IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/17/2018
Date of Filing: 12.12.2018 Date of Final Order: 09.01.2019
Complainant: Rekha Sarkar
W/o Radheshyam Mondal
Vill-Hansupur
PO-Dogachi
PS-Samserganj
Dist-Murshidabad
Pin-742202
-Vs-
Opposite Party: Branch Manager
UBI, Dakbanglow More,
Vill- Dakbanglow More
PO-Ratanpur
PS-Samserganj
Dist-Murshidabad
Pin-742202
Agent/Advocate for the Complainant : Sri. Debasish Das
Agent/Advocate for the Opposite Party : None
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Smt. Aloka Bandyopadhyay,Member.
This is a complaint under section 12 of the CP Act, 1986.
One Rekha Sarkar (here in after referred to as the Complainant) filed the case against the Branch Manager, UBI (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:
The Complainant is a customer of the OP Bank (UBI, Dakbanglow More Branch), having savings SB Account No. 1668010001663. On 11.08.17 at 23.55 hours the Complainant noticed that there was a withdrawal from her said savings account for three times amounting Rs.10,000/- in each for two transactions and Rs.5,000/- in one transactions without any knowledge of the Complainant at the same time and on same day. Later on 12.08.17 at 00.01 hours two unauthorized transactions were noticed by the Complainant amounting Rs.10,000/- and 7,300/- respectively on same date and same time. The Complainant lodged a complaint before the Branch Manager, UBI on 14.08.17 and also before the Chief Manager Customer Service on 19.08.17 through E-mail against such occurrence but no positive result has been received by her. The Complainant also lodged a complaint before the Police Station at Samserganj on 14.08.17 and before the SP, Murshidabad regarding this matter on 17.08.17. But all went in vain. Finding no other alternative the Complainant filed the instant case for appropriate relief.
The OP after due service of notice has not turn up to controvert the plea of the Complainant. Hence, the case preceded ex-parte against the OP.
On the basis of the above version the following points are framed for proper adjudication of the case :
Points for consideration
1. Isthe Complainant a consumer under the provision of the CP Act, 1986?
2. Has the OP any deficiency in service, as alleged?
3. Is the Complainant entitled to get any relief, as prayed for?
All the points are taken up together for consideration for the sake of convenience and brevity.
Point Nos. 1,2 & 3
The main dispute between the Complainant and the OP is that whether the OP Bank is liable to return back the said amount alleged by the Complainant to be withdrawn by some unknown person/persons from the account of the Complainant or not? Undoubtedly, the complainant is a customer of the O.P Bank and the O.P. is service provider so we have no doubt that the complainant is a consumer in terms of the C.P. Act, 1986.. Admitredly, there were transactions from the account of the Complainant. As per the documents filed by the Complainant, all transactions were done using debit card and pin.
The transaction details are as follows:-
SLNO. | CARD NO. | TRANSACTION DATE | REF_ NO. | AMOUNT | SRL_NO. | ATM ID |
1. | 421319XXXXXX0368 | 11.08.17 23.55 | 2014982 | 10,000 | 722323009973 | 8436002 |
2. | 421319XXXXXX0368 | 11.08.17 23.55 | 2018911 | 10,000 | 122323009975 | 8436003 |
3. | 421319XXXXXX0368 | 11.08.17 23.55 | 2023271 | 5,000 | 722323009978 | 8436002 |
4. | 421319XXXXXX0368 | 12.08.17 00.01 | 2121884 | 10,000 | 722400010016 | 8436002 |
5. | 421319XXXXXX0368 | 12.08.17 00.01 | 2129762 | 7,300 | 722400010018 | 8436003 |
On evaluation of the argument and the documents filed by the Complainant we find that different amounts of money had been withdrawn from the account of the Complainant through ATM at the same time within a very short period. It is not possible for a person to withdraw the money in the same time from different ATM using the same card. A total amount of Rs.42,300/- has been withdrawn from the account of the Complainant in two days as per the petition of the complaint filed by the Complainant.
The OP has not appeared before this Forum for the reason best known to him.. The OP Bank also has not taken any step to refund of the amount after due complaint made by the Complainant nor also he explained how this incident became possible in the mid night of the fateful day. Here lies the deficiency on the part of the OP.
Considering the facts and circumstances of the case and the arguments advanced by the Complainant, we are of the opinion that the complaint is entitled for relief, as prayed for. we hold that O.P be directed to pay Rs 42,300/- along with Rs2000/- for mental pain and agony.
Reasons for delay
The Case was filed on 12.02.18 and admitted on 23.02.18 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order.
In the result, the Consumer case succeeds.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/17/2018 be and the same is hereby allowed ex-parte without cost against the OP.
The OP is directed to pay a sum of Rs.42,300/- in the Bank Account of the Complainant lying in their Bank within 30 days from this order.
The OP is also directed to pay Rs.2,000/- for compensation and mental pain and agony.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
