1.Alleging deficiency of service the complainant filed this case against the Opposite party for a direction to credit the debited amount of Rs.6,000/- alongwith compensation and litigation cost.
2.The brief facts of the case is that the complainant is an account holder of Union Bank of India, Boudh branch having Account NO.645702010000202.On 12.3.2017 the complainant had withdrawn an amount of RS.6,000/- only through his ATM card through ATM process of the O.P. bank to meet his domestic need. An amount of Rs.6,000/- was erroneously debited from the Account of the complainant even if the ATM process was failed to deliver the withdrawal amount of Rs.6,000/-On several approaches to the O.P. by the complainant, the O.P. did not take any steps for release/ refund for Rs.6,000/-,which forced him to file this case before this forum for proper redressal of his grievance.
3.Being noticed, the Opp party appeared in this case and filed his counter .In his counter he stated that this case is not maintainable in the eye of law. The complainant has no cause of action to bring this case against the Opp.Party.Theconsumer case is bad for non-joiner of necessary party.The O.P. admitted that the complainant is an account holder of his branch. On 13.2.2017 the complainant has withdrawn Rs.6,000/- only by using his ATM card and the transaction was successful vide ATM receipt E.J receipt and other documents.
4.During course of hearing the O.P presented CCTV footage. In that footage, we found that on 12.3.2017, the complainant entered into ATM hall on 8.58.25 to 8.58.29 and at 8.58.39 the using of ATM shown unable to process, again on 8.59.16 the ATM shown unable to process. In 9.00.10 sec the using of ATM transaction wassuccessful.At 9.00.24 the complainant left theATM.Therafter at 9.00 29 sec another person entered into ATM and stayed upto9.1.03 and left without operation of ATM.The complainant without waiting for some seconds left the ATM counter. The person entered into ATM counter later might have takenRs.6,000/- without any operation.
Taking into consideration of the case, the CCTV footage and submission made by the complainant and the O.P, we dismiss the case of the complainant against the O.P without cost.
Order pronounced in the open court under the seal and signature of the forum this the 29th day of December,2017.