: J U D G M E N T :
The brief fact of the case is that on 01.03.2013 the salary of complainant amounting to Rs. 20,250/- was credited in his account. On the self same date he wanted to withdraw an amount of Rs. 16,500/- from his above noted account and inserted his ATM card into ATM machine. But neither the desired amount of Rs. 16,500/- nor any transaction slip came out from the machine. The machine inside bank provided the message of Rs. 15,000/- has been withdrawn. The complainant being surprised rushed to the Branch Manager, OP No. 1 in the instant case. He lodged a complaint and got computer generated docket being No. 5943115 dtd. 01.03.2013. Subsequently, it was informed that Rs. 15,000/- would credited in his account within 7 days. But after scrutiny of the pass book the complainant realized that Rs. 15,000/- has been withdrawn from his said account. On 05.03.2013 a message was also sent to complainant’s mobile that transaction was made successfully and there was no excess money in the ATM machine. OPs adopted unfair trade practice. There is a gross negligence / deficiency in service on the part of OPs. so the complainant has come before the Forum with some prayers mentioned in the complaint.
OPs / bank contested this case by filing written version stating, inter alia, in fact that complainant operated the ATM of OP and withdrew cash of Rs. 15,000/- on 01.03.2013 and the complainant successfully withdrew the said amount and on the same date the complainant also withdrew of Rs. 5000/- through cheque. After receiving the said complaint filed by complainant dtd. 06.03.2013, the bank authority recorded the matter through their IT Department. The said department asked to submit the copy of transaction slip which was communicated to the complainant on 07.03.2013 but the complainant gave a reply on 19.03.2013 that no transaction slip came out from ATM. But after proper inquiry it was found that the said transaction has been made successfully and the complainant withdrew the said amount from ATM. So the complaint is liable to be rejected with cost.
Now the Forum is to consider the following points:-
- Whether the complainant is to be treated as consumer or not as per
Consumer Protection Act 1986.
- Whether there is any gross negligence or deficiency in service on the part of OPs or not,
- Whether the complainant is entitled to get any relief as prayed for.
DECISION WITH REASONS
Point No. 1.
We have perused complaint, written version, evidence on affidavit filed by both parties, written argument filed by both parties along with other relevant documents.
The complainant is to first prove that he is the consumer under the OPs bank as per Section 2(1)(d) of Consumer Protection Act, 1986. It is admitted that the complainant holds salary account being No. 3204001300002654 in the bank of Punjab National Bank and also holds ATM card being No. 5126520154227487 issued by OPs bank. In such consequence, the OPs bank both are service providers as per Consumer Protection Act, 1986. So the complainant is to be treated as consumer as per Section 2(1)(d)(ii) of the Consumer Protection Act, 1986. Thus the point No. 1 is decided.
Point Nos. 2 &3:
In argument the OPs bank argued that the complainant operated the ATM of OP and withdrew cash of Rs. 15,000/- on 01.03.2013 and the complainant successfully withdrew the said amount the self same date i.e., 01.03.2013 the complainant also withdrew of Rs. 5000/- through cheque. So it is admitted that the complainant went to ATM kiosk on 01.03.2013. Now the question comes in this situation whether the complainant has got the cash amount or not. It appears from the bank pass book that the salary of Rs. 20,250/- was credited on 01.03.2013. The complainant withdrew Rs. 15,000/- through ATM on 01.03.2013 and by cheque bearing No. 73233 he also withdrew Rs. 5000/- on the self same date i.e., on 01.03.2013. So the said document speaks of the above facts. Now at this position a fine question comes to our mind whether the complainant actually or truly received the money from ATM kiosk or not and why the complainant has prayed for CCTV footage. Now we try to make post-mortem the above fact as the matter more or less is related with the principal of res ipso loquitor with means the thing speaks for itself. It is admitted that the complainant lodged a complaint before the OPs bank on 06.03.2013 regarding this event so it is clear that the OPs bank was fully aware regarding the allegation brought by the complainant and the CCTV footage is only the evidence by which actual truth comes out. It is fact that the CCTV footage is to be preserved by the OPs bank for any inquiry. So it reveals that after receiving the complaint the OPs bank did not take care to preserve the video footage. The OPs bank at this stage took the plea that the system was destroyed but it is clear that on 06.03.2013 the video footage was still existed. So why the OPs bank did not take proper steps to preserve the CCTV footage after receiving the complaint dtd. 06.03.2013. They did not feel any necessity to preserve the CCTV footage. Had the machine displayed the image truth would have come out whether the complainant received the cash amount of Rs. 15,000/- or not. In this regard it is our view that the OPs bank are trying to avoid their responsibility to discover the truth by preserving the CCTV footage. All the circumstances lead the Forum to believe that the OPs bank does not want to discover the actual truth and they are not eager to care for the claim of the complainant for displaying the CCTV footage. All such activities amount to deficiency in service on the part of OPs bank as defined under Section 2(1)(g) and (o) of the Consumer Protection Act, 1986.
Under such circumstances we come to conclusion that the complainant suffers from mental pain, agony and harassment and thereby the complainant is only entitled to get compensation of Rs. 10,000/- from OPs bank.
So the case succeeds.
Hence,
Ordered,
That the case CC/2013/123 be and the same is allowed on contest against OPs bank with cost of Rs. 2000/-.
That the OPs bank are hereby directed to pay Rs. 10,000/- as compensation plus Rs. 2,000/- as cost i.e., total of Rs. 12,000/- to the complainant within 30 days from the date of order, i.d., interest @ 10 % p.a. shall be charged upon the awarded amount till the final payment.
Let the copy of this order be supplied to the parties free of cost.
