Jharkhand

Bokaro

CC/119/2022

Chandan Kumar Shayandilya - Complainant(s)

Versus

Branch Manager, Bank of India - Opp.Party(s)

R.K. Choudhery

09 Sep 2023

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-13-07-2022

Date of final hearing-09-09-2023

 Date of Order-09-09-2023

Case No. 119/2022

Chandan Kumar Shayandilya S/o Late J.B. Singh

R/o Sector-4/A, Qr.No. 2068, P.O. and P.S.- Sector-4,

 District- Bokaro, Jharkhand

                                      Vrs.

Branch Manager, Bank of India, Xavier’s School,

Branch Sector-1, District- Bokaro, Jharkhand

Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Sr.Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s case in brief is that on 07.08.2021 he operated ATM Machine at Deoghar through ATM Card for withdrawal of Rs. 3,000/- which was not disbursed but his account has been debited. Further case is that immediately he made complaint to Bank of India Deoghar as well as Bokaro Branch who informed that payment has already been made. Further case is that inspite of written complaint and request matter was not solved nor CCTV Footage of relevant period has been provided. Hence this case has been filed with prayer to direct the O.P. Bank of India to pay Rs. 3,000/- with interest and also to pay Rs. 1,00,000/- as compensation.
2. W.S. has been filed mentioning therein that as per record transaction is successful and account has been rightly debited as per transaction. Hence case is liable to be dismissed.
3. Point for determination is whether complainant is entitled to get relief as prayed ?
4. On perusal of the case record it appears that fact related to account of the complainant in the Bank of India, St. Xaviers School, Sector 1, B.S.City, Bokaro branch, operation of ATM at Deoghar for withdrawal of Rs. 3000/- as well as the debit of Rs. 3000/- from the account of the complainant are admitted facts of both the parties.
5. Complainant has lodged complain before the O.P. regarding nonpayment and its photo copy is Annexure-A, Annexure-B is photo copy of information supplied by the Bank to the complainant shows that at concerned ATM CCTV Camera was not functional and transaction related to withdrawal of Rs. 3000/- is successful, Annexure-C is photo copy of  the application of the complainant dt. 31.08.2021, Annexure-D is photo copy of complaint made to Ombudsman, Annexure-E is photo copy of legal notice, Annexure-F and F/1 are application dt. 12.11.2021 and 03.03.2022 written by the complainant and Annexure-G is  photo copy of page 2 of  A/c statement of the account of the complainant showing that on relevant date Rs. 3000/- has been withdrawn from that very account.
6. On careful perusal of the documents produced by both the parties it is very much evident that all papers are proving that on the relevant date complainant has operated ATM Machine at Deoghar for withdrawal of Rs. 3000/- and said transaction was successful accordingly account of the complainant has been debited on same time. Contrary to it there is no any material evidence on record to show that payment of said amount has not been made to the complainant.
7. In light of above discussion we are of the view that complainant has failed to prove his case for grant of relief as prayed. Accordingly this case is being dismissed with cost.

 

Sd/-

(J.P.N. Pandey)

                                                                                      President

 

Sd/-

(B.P.L Das)

   Sr. Member

                                                                            

                   Sd/-

                                                                               (Baby Kumari)

                                                                                       Member