IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

             CASE No.  CC/162/2017.

 Date of Filing:                    Date of Admission:                Date of Disposal:

     18.09.17                                      25.09.17                                  10/7 /2019

Complainant: Maidul Haque

S/o Late Fazle Rabbi

Vill-Altabartala, Near B.D.O Office

PO&PS-Bhagwangola

Dist-Murshidabad

Pin-742135

-Vs-

Opposite Party: Branch Manager

Bangiya Gramin Vikash Bank

Kalukhali Branch

VIll+PO+PS- Bhagwangola

Dist-Murshidabad

Pin-742135

Agent/Advocate for the Complainant            : In Person.

Agent/Advocate for the Opposite Party         : Sri. Subhanjan Sengupta.

                       Present:   Sri Asish  Kumar Senapati………………….......President.                              

                                          Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

 Smt. Aloka Bandyopadhyay, Member.

  This is a complaint under section 12 of the CP Act, 1986.

            One Maidul Haque (here in after referred to as the Complainant) filed the case against Branch Manager, Bangiya Gramin Vikash Bank, Kalukhali Branch (here in after referred to as the OP) praying for compensation alleging deficiency in service.

 The sum and substance of the complaint case is as follows:-

            The Complainant has withdraw money through ATM using the ATM  of State Bank of India located at village Jalibagicha, PO-Bhgwangola, Dist-Murshidabad on 28.11.16 two times and 03.12.16 and 14.12.16 amounting Rs.2,000/- on each day totaling of Rs.8,000/- using the ATM card issued by the Bangiya Gramin Vikash Bank, Kolukhali Branch (OP) but no amount was actually received by the Complainant from the said ATM and no SMS also has been received by him in this regard. Later on at the time of updating of pass book, the Complainant came to know that Rs.8,000/- was debited from his account in different dates though the complainant has not received any amount by using ATM of the S.B.I. . On detecting the said debit, the Complainant made a complaint before the Branch Manager of the O.P bank stating his grievence.he O.P but the Branch Manager has not fixed the matter and denied the fact totally. The Complainant finding no other alternative filed the instant case before this Forum for appropriate relief.

            After service of the notice, the OP appeared before this Forum, contending, inter alia that the case is not maintainable as it is totally false. On getting the information of the failure transaction, this OP contacted with the ATM cell of State Bank of India, Belapore, Navi, Mumbai for the necessary arrangement in this respect and due to un-responsive attitude of the concerned State Bank the complaint remains un-resolved by this OP. As such there is no deficiency in service on the part of OP and the case in liable to be dismissed.

         On the basis of the above version the following points are framed for proper adjudication of the case :

Points for consideration

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?3.Is the complainant entitled for relief as prayed for?

Decision with Reason

All the points are taken up together for consideration for the sake of convenience and brevity. 

Undoubtedly, the Complainant is a customer of the OP Bank, and the OP Bank issued ATM card to the Complainant as such the Complainant become consumer of the OP Bank.

 As per petition of complainant on 28.11.16 two times and 03.12.16 and 14.12.16, the Complainant attempted to withdraw the amount of Rs.2,000/- in each occasion amounting Rs.8,000/- from his savings bank account lying with the O.P Bank. It is evident from the pass book that Rs.2,000/- in the aforesaid each occasion was debited from the account of the Complainant lying with the Bank of OP (vide annex-1) . As per the statement of the Complainant, the Complainant has received not a single penny in those occasion and neither he received SMS in his mobile nor he received ATM slip for  that period  but at the time of updating the pass book the Complainant came to know about the debit of his money and informed the said matter to the OP. But the matter was not resolved.          

The OP in the written statement stated that while using the ATM card to withdraw the aforesaid amount in each dates, the Complainant used the ATM of State Bank of India ATM ID, IFBN000098020 located at Village Jalibagicha, PO-Bhagwangola, Dist-Murshidabad . But according to the Complainant all the aforesaid transaction has been failed. After getting complaint from Complainant, the OP immediately informed the incident to the ATM cell of the ADC Branch which is designated office of the Bank to deal such case and the Senior Manager of the ADC Branch lodged a complaint on 05.08.17 to the Chief Manager, State Bank of India, Belapore, Navi, Mumbai regarding failure of transaction and asked urgent resolve of this case but  State Bank of India did not pay any heed to it.

The Ld. Advocate for the OP at the time of argument stated  that as per section 2 (1)(g) of the Consumer Protection Act, 1986 ‘deficiency’ which means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. In this case there is no such deficiency on the part of this Opposite Party rather this O.P tried for resolve the problem of the complainant.

            Considering the facts and circumstances and documents filed by both parties and argument advanced by the Complainant and Ld. Advocate for the OP, we are of the opinion that the OP Bank has taken the proper steps after getting the complaint. So, there is no deficiency in service on the part of the OP. The OP became unable to solve the matter as the State Bank Belapore Branch had not sent any reply of the complaint of the O.P. In our view , the State Bank of India, Belapore, Navi, Mumbai, could say whether there was actually any excess cash in the ATM of the State Bank of India, Vill- Jalibagicha, PO- Bhagwangola, Dist-Murshidabad on 28.11.16,03.12.16, and 14.12.16. The complainant has not even asserted on which date he came to know for the first time about false withdrawal of  Rs.8,000/- from his account. The complainant has not even stated why he did not lodge the complaint with the O.P. on 15.12.16  after withdrawing Rs.2,000/- through ATM.

            If the  State Bank of India, Belapore, Navi, Mumbai  was a party, it might answer on the point whether there was actually any excess cash in the ATM of the State Bank of India, Vill- Jalibagicha, PO- Bhagwangola, Dist-Murshidabad on 28.11.16,03.12.16, and 14.12.16.

  Considering the facts and circumstance and on going through the materials on record, we are of the view that the complainant has failed to establish any deficiency in service on the part of the O.P. and the Complainant is not entitled to get any relief in this case.

Reasons for delay

The Case was filed on 18.09.17 and admitted on 25.09.17. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order.

In the result, the Consumer case fails.

Fees paid are correct. Hence, it is

Ordered

that the complaint Case No.CC/162/2017 be and the same is hereby dismissed on contest against the OP but without cost.

Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

          Member

  Member                                                                                                   President.