Orissa

Cuttak

CC/90/2018

Satayu Subhankar Routray - Complainant(s)

Versus

Branch Manager,Central Bank of India - Opp.Party(s)

A K Sahu

23 Nov 2020

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

   C.C No.90/2018

Satayu Subhankar Routray,

At:Plot No.2D/315,Sector-11,PO/PS:Markat Nagar(Phase-II),

C.D.A,Cuttack-753014.                                                                     … Complainant.

 

Vrs.

                          

1.         Branch Manager,Central  Bank of India,

Cuttack Branch,Plot No.6B/930,C.D.A,Sec-9,

                   Cuttack.Pin-753014

 

2.         The Regional Manager,Central Bank of India,

Bhubaneswar,At:108-B,Surya Nagar,

               Dist: Khurda,Pin -751003

 

3.         Asst. General Manager (Operation Deptt.),

Central Bank of India,Zonal Office,

                   33-N.S. Road,Kolkata-700001.

 

4.        Regional Director,Reserve Bank of India,

Bhubaneswar,At:Pt. Jawarharlal Nehru Marga,

Unit-3,Kharvel Nagar,

                  Bhubaneswar,Dist-Khurda,Pin-751001.

                

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    14.08.2018

Date of Order:  23.11.2020

 

For the complainant.  :    Sri A.K.Sahu,Adv. & Associates.

For the O.P No.1          :    Sri N.K.Sahoo & Associates

For the O.Ps 2 to 4       :         None.

 

Smt. Sarmistha Nath,Member(W).

