ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking the following reliefs:
“Direct the opposite party to deposit the amount of Rs.10,000/- in the account of the complainant and pay a sum of Rs.10,000/- towards mental agony and suffering and also award sum of Rs.5,000/- to the complainant towards litigation expenses”.
The brief fact of the case is that, the complainant has one S.B. Account bearing No.137410100085390 in the opposite party bank and the complainant also availed the ATM facility. On dt.10.10.2019 the complainant in order to meet his urgent need went to the ATM of Axis Bank, Jagatsinghpur and draw a sum of Rs.10,000/- but failed to receive the amount as per demand made by the complainant. The complainant immediately rushed to the opposite party bank and informed the matter and request for enquiry and on enquiry the opposite party informed that sum of Rs.10,000/- has been deducted from the S.B. Account of the complainant. As per information the complainant put forth a complaint before the opposite party and the opposite party assured that after due enquiry the amount will be adjusted in his account and there after the complainant rushed to the bank several time and the opposite party assured the complainant that the enquiry will be done on the basis of C.C footage but till date no action has been made by the opposite party and the amount has not been debited to the account. For the last time on dt.20.01.2020 the complainant rushed to the opposite party and requested to inform about the enquiry but the opposite party replied that they are unable to receive the C.C. footage as yet, hence he is unable to do anything and advised the complainant to take shelter in the court of law. The opposite party by practicing unfair trade practice has not render proper service to the complainant as per the bank guideline. When the complainant in spite of his best effort failed to receive the sum of Rs.10,000/- from the ATM and the complainant informed the matter to the opposite party and the opposite party assured the complainant for enquiry and debit the amount credited from his account on dt.10.10.2019 but at last on dt.20.012020 refused to do anything and advised to complainant to file case in the court.
Notice was issued 07.3.2020 by registered post to opposite party but the opposite party did not appear and was set ex-parte on 25.5.2022.
It is settle of law Hon’ble National Commission that the ATM service is not coming within purview of the Consumer Protection Act as such this consumer complaint is dismissed without any cost and liberty is given to complainant to approach appropriate Forum for redressal of his grievance.
Pronounced in the open Commission on this 16th Dec.,2022.
