any cost.
The copy of this order be sent to the parties as per rules and file be consigned to the record room.
Mrs –Harpreet Kaur- Member (Dr) P N Tiwari – Member
Shri Sukhdev Singh - President