The complainant has filed this complaint before this Forum against the O.Ps for Redressal of his grievances Under Section-12 of the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition  alleging deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in brief is that the complainant is a customer of O.Ps as he has a Savings Bank account in Central Bank of India,at C.D.A,Cuttack No.3496032402,MICRA Code 753016007, IFSC Code: CBIN 0284622 and also has an ATM Card bearing No.4622444622000677.  Copies of the bank pass book and ATM card are attached as Annexure-1 series.  On 17.2.2016, the complainant on first attempt withdrew  Rs.10,000/- from his account through the ATM card.  He used the ATM card for the second time to withdraw Rs.5000/- but the request got declined because there was no sufficient fund in his account.  A message appeared on the machine showing that there was Rs.3245.96 left on his account.  After that the complainant‘s account balance became Rs.245.96p.  After that the complainant went to the bank and lodged an online written complaint but no action was taken by the bank authorities.  On 19.2.2016 and 4.3.2016, the complainant again made online complaints and on 25.4.2016,4.5.20166,1.9.2017 and 22.9.2017 made written complaints but the O.Ps remained silent over the matter.  Copies of the representation dt.25.4.16, 4.5.16, 1.9.17 and 22.9.17 are attached as Annexure-2 series.  As no action was being taken by the bank authorities to reimburse the amount to the complainant, he suspected fraud on the part of the O.Ps and approached the Banking Ombudsman,RBI,Bhubaneswar on 11.12.2017 bearing complaint no.1298.  Copy of the complaint petition dt.11.12.2017 filed by the complainant before Banking Ombudsman is attached as Annexure-3.  On 13.3.2018, the complainant got an email that the ATM withdrawal disputed amount of Rs.3000/- has been credited back to the complainant’s account and the Banking Ombudsman,Bhubaneswar also conveyed the same to the complainant on 15.3.2018.  Copy of the information obtained from Central Public Information Officer, Central Bank of India dt.5.4.2018 is attached as Annexure-4.  The complainant has further submitted that the O.Ps instead of granting him payment with compensation as per the circular/guidelines issued by the Reserve Bank of India(O.P.4) on 27^th May,2011 regarding reconciliation of failed transactions at ATMs, remained silent over the matter.  Copy of the circular/guideline dt.27.5.2011 is attached as Anenxure-5.  The O.Ps credited Rs.3000/- on 13.3.18 only and interest amounting to Rs.225/- from 17.2.2016 to 12.3.2018 credited to complainant’s account on 31.3.18 violating the circular issued by the O.P NO.4 i.e. RBI/2010/1/547, DPSS.PD No.2632/2.10.2002/2010-2011 of Reserve Bank of India dt.27.5.2011.  Thus according to this circular, in case of failure to re-credit the amount in the account of the complainant within 7 working days of the receipt of the complainant, the bank was required to pay compensation @ Rs.100/- per day and that amount was to be credited to his account automatically without any claim made by the complainant on the same day when the bank affords the credit for the failed ATM transaction.  It’s also directed by RBI that non-adherence to the provisions of this circular shall attract penalty as prescribed under the “Payment and Settlement Systems Act,2007”.  But the O.Ps did not pay the amount in time as per circular under Annexure-5 for which the compensation @ Rs.100/- per day has been claimed by the complainant on the basis of the instructions issued by the RBI.   The complainant made a representation/notice on 21.6.18 to the O.Ps violating his grievances and gave an ultimatum.  Copy of the notice dt.21.6.18 is attached as Annexure-6.  The complainant prays before the Forum to direct the O.Ps to pay a compensation of Rs.75,500/- as per circular dt.27.5.2011 @ Rs.100/- per day for 755 days, compensation of Rs.1,20,000/- for damages, harassment and sufferings mental agony and Rs.3000/- towards expenses incurred on correspondences and appearance before Banking Ombudsman along with litigation expenses of Rs.15,000/-.
2. The O.P.1 though appeared through his counsel neither filed written version nor participated in the hearing and was set exparte.  O.P No.2 to 4 though received notice but did not appear and were set exparte.
3. We have heard from the counsel of the complainant at length gone through the documents and papers filed by the complainant and found that complainant has a savings bank account in Central Bank of India with ATM facility at CDA Branch,Cuttack on 17.2.16, the complainant made an ATM transaction and in the first attempt, he succeeded in withdrawing Rs.10,000/- but the second attempt to withdraw Rs.5000/- failed due to insufficient funds but Rs.3000/- was deducted from his account, though the ATM machine did not dispense cash.  He lodged an online written but when no action was taken by the bank he made several complaints and finally approached the Banking Ombudsman,R.B.I,Bhubaneswsar.
4. On 13.,3.2018, he received an e.mail that Rs.3000/- has been credited to his account and the Ombudsman also intimated on 15.3.2018 that the disputed amount has been credited to the account of the complainant and closed the complaint.
5. The complainant sought for an information from the CPIO,Central Bank of India and he furnished the information that Rs.3000/- and interest amount of Rs.225/- from 17.2.2016 to 12.3.2018 has been credited to complainant’s account on 31.3.18.  During course of argument the counsel for the complainant brought to our notice the circular/guidelines issued by RBI on 27.5.2011 which stipulates that in case of failure to recredit the amount in the account of the complainant within seven working days of receipt of complaint, the bank is required to pay compensation @ Rs/100/- per day and that amount was to be credited to the account of the complainant automatically on the same day when the bank affords the credit for the failed ATM transactions.  Since the O.Ps did not adhere to the circular/guidelines issued by the RBI, the complainant has been suffering from mental agony and financial harassment.  Since the O.Ps did not participate in the hearing, we conclude that they have nothing to say in their favour and we are constrained to believe the uncontroverted averments of the complainant.   We are of the considered view that the O.P No.1 to 3 have adopted unfair trade practice and acted negligently for which they are jointly and severally liable for the same.                                                                                                   ORDER

The case of the complainant is allowed exparte against the O.P No.1 to 3 and O.P.1 to 3 are     directed to pay compensation of Rs.75,500/- (as per circular dated 27.5.2011 @ Rs.100/- per day) and Rs.50,000/- as compensation towards harassment and mental agony and Rs.15,000/- as litigation cost within a period of 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 23^rd    day of November,2020  under the seal and signature of this Commission.

 

  ( Smt. Sarmistha Nath )

                           Member (W)                                                                                                                                                                                                                                                                                                                                                                                                                         (Sri D.C.Barik)

                                                                                                                              President.