| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 9 of 2013 Sri Sudip Kumar Bhattacharjee ………………………………….. Complainant. -V/S- 1. The Branch Manager, State Bank of India, New Silchar Branch, Rangirkhari, Silchar, P.O. & P.S- Silchar ……………………………………… O.P. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Mrs. Chandana Purkayastha, Member, District Consumer Forum, Cachar, Silchar. Shri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared :- Mr. Amith Rajan Das, Advocate for the complainant. Mr. Sibdas Dutta, Advocate for the O.P. Date of Evidence……………………….. 09-07-2013 Date of written argument……………… 19-02-2016, 01-09-2017 Date of oral argument………………….. 07-11-2017 Date of judgment………………………. 23-11-2017 JUDGMENT AND ORDER Sri Bishnu Debnath, - The Complainant Sri Sudip Kumar Bhattcharjee brought this complaint against the Branch Manager, SBI New Silchar Branch, for award of compensation for disservice and order of refund of Rs.10,000/- because he did not get cash of the said amount of Rs.10,000/- from ATM, of ICICI Bank, Tarapur. The said complaint brought under the provision of Consumer Protection Act 1986. He stated that he is Consumer of the SBI, New Silchar Branch. He has ATM facility with his SB A/C No.30051774641. On 12/05/2012 he tried to withdraw Rs.10,000/- from ATM of ICICI Bank, Tarapur, Silchar. He used his ATM Card No.6220180592200053425 but without presenting cash by that ATM machine, Rs.10,000/- has been debited from his SB A/C aforesaid. Accordingly, he lodged complaint on 12/06/2012 and on 2 (Two) more subsequent occasions but his amount has not been refunded. Hence, he brought the instant complaint.
- The SBI, New Silchar Branch on receiving notice submitted W/S. In the W/S stated inter alia that as per Complaint Management System (CMS) the disputed amount of Rs.10,000/- has been successfully transacted. As such as per the O.P. Bank there is no deficiency of service to the Complainant.
- During hearing, the Complainant deposed to support his complaint and exhibited statement of account for the relevant period. The O.P. also examined Sri Arindim Nath, the Chief Manager and exhibited copy of Electronic Journal of the relevant date. After closing evidence, both sides’ counsels submitted written argument. We have also heard oral argument of the Ld. Advocate of the Complainant and asked the O.P. to submit C.C.TV. footage of the relevant date and time. The O.P. failed to produce C.C.TV footage vide letter dated 06/11/2017.
- In this case except the fact of non-receiving the amount of Rs.10,000/- by the Complainant from ATM of ICICI Bank on 12/05/2012 remaining facts are not denied but the plea of the O.P. is that as per CMS and Electonic Journal it has been reported that transaction of Rs.10,000/- has been successful. The Complaint exhibited statement of Account which reflected that Rs.10,000/- has been debited from his S/B account but the Complainant by deposing evidence on oath stated that actually he did not receive any cash from ATM machine. Hence, in that situation the O.P. Bank was asked to submit C.C.TV. Footage of that ATM machine for relevant date and time but the O.P. bank failed to furnish the same. It is also revealed from the official correspondence of the SBI, New Silchar Branch to ICICI Bank that C.C.TV footage upto 90 days are preserved in the system but the requirement for C.C. TV footage made by the SBI New Silchar Branch after expiry of 90 days, for which it is unable to furnish C.C.TV footage. If that is the real facts, than why the O.P. Bank did not collect the C.C. TV footage on receiving of the Complaint of the Complainant on 12/06/2012. Reason is best known to the SBI, New Silchar, Branch.
- Thus, as a Consumer Case before this District Forum, the Forum is adopting summary procedure. That is why, at this stage with the available material on record it is believed that the Complainant did not received the cash from ATM Machine but his account balance has been debited with Rs.10,000/-. If the Complainant really received cash from ATM Machine, the SBI, New Silchar Branch must adduce more authentic and reliable material like C.C.TV footage. C.C.TV footage is relevant and more reliable to determine the dispute in a quasi-judicial manner. It is fact that C.C. Camera is fitted in the ATM of ICICI Bank, Tarapur Branch but non-collecting the C.C.TV footage on receiving of complaint, the O.P has gone to back-foot to established the Onus of successful transaction of Rs.10,000/-
- Hence, in this case in our considered view the Complaint is believable and acceptable. Accordingly, it is opined that the Complainant did not received 10,000/- from ATM of ICICI Bank, Tarapur but the O.P. Bank debited Rs.10,000 from his SB Account No.30051774641. Therefore, he is entitled to get refund of the said amount of Rs.10,000/- with interest @ 6% per annum and also entitled compensation of Rs.2,000/- for disservice and Rs.1,000/- for cost of the proceeding.
- The O.P. Bank is directed to make payment of aforesaid amount with up to date interest within 45 days from today. If fail, the total awarded amount including added interest will fetch interest @ 10% per annum from today till realization of full.
- With the above, this case is disposed of on contest. Supply free certified copy of Judgment to the parties. Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 23rd day of November, 2017.
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