Samaresh Kumar Mitra, Member.
This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainant, Sri Mrinal Kumar Laha.
The complainant’s case in short is that he is a joint account holder along with his wife Smt. Nibedita Sengupta of United Bank of India, Serampore Branch being S/B, A/C No. 0155010698191 and he is also avail a facility of an ATM Card in his said account which is within the jurisdiction of this Ld. Forum and on 1.12.2017 when he visited into ATM counter of C.O.R.M. office Serampore for withdrawing cash of Rs. 9,000/- from the said account surprisingly he found that money has not been came out from the ATM machine but only a slip came out with remark “customer forgot to collect cash” and he observed that an amount of Rs. 9,000/- has been debited from his said account automatically.
The petitioner also states that observing such scenario he informed the matter to the Branch Manager of the U.B.I. Serampore Branch on the very date and narrated the entire facts to the Branch Manager and after hearing the same the Branch Manager advised him just wait for 2-3 days and thereafter it will be automatically credit to his said account. As per advice of the Branch Manager and after passing the said period when he took notice that no money was credited to his said account then he visited with the Branch Manager again and narrated the same and after having such information the Branch Manager again told him that he has already lodged a complaint for which he has to wait 10 days but after waiting such period when no amount was credited then he again visited with the Branch Manager and asked the details and every time the Branch Manager assured him by saying that the said amount will be credited within a short period and at last as per his advice he submitted a written application on 9.1.2018 before the Branch Manager, U.B.I. Serampore Branch and forwarded it to the U.B.I. Head Office C.M.I.T. ATM then on 29.1.2018 he wrote a letter through e-mail to customer services and Internal Ombudsmen Officer on 29.1.2018 and as per advice of the Branch Manager he also sent a copy of this letter dt. 29.1.2018 to the Branch Manager and ATM slip dt. 1.12.2017 and both Internal Ombudsmen of UBI and Branch Manager replied that they have referred the matter to the Customer Service’s Department Head Office to the branch but till date no appropriate measures have been taken by the higher authority in spite of waiting for a long period hence he again informed the matter to the Internal Ombudsmen and customer service on 16.3.2018 through registered post with A/D but till date both the higher authority did not pay any heed of the prayer of him rather they kept silent.
The petitioner also states that on 28.5.2018 he sent a legal notice through his Ld. Advocate and the said legal notice was duly served to the address of the opposite parties and asked them for taking necessary measures for payment or credited the said sum of Rs. 9,000/- only which is inadvertently debited from the A/c of the client herein the complainant vide A/c No. 0155010698191of U.B.I., Serampore Branch but the motive of the opposite parties is very clear that they did not pay any heed to solve the problem rather they resort to strategy to evade the same by the grace of cock and bull story.
The petitioner also states that for the willful and defective activities the complainant has suffered a financial loss of Rs.9000/- only and his financial loss is accruing day by day as the opposite parties are kept silence and they all are very much reluctant to meet out the justice to the end. Finding no other alternatives the complainant compelled to file this instant case for relief with a prayer to direct the opposite parties to make immediate credit or payment of Rs.9000/- in favour of the complainant to his account No.0155010698191 in UBI, Serampore Branch, to pay compensation of Rs.9000/- and to pay litigation cost to the complainant.
Opposite party No.1 to 4 appeared by filing vokalatnama and failed to file written version so the proceeding do run ex-parte against the opposite party vide order no.6 dated 8.3.2019.
Complainant filed evidence on affidavit which is nothing but replica of complaint petition so it is needless to discuss.
Complainant filed brief notes of argument and advanced ex-parte argument which is taken into consideration for passing final order.
The complainant is a customer of the opposite party No.1 bank and the complaint petition filed within the territorial as well as pecuniary jurisdiction of this Forum.
After perusing the complaint petition as well as documents on record it appears that the petitioner being the consumer of opposite party bank visited the ATM of opposite party bank to withdraw money by his ATM card on 01.12.2017 at CORM office Serampore for withdrawing cash amounting to Rs.9000/- and he did not get money but the same amount has been debited from his account. So he lodged complaint petitions before the manager opposite party bank and also lodged complaint before the Police Station for investigation and after getting no relief he put the matter before the Internal Ombudsman and CM customer service, Head Office at Kolkata who on their turn took no effective measure to mitigate the problems of the complainant. Getting no alternative the complainant preferred the recourse of this Forum for Redressal.
