IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/103/2016
Date of Filing: 01.07.16 Date of Final Order:04.01.19
Complainant: Safikul Islam
S/O Late Samaun Ali
Vill-Gopalganj
PO-Purapara
PS-Suti
Dist-Murshidabad
Pin-742201
-Vs-
Opposite Party: UBI Branch Manager
PO- Aurangabad
PS-Suti
Dist-Murshidabad
Pin-742201
Agent/Advocate for the Complainant : Sri. Saugata Biswas
Agent/Advocate for the Opposite Party: Sri. Bidyut Mukherjee
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Mrs. Aloka Bandyopadhyay, Member
This is a complaint under section 12 of the CP Act, 1986.
One Safikul Islam (here in after referred to as the Complainant) filed the case against The Branch Manager, U.B.I. (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The brief fact of the case is as such:-
The Complainant on 11.04.16 on 7 p.m. for the purpose of withdrawal of Rs.11,000/- used ATM of UBI at Khidirpur under Lakshmipur Branch but he did not received any money rather found debit of Rs.11,000/- from his account balance. On 12.04.16 being the Holiday the complaint on the next working day they informed the matter to the Branch Manager and it was communicated to him that 15 to 20 days is required to solve the problem. But after a month, the complaint has been rejected on the ground of successful transaction. Finding no other alternative the Complainant filed the instant case for appropriate relief.
After service of notice O.P filed the w/v contending inter alia that the case is not maintainable. O.P . further stated that as per F.M.A.T.M.recon 1/Marketing/Head office the transation of the comlainant was successful on 11/04/2016 at 19.02 PM and the same has been informed to this complainant but suppressing this fact the complainant filed the instant case for unlawful gain and as such prays for dismissal of the case with cost.
Now the question arises whether the Complainant is entitled to get relief, as prayed for?
Decision with reason
Undoubtedly, the Complainant for the purpose of withdrawal of Rs.11,000/- used the ATM of UBI at Khidirpur under Lakshmipur Branch. But as per the statement of Complainant he did not received the money rather it has been debited from his account balance. On due enquiry, he came to know that transaction was successful but as he did not received the money from ATM. He is not ready to accept that statement provided by the Bank authority. It appears from the J.P. Log filed by the O.P that the transaction of the complainant on 11/04/2016 at19:02 was successful. J.P Log is completely system generated documents as a proof of any transaction against the A.T.M card of the complainant . It is not the fact that every person presumed to be liar though machine normally does not speak lie but man may do so. Sometime machine may fail. But in this present case as a civil matter complainant has to prove his claim by preponderance of evidence and we have limited scope in the summary trial.
On perusal of the record and considering the argument advanced by the Ld. Advocates of the respective parties and documents filed by them, we do not find any deficiency on the part of the O.P. and the complainant has failed to prove his case so the complainant is not entitled for any relief.
Reasons for delay
The Case was filed on 01.07.16 and admitted on 02.08.16. 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 is dismissed..
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/103/2016 be and the same is hereby dismissed but without any cost.
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 President.
