Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.11.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite parties:-
- To direct the opposite party to pay Rs. 10,000/- ( Rs. Ten Thousand only ) along with 14% interest.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 2,000/- ( Rs. Two Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he is consumer of opposite party and has taken ATM Card from the opposite party on 26.02.2012. The grievance of the complainant is that on 26.02.2012 the complainant could not get Rs. 10,000/- due to fault of the ATM but the aforesaid amount was deducted from his account. It is further case of the complainant that despite his demand the opposite party did not provided actual figure/picture of the date of accident i.e. 26.02.2012. The opposite party had not given an opportunity to the complainant to verify day to day report/copy filed/submitted by the concerned officer of the Bank after submission of the ATM.
On behalf of opposite party a written statement has been filed stating therein that the complainant has got no cause of action. It has been further admitted by opposite party that complainant is consumer of opposite party and he was allotted ATM card but the statement shows that complainant had used his ATM Card on 26.02.2013 and received Rs. 10,000/-.
In Para – 6 of written statement the following facts have been asserted by the opposite party, “ that the statement contained in Para – 4 of the complaint are entirely wrong and false. There is no any loss of the complaint when the complaint filed an application to the opposite party, the opposite party sent to massage to higher authority and after investigation by the higher authority and NFS PRE – ARBITRATION that the transaction on 26.02.2013 was successfully and the complaint had received the amount and there is no latches of the opposite party and other forum so there is no any loss or injury of the complaint.”
On behalf of opposite party certain documents have been filed with written statement which has been marked as page 1 of 3, 2 of 3 and 3 of 3 from perusal of which it appears that the transaction was successful.
-
In the complaint petition the complainant has stated that he could not get Rs. 10,000/- due to fault of ATM on 26.02.2012 but from annexure – 1 it appears that on 26.02.2013 he received only Rs. 2,500/- from the ATM and annexure – 1 has been filed on 05.03.2013. Annexure – 1 also shows that there was transaction on 26.02.2013.
From perusal of opposite party written statement it appears that the aforesaid transaction was not on 26.02.2012 but 26.02.2013.
The opposite party has denied the allegation of the complainant on affidavit and had submitted documents with written statement which shows that transaction was successful.
No rejoinder has been filed on behalf of complainant with documentary evidence to show that the aforesaid assertion of the opposite party in Para – 4 & 5 of the written statement is not trust worthy and false.
In the aforesaid circumstances we have no option but to rely on the fact asserted in written statement as well as the documents submitted with it.
For the discussion made above this complaint has no merit and as such this complaint stands dismissed but without cost.
Member President