Despite receiving notice opposite party did not turn up so the proceedings do run ex-parte against the opposite party.
It is to be mentioned that when the bonafide customers of the banks are making complaint against the bank when they are not getting proper service as a consequence they are compelled to take recourse of this Forum for Redressal as it is a social legislation. The complainant herein being educated person is fully aware of his rights and duties he never compromise with the injustice upon him. So he put the matter before the police station for investigation and lodged complaints before the appropriate authorities for Redressal but when he is refused even by the appellate authority then he compelled to take the recourse of this Forum for Redressal. This person having reputation in the society having no criminal and cheating background raised his voice when he is deprived of getting his hard earned money. The opposite party bank failed to contest the case by filing written version so the complaint petition remained unchallenged. No documents like the C.C. TV footage are in the case record from which we can infer that that the complainant received the money as his transaction was successful. Complainant filed a Xerox copy of txn slip date 01.12.2017 being No.552357 in corresponding to A/C no.0000000155010698191 at 15:08 in which it is stated customer forgot to collect cash. Another Txn slip date 01.12.2017 being No.552357 in corresponding to A/C no.0000000155010698191 at 15:10 in which it is stated unable to dispense cash. So it is palpably clear that the complainant received no cash in the disputed transaction but the opposite party debited Rs.9000/- from the account of the complainant on 1.12.2017, Xerox copy of the passbook transpires it. It is fact that opposite party getting complaint from the Complainant never tried to investigate the matter or showed good gesture upon the complainant to credit the same amounts which have been debited from his account. The opposite party bank in reply to the e-mail of the complainant sent e-mail stating that they acknowledge the mail and have taken note to the grievance raise by the complainant and they try their best to resolve his grievance at earliest and requested to bear with them in the interim. They always strive to extend the best services to their customers keeping in view their safety and satisfaction. But after elapsing a prolonged time the opposite took no measure for which the complainant compelled to send reminders as well as served legal notice but all his efforts of getting reliefs from the opposite party turned futile. It is the duty of the bank to investigate the matter if any crime committed in the ATM counter of the opposite party bank. But in the instant case the opposite party bank always tried to evade its responsibility on the false pretext and never tried to provide appropriate service to its customer/consumer. From the above discussion we may safely conclude that the opposite party is deficient in providing service towards its consumer for which the opposite party bank is liable to pay compensation and other reliefs as prayed in the prayer portion of the complaint petition to that extent as ascertained by this Forum.
In Vidyabati vs. State Bank of India & Ors (RP No. 4868/2012 decided on 18.02.2015) the allegation was that there had been unauthorized withdrawal from the savings bank accounts of the complainant as well as some other person. This Commission held that since the money had been wrongly withdrawn by the foul play from the account of the complainant as well as some other person, the bank was liable to make good the loss.
In State Bank of India vs. Dr. J.C.S. Kataky, Revision Petition No. 3073 of 2016 order dated 3rd May, 2017 the Hon’ble National Commission held that once the complaint was made citing specific incidents of unauthorized withdrawal, it was the duty of the bank to have carried out the necessary verification in the matter, rather than washing their hands off from the whole episode.
From the above discussion we are in the opinion that the complainant proved his case by producing sufficient documents and argued on the point whether the opposite parties are deficient in providing service and they are under liability to pay compensation alongwith other reliefs prayed in the prayer portion of the complaint.
The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant abled to prove his case and the Opposite Party is liable to pay compensation for harassment and mental agony to this complainant.
ORDER
Hence, it is ordered that the complaint case being No.143/2018 be and the same is allowed ex-parte against the Opposite Party no.1 to 3 with a litigation cost of Rs.6000/- payable to this complainant.
The Opposite Party No.1 to 3 are directed to pay a sum of Rs.9000/- to this Complainant within 45 days from the date of receiving this final order.
The opposite party No.1 to 3 are further directed to pay a sum of Rs.5,000/- as compensation for harassment and mental agony to this complainant within 45 days from the date of receiving this order.
At the event of failure to comply with the order the Opposite Party shall pay fine @Rs.50/- for each day's delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.
Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information & necessary action.
