DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                C.C.NO.26  OF 2017

Present: Sri Rabindranath Mishra            - President.

                 Miss Sudhiralaxmi Pattanaik   -  Member .

                  Sri Purna Chandra Tripathy       - Member .

Dr. Jagadish Chandra Bez, Age- 59 years

S/O: Late Batakrushna Bez.At: Industrial Estate (J.C.B) Penjisahi

PO: phulbani PS: Phulbani Dist: Kandhamal.                                             ……………………….. Complainant.

                                Versus.

1. Branch Manager, State Bank of India

 Bazar branch,Phulbani. AT/Po: Phulbani Dist: kandhamal.

2. The Branch Manager Punjab and Sind Bank

AT- Birla Road, Haridwar PO/PS/DT- Haridwar.

State Uttarakhanda, IFSC Code No- PSIB 0000219

Branch code – 000210 Phone No. 01334227480                             …………………………….. OPP. Parties.

For the Complainant: Sri B. K. Mohanty,Advocate.

For the OPP. Parties: Sri V.V.Ramadas, Advocate.

Date of Order: 30-12-2017

                                                                                        O R D E R

                                                The case of the Complainant in brief is that he has a savings Bank Account bearing No. 11341931021 of S.B.I, Bazar Branch, Phulbani .In the month of May 2017, the Complainant had gone to Haridwar for touring along with his family members. On 30-05-2017, the Complainant withdrawn Rs. 10,000/- through his ATM card from the ATM Counter of Punjab and Sind Bank situated at Birla Road, Haridwar. Thereafter again he tried to withdraw another Rs. 10,000/- through his ATM card from the said ATM counter but it was shown as defective. So he could not get money from the counter but he had received a message that the amount of Rs. 10,000/- was withdrawn from his account. So, he intimated the helpline but no reply was given to him by the help line. Then, he returned back to Phulbani and gave a complaint before the State Bank of India, Bazar Branch vide Ticket No. 3037015018 dated. 14-06-2017 but no steps was taken by the Bank. Then this complaint was filed by him due to his financial loss, mental agony at Haridwar as well as at phulbani. He prays to get his withdrawal amount of Rs. 10,000/- along with compensation of Rs. 20,000/- from the O.Ps.

                                                                                                -2-

                                             The case of the O.P No.1 , the State bank of India , Bazar Branch as per  his version is that the Complainant had withdrawn the amount from the ATM counter of Punjab and Sind Bank at Haridwar . The O.P No.2 is a separate establishment and the O.P No.1 has no connection with the O.P No.2. So, the O.P No.1 has not committed any deficiency in service and the complaint petition is liable to be dismissed with cost.                                      

                                              The O.P No.2 is set exparte as he failed to attend this Forum, in spite of getting registered notice for his appearance.

                                             We have heard the Complainant and his counsel and the counsel of the O.P No.1. We have gone through the complaint petition, version filed by the O.P No.1 and the documents filed by the Complainant in support of his case. It is seen from the pass Book of the Complainant and also from the registered complaint that on 30-05-2017 the Complainant had withdrawn money through his ATM card from the ATM counter of the O.P No.2 at Haridwar. It is reflected therein that Rs. 10,000/- for each time was withdrawn from the counter of Punjab and Sind bank. It is alleged by the Complainant that he has not received Rs. 10,000/- from the ATM counter of Punjab and Sind Bank at Haridwar as it was shown defective. The O.P No.2 did not prefer to contest the case. It is the provision of the Bank that one person can withdraw money from the ATM counter of the bank at least for three times in one day but  it is seen that  Rs. 40,000/- was withdrawn from the ATM counter on 30-05-2017 in 4 times at the tune of Rs 10,000/- in each withdrawal . So, it is crystal clear that the Complainant had not received Rs. 10,000/- from the ATM counter of Punjab and Sind Bank at Haridwar on 30-05-2017 being defective in process. In the above circumstances there is nothing to disbelieve the Complainant.

                                                The O.P No.1 has no role in this case and he has not committed any deficiency in service but the O.P No.2 has committed negligence which amounts to deficiency in service.  Hence, this complaint is allowed exparte against the O.P No.2. Accordingly the O.P No.2 is directed to refund Rs. 10,000/- to the Complainant along with compensation of Rs.5,000/- towards mental agony and financial loss of the Complainant .The O.P No.2 is further directed to comply this order within 30 days from the date of receipt of this order .In case of failure the Complainant shall be liable to get interest @ 10% annum on the entire awarded amount from the date of this final order  till the date of realization.

                                                The C. C is disposed of. Supply free copy of this order to both the parties at an early date.

                 MEMBER                                                                             MEMBER                                                    PRESIDENT