IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/48/2022.
Date of Filing: Date of Admission: Date of Disposal: 16.06.22 29.06.22 08.12.23
Complainant: Debjani Das
C/o Ashoke Kr. Das
39/1, Alef Khan Mahalla Road,
Gorabazar, Babupara,
PO&PS-Berhampore
Dist-Murshidabad, Pin-742101
-Vs-
Opposite Party: Branch Manager, IDBI Bank Ltd.
Berhampore Shopping Plaza
34, S.N. Bhattacharya Road,
PO&PS-Berhampore,
Dist-Murshidabad
Pin-742101
Agent/Advocate for the Complainant : Self
Agent/Advocate for the Opposite Parties : Saugata Biswas.
Present: Sri Ajay Kumar Das………………………….......President.
Sri. Nityananda Roy……………………………….Member.
FINAL ORDER
Sri.ajay kumar das, presiding member.
This is a complaint under section 12 of the CP Act, 1986.
One Debjani Das (here in after referred to as the Complainant) filed the case against Branch Manager, IDBI Bank Ltd. (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The material facts giving rise to file the complaint are that:-
The Complainant is a consumer of the Opposite party IDBI Bank limited of Berhampore Branch, Dist Murshidabad, West Bengal. Her saving bank A/C No. is 0257104000675536 and her customer ID No. Is 98045716. That on receiving the Banks statement of her said S.B. A/C from the OP Bank and her updated pass book on 03.03.2022 the complainant came to learn that on 20.09.2021 she made three transactions for withdrawing Rupees Ten thousand (Rs.10,000/-) by using her debit card from the ATM machine located at 10, Dr. R.K. Sarani Murshidabad, WB.
The Complainant did not get any money from those transactions made by her on 20.09.2021 but Rupees (10,000/-+ 10,000/-+ 10,000/-)= Rupees thirty thousands in total were debited from her said SB A/C and only Rupees ten thousand was credited in her said account by the OP Bank on 20.09.2021 out of rupees thirty thousand. It is to be mentioned here that as per Bank’s norms no consumer debit card holder can withdraw more than Rupees twenty thousands in a day by using debit card from ATM.
The complainant visited the OP Bank several times prior to 03.03.2022 to update her SBI account pass book but she could not succeed due to link failure and other related machinery problems of the bank.
The complainant states further that neither any message was sent to her registered mobile phone nor any paper slip was issued from the ATM machine on 20.09.2021regarding the said three transactions dated 20.09.21.
On 11.03.2021 the complainant reported the entire matter to the OP in writing requesting him to look into the matter and to credit rupees twenty thousand in her said S.B. A/C as early as possible enclosing filed up debit card dispute resolution form and the copy of her account statement but no positive step has yet been taken by the OP Bank for crediting rupees twenty thousand in her SB Account. From the copies of dispute tracking system issued by the Bank on 30.03.2022 and on 03.05.2022 the Complainant came to learn that OP bank has neither intimated about the progress of the matter to the complainant nor credited rupees twenty thousand in the account of the complainant.
The complainant has suffered a loss of rupees twenty thousand for not crediting the said amount in her account by the OP and that such act of sheer negligence of the OP caused physical loss and metal injury to the complainant.
Cause of action of filing this case arose on and from 20.09.2021 and continuing till date.
In view of the aforesaid facts and circumstances it is crystal clear that the OP Bank is liable for deficiency of service for not crediting rupees twenty thousand in the said savings bank account of the Complainant as per provision of C.P. Act, 2019.
The Complainant prays for direction upon the OP to credit Rs. 20,000/- to her said S.B. Account with accrued interest thereon from 20.09.21 and to pay her compensation for Bank’s deficiency of service to the tune of Rs. 5,000/- for harassment and mental agony and to pay Rs. 5,000/- as litigation cost and to give other relief as the Commission deems fit and proper.
OPs are contesting the case by filing written version contesting inter alia that the case is not maintainable and the case is barred by law of limitation. The Complainant came to learn on 03.03.22 that she did transaction on 20.09.21 for withdrawn of Rs. 10,000/- is not true. In this regard the OP submits that actually the Complainant on 20.09.21 put the ATM debit card into the ATM machine by punching simultaneously. She punched for 3 times.
On 20.09.21, the Complainant punched the ATM card at 13.51.21 Hrs and pressed the pin number of the card of the Complainant in the ATM machine. But due to link failure or any other reason the said amount of Rs. 10,000/- didn’t disburse from the machine. But just after at 13.51.33 Hrs the said amount had been reversed back to the Complainant’s account.
Thereafter, Complainant on that date ie 20.09.21 again punched the ATM Card and pressed the Pin number at about 14.01.00 Hrs and she received the said amount ie Rs. 10,000/- and the balance of the said account came down from Rs. 74,488/- to Rs. 64,488/-. And the Complainant on that date at about 14.03.00 Hrs again punched the said debit card and pressed the pin number and she received Rs. 10,000/-. And as a result the balance came down to Rs. 54,488/-. That means on that date the Complainant got Rs. 20,000/-. The transaction made at 14.01.00 Hrs and 14.03.00 Hrs have successfully made. But the Complainant has wrongly stated in the petition that she got only Rs. 10,000/- in not true at all.
