BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI.
C.C. No. 22 OF 2018
Present: Miss Sudhiralaxmi Pattnaik - President (I/c).
Sri Purna Chandra Tripathy - Member.
Sibaprasad Sharma aged 40years
S/O-Late Gobardhan Sharma
AT- Masterpada, near municipality office
Po/PS: Phulbani Town Dist: Kandhamal ………. Complainant
-Versus-
Branch Manager
State Bank of India Phulbani
Bazar Branch At: main Road,
Madikunda Square, Po/PS- Phulbani Town
Dist: kandhamal. ………. Opposite Party.
For the Complainant: self.
For the Opp. Parties: Advocate Sri V.V Ramdas, Phulbani.
Date of Order: 5th April 2021.
The brief fact of the case is that the Complainant is a customer of OP having a Saving Bank Account bearing No- 10812174732. On dated 10/06/2018 the Complainant visited the ATM counter No-64292(SBI) at Phulbani for withdrawal of cash of Rs. 2,000/-and followed the procedure to get the withdrawal amount from the ATM, but unfortunately the instructed amount did not dispense to the Complainant. Soon after the Complainant received a message in his mobile that an amount of Rs. 2,000/- has been debited from his account, on the same day the Complainant received another message that the amount of Rs. 2,000/- has been reversed to his account. After few minutes the Complainant again received message an amount of Rs. 2000/- has been debited as cash withdrawal. According to the Complainant the transaction day was Sunday. The Complainant did only one transaction on dated 10/06/2018 at 20:04 but after 3 minutes i.e. 20:07 the complainant draw the mini-statement by using the ATM card, from which the complainant ascertain that the amount of Rs 2,000/- which was not dispense in the first transaction.The Complainant on the very next day dated 11/06/2018 lodged a written complaint before the OP with a request to verify the fact and credit the amount to his account, but the OP did not respond. Hence the present Complainant filed by the Complainant with a prayer to issue direction to the OP to credit the un-dispensed amount of Rs. 2,000/- along with compensation of Rs. 10,000 /-for deficiency in service and Rs. 2,000/- towards the cost of litigation . The Complainant has filed relevant documents in support of his case. On perusal of the petition and other documents submitted by the Complainant, the case of the complainant admitted and issued notice to the OP for appearance and filling of version. Upon the notice, the OP appeared through advocate and file version. In the version the OP denied the allegation of deficiency in service, also denied any complain petition in this connection by the complainant before the OP or to any higher authority for settlement of his claim. However the OP admitted that the Complainant has a savings Bank Account bearing No. 10812174732 with ATM facility. The OP further stated in the version that the Complainant has been using the ATM card since long even after alleged susceptive withdrawals of money from his account till date without any complaint which creates a doubt that intentional mischief might have done by the Complainant. We have gone through the case of the complainant in detail and scrutiny the documents, written version and evidence affidavit filed by the Complainant and found that the OP did not take any steps for resolve the claim of the complainant rather to divert the factual involved in this case, similarly the OP failed to file any supported documents to prove their sincerity on the complain of the customer nor taken any action for find out the truth behind the withdrawal of money from the ATM on the alleged date and time mentioned by the complainant . As per the R.B.I guideline dated 01/07/2011, where the RBI has directed the banks to resolve the problems within seven working days of a complaint being made, failing which the banks will have to pay a compensation of Rs. 100/- for each day of delay. Under the above circumstances, we are of the considered view that there is gross deficiency in service on the part of the OP and not followed the guideline of RBI. Hence ordered.
O R D E R
The case of the complainant is allowed against OP. Therefore the OP is hereby directed to credit an amount of Rs 2,000/- in the SB A/C of the complainant along with interest @ 6% P.A from the date of filing of this case i.e. from 09/07/2018 to till the date of payment. Apart from the OP also directed to pay Rs. 1,000/- for compensation and Rs. 1,000/- for litigation cost to the complainant within 45 days from the date of this order , failing which the awarded amount shall carry interest @ 9% P.A from the date of order to till the date of realization. Accordingly C.C is disposed off.
Order pronounced in the open court on this 5th April 2021.
Supply free copy of this order to both the parties.
MEMBER PRESIDENT
