J  U  D  G  M  E  N  T

                     The Complainant has filed this case alleging deficiency-in-service by O.Ps, where O.P No.1 is Branch Manager, Punjab National Bank, Grand Road, Puri & O.P No.2 is the Branch Manager, Punjab National Bank, O.T Road, Balasore.

                     The Complainant’s case, in brief, is that the Complainant, who is prosecuting her study in Ph.D. in Shree Jagannath Sanskrit University, Puri had opened a S.B account bearing No.3224000100083612 at O.P No.1-Bank Branch On 14.08.2013 & was issued Pass book, Cheque book, ATM Card & continued the operation as usual. The Complainant, while residing in the house of one Sanjay Kumar Barik of Sahadevkhunta, Balasore, some unknown culprits committed theft of her money bag around 4.00 P.M on 22.08.2014 in which she had kept her Voter Identity Card, PAN Card, ATM Card, Goggles, Mobile SIM Card, cash around Rs.700/- & some valuable chits of documents which was kept on the table where there was Computer & other study materials.

                     At about 4.00 P.M on 22.08.2014, the Complainant searched for the money bag, but it was not available. The Complainant informed to the Customer Care Tool Free Number-18001802222 at 4.40 P.M on the same day in order to block the ATM Card & to prevent any kind of pilferage & information received that ATM has been blocked vide complaint No.A002168077 at 4.48 P.M on the very day i.e. 22.08.2014 & also communicated balance confirmation of Rs.25,114.60/- (Rupees Twenty five thousand one hundred fourteen & sixty paisa) only. Hence, the Complainant was satisfied.

                     The Complainant had received a message in her mobile No.9439005136 about debit from her account i.e. Rs.5,000/- at 5.42 P.M, Rs.10,000/- at 5.43 P.M & Rs.10,000/- at 5.44 P.M. A sum of Rs.25,000/- (Rupees Twenty five thousand) only was debited from her account for which she was perturbed & mentally shocked & the Complainant rushed to nearest Sahadevkhunta Police Station & lodged the information & requested for prompt investigation of the case & the Officer-in-charge available at the Police Station made Station Diary entry vide P.S SDE No.568, dt.22.08.2014, which is explanatory & assumed for proper enquiry & to obtain footage from the actual counter for her identification. But no F.I.R was registered in the case, however enquiry was made & the O.P No.2 was moved to provide CCTV footage of the alleged ATM scam which is not yet complied by the O.Ps so as to deliberately delaying the process of service & neglecting the case to deceive the Complainant ignoring their legitimate duties thereby the Complainant being a Ph.D. student studying at Shree Jagannath Sanskrit Viswa Bidyalaya, Puri for which she is mentally, physically & financially put to severe stress & strain and mental agony over & above the Complainant faced severe hardship financially, mentally & physically due to the utter negligence of the O.Ps, which amounts deficiency of service.

                     That, the O.Ps have not complied with the Complainant’s request to make good her loss & prayed for compensation towards mental agony, litigation cost in addition to compensate the actual loss sustained by the Complainant through ATM transaction.

                     In support of the case, the following Annexures are filed:-

ANNEXURES:-  

1.  Xerox copy of Pass book A/c No.3224000100083612 with update entries.

2.  Copy of written Report addressed to IIC, Sahadevkhunta P.S by the

     Complainant dt.22.08.2014.

3.  Copy of complain letter to O.P No.1 dt.22.08.2014.

4.  Copy of Reminder dt.12.09.2014.    

                     Written argument filed by the Complainant through her Advocate on 15.09.2015 that the Complainant lodged complaint at Sahadevkhunta Police Station who made Station Diary Entry No.568, dt.22.08.2014 & continued enquiry & informed PNB, Puri & Balasore branch (O.P No.1 & 2) vide their letter No.2127 & 2126, dt.24.09.2014 and thereafter she was returned back her lost money Rs.25,000/- (Rupees Twenty five thousand) only on 28.11.2014, hence prayed for compensation.

                     The O.Ps neither remained present nor filed their written version. Hence, the O.Ps are set ex-parte on 27.07.2015. 

                     Having heard the Ld. Counsel for the Complainant by the Forum & upon perusal of materials available on record, it is noticed that the O.Ps have made good the loss of Rs.25,000/- (Rupees Twenty five thousand) only on 28.11.2014 to the Complainant. Here, date of disputed withdrawal through ATM is 22.08.2014. The Officer-in-charge, Sahadevkhunta Police Station has intimated to O.P No.1 & 2 on 24.09.2014 regarding the disputed matter. Hence, the Order:-   

                                                                                                          O R D E R

                     In the aforesaid case after observing all the documents, the O.P No.1 is directed to pay a sum of Rs.1,500/- (Rupees One thousand & five hundred) only towards compensation for mental agony & litigation cost. The O.P No.1 is further directed to make payment to the Complainant within 30 days on receipt of this order.

                     Pronounced in the Open Forum this day the 22nd day of June, 2016 given under my Signature & Seal of the Forum.