On the basis of the complaint and the written versions the following points are framed for proper adjudication of the case :
Points for decision
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 to get any relief, as prayed for?
Decision with Reasons:
Point No. 1
The Complainant submitted before this Commission at the time of hearing argument that she is a consumer under the provisions of the Consumer Protection Act, 2019. On this point Ld. Advocate for the OP submitted that he has nothing to say about the matter. Keeping in mind the submissions advanced by the parties and considering the facts and circumstances of the case we are of the view that the Complainant is a consumer under the Consumer Protection Act, 2019. The point No. 1 is thus decided in favour of the Complainant.
Point Nos. 2&3
Both the points are taken up together for the sake of convenience and brevity of discussion. Ld. Advocate for the Complainant submitted that the Complainant did not get any money from those 3 transactions made by her on 20.09.2021 but Rupees (10,000/-+ 10,000/-+ 10,000/-)= Rupees thirty thousands in total were debited from her said SB A/C and only Rupees ten thousand was credited in her said account by the OP Bank on 20.09.2021 out of rupees thirty thousand. He further submitted that as per Bank’s norms no consumer debit card holder can withdraw more than Rupees twenty thousands in a day by using debit card from ATM.
The complainant visited the OP Bank several times prior to 03.03.2022 to update her SBI account pass book but she could not succeed due to link failure and other related machinery problems of the bank.
The complainant stated further that neither any message was sent to her registered mobile phone nor any paper slip was issued from the ATM machine on 20.09.2021regarding the said three transactions dated 20.09.21.
On 11.03.2021 the complainant reported the entire matter to the OP in writing requesting him to look into the matter and to credit rupees twenty thousand in her said S.B. A/C as early as possible. She also filed filled up debit card dispute resolution form and the copy of her account statement before the OP Bank but no positive step has yet been taken by the OP Bank for crediting rupees twenty thousand in her SB Account. From the copies of dispute tracking system issued by the Bank on 30.03.2022 and on 03.05.2022 the Complainant came to learn that OP bank has neither intimated about the progress of the matter to the complainant nor credited rupees twenty thousand in the account of the complainant.
The complainant has suffered a loss of rupees twenty thousand for not crediting the said amount in her account by the OP and that such act of sheer negligence of the OP caused physical loss and metal injury to the complainant.
Ld. Advocate for the OP submitted that on 20.09.21, the Complainant punched the ATM card at 13.51.21 Hrs and pressed the pin number of the card of the Complainant in the ATM machine. But due to link failure or any other reason the said amount of Rs. 10,000/- was not disbursed from the machine. But just after at 13.51.33 Hrs the said amount had been reversed back to the Complainant’s account.
Thereafter, Complainant on that date i.e. 20.09.21 again punched the ATM Card and pressed the Pin number at about 14.01.00 Hrs and she received the said amount ie Rs. 10,000/- and the balance of the said account came down from Rs. 74,488/- to Rs. 64,488/-. And the Complainant on that date at about 14.03.00 Hrs again punched the said debit card and pressed the pin number and she received Rs. 10,000/-. And as a result the balance came down to Rs. 54,488/-. That means on that date the Complainant got Rs. 20,000/-. The transaction made at 14.01.00 Hrs and 14.03.00 Hrs have successfully made. But the Complainant has wrongly stated in the petition that she got only Rs. 10,000/- in not true at all.
It is the case of the Complainant that he punched the ATM Card on 20.09.21 for withdrawing Rs. 10,000/-. But she didn’t get the said amount of money. As a result she again punched the said ATM Card second time for withdrawing Rs. 10,000/-. But she didn’t get the said amount of money. As a result she again punched the said ATM Card third time for withdrawing Rs. 10,000/-. But she didn’t get the said amount of money. She came to know about the matter on 03.03.22 for the first time when she got her pass book updated. Here we find that the Complainant is trying to establish her case on the basis of the updated pass book dated 03.03.22. It is a matter of regret that the Ld. Advocate for the OP is trying to rebut the case of the Complainant on the basis of the said updated pass book.
The interesting point to be noted is that both the parties are relying on the same entry of the pass book. Such being the position best evidence such as CCTV footage of the ATM machine or any other valid documents ought to be produced by the OP Bank. But the OP Bank never tried to produce the CCTV footage to disprove the case of the Complainant.
It would not be out of place to mention here that the OP filed written version which was not supported by affidavit. The OP did not file evidence in support of their defence case. Such being the position, the OP Bank has failed to contest the case of the Complainant by any cogent evidence.
Considering the facts and circumstances of the case, we are of the view that the Complainant is entitled to the relief as prayed for except the claim for litigation cost particularly when we find that the Complainant did not engage any lawyer in this case.
Reasons for delay
The Case was filed on 16.06.22 and admitted on 29.06.22. This Commission 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 orders.
In the result, the Consumer case is allowed.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/48/2022 be and the same is allowed on contest against the OP without litigation costs.
The OP is directed to credit Rs. 20,000/- to the Complainant’s S.B. Account plus accrued interest thereon within 60 days from the date of this order.
. The OP is further directed to pay compensation of Rs. 5,000/- to the Complainant as mental pain and agony within 60 days from the date of this order.
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.
President
Member President.
