ORDER

(Passed on 23/08/2018)

PER SHRI.ATUL D.ALSI, PRESIDENT.

1.       The complainant has filed this complaint U/s 12 of the Consumer Protection Act,1986 against deficiency in service and illegal withdrawal from Saving Accounts of the complainant and thereby seeking refund of money with interest and further claiming compensation of Rs.25,000/- towards mental torture and Rs.10,000/- towards cost of proceeding.          

2.       The facts in short giving rise to this petition are that the complainant is a Stenographer at District Consumer Forum, Gadchiroli. The complainant is having two Saving Bank Accounts one with OP No.1 bearing No.10640918541 and another with OP No.2 bearing No.32264017733.  On 19/9/2014 an amount of Rs.1931.32 was balance in the account bearing No. 32264017733 as per mobile message.  However, on the same day the complainant received another mobile message that Rs.2638/- have been debited from his saving account. After enquiry with the OP No.2,  the complainant came to know that the OP No.1, without any knowledge and information to the complainant, has opened one another account bearing No.31545186427 as over draft account and withdrawn Rs.2000/- on 11/6/2013 and also withdrawn Rs.2638/- from his S/b account No. 32264017733. On 26/9/2014 the complainant submitted an application for re transfer of the illegally diverted amount of Rs.2000/- and Rs.2638/-.  He further issued legal notice to the OPs on 14/10/2014  by speed post praying for re credit of these amounts, but  the OPs failed to comply. The action on the part of OPs amounts to deficiency in service. Therefore the complainant has filed this complaint.

3.       The complaint is admitted and notices were served to the OPs. The OP No.1 and 2 filed their reply and thereby denied allegations against them and submitted that the complainant had withdrawn an amount of Rs.3000/- on 8/10/2008 by using his ATM card from ATM outlet No.S1AN00029801 and accordingly debit entry of Rs.3000/- was recorded in his account. However as per the initial report received by the bank, the complainant did not receive the withdrawal amount of Rs.3000/- from the machine and hence, the amount of Rs.3000/- was re credited in his account. However, after detailed enquiry, it was revealed that the complainant had actually received the amount of Rs.3000/- from the machine. This fact is confirmed as per BGL report dated 8/10/2008 that the complainant had actually received the amount of Rs.3000/- from the machine. Therefore, on 24/1/2009 the amount of Rs.3000/- was again debited from his account. For the recovery of the amount, the bank also opened an Over Draft account bearing No. No.3154518627 in the name of complainant. The complainant, after several requests and reminders failed to repay the excess withdrawal amount  of Rs.3000/-. Therefore, as per banking regulations, the interest for the unpaid period has been charged and  an amount of Rs.2000/- was recovered from his S/b account No.10640918541  on 11/6/2013 and the OP further recovered Rs.2638/- from his S/b account bearing No. 32264017733 on 19/9/2014. Therefore, a total amount of Rs.4,638/- has been recovered against excess payment of Rs.3000/- with interest as per banking rules and there is no deficiency in service on the part of OPs . The complainant is trying to take undue advantage of the wrong entry made by the bank. Therefore the petition deserves to be dismissed with cost.

4.       Counsel for the complainant argued that the dispute in respect of S/b account bearing No. 10640918541 was settled between the complainant and bank on 23/10/2008 and 24/1/2009. Howeved, inspite of settlement, the OP raised same dispute after 4 years and 11 months by unauthorizedly deducting Rs.2000/- and Rs.2638/- from the complainant’s saving account on 11/6/2013. The OP failed to file log book, service report to prove the allegations leveled against the complainant for the transactions dated 18/10/2008, 23/10/2008,6/1/2009 and 24/1/2009. Therefore the services rendered by the OP are deficient services and hence prayed for compensation.

5.         Counsel for the OPs argued that the complaint is barred by limitation. The excess amount withdrawn by the complainant had been recovered by the OPs by opening over draft account. This recovery was effected only after the complainant refused to repay the excess withdrawn amount as per record of logbook and statement from the ATM machine. The amount is recovered as per Banking Regulations Act. The amount recovered is the public money. Therefore the petition deserves to be dismissed.

6. We have gone through the complaint, written versions filed by OP No.1 and 2 , affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.

                    Points                                                                                     Finding

1.  Whether the complainant is a Consumer ?                                     Yes

2.  Whether  there is deficiency in services on the

     Part of OPs. ?                                                                                   No

3.  What order ?                                                                     As per final order..

REASONING

As to issue No.1

7.      The complainant has filed on record the passbooks of the saving bank account he is holding with OP No.1 bearing No.10640918541 and another with OP No.2  bearing No.32264017733. The OP Nos.1 & 2 also have admitted his status as their Consumer and as such the the issue No.1 is decided accordingly.

As to issue No.2

8.        The complainant had withdrawn an amount of Rs.3000/- on 8/10/2008 by using his ATM card from ATM outlet No.S1AN00029801 and accordingly his account automatically recorded a debit entry of Rs.3000/-. However as per the initial report received by the bank, the complainant did not receive the withdrawal amount of Rs.3000/- from the machine and hence, the amount of Rs.3000/- was recredited to his account. However, after detailed enquiry, it was revealed that the complainant had actually received the amount of Rs.3000/- from the machine. Therefore, on 24/1/2009 the amount of Rs.3000/- was again debited from his account.  But the complainant, after several requests and reminders failed to repay the excess withdrawal amount  of Rs.3000/-. Hence for the recovery of the amount, the bank opened an Over Draft account bearing No. No.3154518627 in the name of complainant as per the provisions of Banking Regulations.  As per banking regulations, the interest for the unpaid period has been charged and  an amount of Rs.2000/- was recovered from his S/b account No.10640918541  on 11/6/2013 and further recovered Rs.2638/- from his S/b account bearing No. 32264017733 on 19/9/2014. As such, a total amount of Rs.4,638/- has been recovered against excess payment of Rs.3000/- with interest as per banking rules and this fact was communicated to the complainant. There is no deficiency in service on the part of OPs in recovering  the excess amount withdrawn by the complainant . Therefore the complaint has no merits and it deserves to be dismissed.  Hence the order..

Final order

1.       The Complaint is dismissed without cost.

2.       Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President