DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.140/2017

Ms. Sheetal Agrawal

R/o C-45, J.J. Colony,

Khanpur, New Delhi-110062                                      ….Complainant

Versus

Canara Bank

Triveni Phase-II,

Sheikh Sarai, New Delhi

                                                                                 ….Opposite Party

                                                Date of Institution        : 24.04.17          Date of Order                : 25.04.19

Coram:

Sh. A.S. Yadav, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

1.      Briefly put, the complainant, Sheetal Agrawal made certain transaction from ATM of Canara Bank (OP) on 30.09.16. The first transactions made by her was successful. But again when the complainant tried to withdraw Rs.15,000/- no cash was dispensed from ATM Vending Machine. She immediately informed the Bank regarding the same and was assured that her money would be credited in her account within 10-12 days but the entry was not reversed. She repeatedly went to the Bank with her problem which was not resolved.

1. Thereafter, she got an information report registered with Delhi Police on 18.04.17. The complainant approached the Mediation/Conciliation Cell and a report dated 11.04.17 is annexed which we mark as Mark A for the sake of identification wherein it was concluded that ‘matter needs to be resolved at the bank level’.
2. The complainant, seemingly not very educated and not getting her grievance redressed finally approached the Forum praying for Rs.2 lakhs as compensation for the hardships caused to her and harassment.

2.      Affidavit of the complainant is placed on record. Notice was duly served to the OP. But none appeared on its behalf. Therefore, OP was proceeded exparte on 23.10.17.

3.      We have heard the complainant and have also gone through the file very carefully.

4.      Notice was duly served to OP but OP chose not to contest the case. Therefore, averments made in the complaint remained uncontroverted and unchallenged. There is no reason to disbelieve the version of the complainant.  Hence, as the bank failed to give response to the complaint made by the complainant and did not re-credited the amount in the account of the complainant, bank is held to be deficient in service.

5.      In view of the above, we allow the complaint and direct the OP to refund Rs.15,000/- with interest @ 9% from the date of withdrawal till realization within a period of 45 days from the date of receipt of copy of this order failing which OP shall become liable to pay Rs.15,000/- with interest @ 12% p.a. from the date of withdrawal till realization. Additionally OP is directed to pay compensation of Rs.2500/- to the complainant towards harassment and litigation cost.

          Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 25.04.19