DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 376/2017
D.No.________________________ Date: ________________
IN THE MATTER OF:
CHANDAN S/o SH. SITA RAM,
R/o A-12, GALI No.-3, SHRDHANAND COLONY,
BHALSWA DAIRY, DELHI-110042. … COMPLAINANT
Versus
CANARA BANK,
THROUGH ITS BRANCH MANAGER,
A-28, RAMGARH, JAHANGIR PURI,
DELHI-110022. … OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 08.05.2017
Date of decision: 20.03.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant has a saving bank account bearing no. 5914101004356 with OP and the complainant visited the ATM installed at Adarsh Nagar, Delhi in front of Metro Pillar No.94 on 12.03.2017 in the morning to withdraw Rs.5,000/- and the amount was not released by the said ATM machine but the message came on the mobile that Rs.5,000/- withdrawn from ATM machine and
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the complainant waited for some time for amount but the amount was not released by the said ATM machine. In this regard, the complainant made complaint to OP and police department also and officials of OP assured the complainant that the amount of Rs.5,000/- will be credited in the account within 7 days but till filing the case, OP did not credit the said amount in the account of the complainant. The complainant further alleged that the complainant approached OP several times and made many complaints also but there is no proper response in the matter by OP and the complainant is very poor person and on account of negligence and deficiency in service on the part of OP and the complainant suffered great shock, mental agony and harassment and the said action of OP shows clear cut deficiency in service on its part.
2. On these allegations the complainant has filed the present complaint praying for direction to OP to pay Rs.5,000/- withdrawn wrongly as OP is guilty in providing proper service as well as compensation of Rs.70,000/- for causing mental agony, physical harassment and has also sought Rs.11,000/- as litigation cost.
3. OP has been contesting the case and filed written statement and submitted that the complaint is not maintainable and is liable to be dismissed. OP further submitted that the complainant by using his ATM cum Debit Card on 12.03.2017 dispensed total Rs.5,000/-from the ATM of OP and accordingly also provided a valid ATM log and as
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per documentary proof the transaction was successful and the complainant has duly collected the total amount from the ATM of OP, however, it is utter shock and surprise that the complainant has not taken prompt action and not ever bothered to approach the customer care of OP and not even bothered to apprise about the fact to OP and the complainant has approached OP bank only in the month of May-2017 after a delay of almost 2 months and despite of having no fault, OP has thoroughly investigated the matter by way of checking ATM log of switch center, ATM replenishment-cum-verification records, JP Log of ATM machine and came to know that response code of transaction is “000” which means that the transaction was successful and has also verified the ATM machine and the same was not found in excess. OP further submitted that the ATM receipt dated 12.03.2017, statement of withdrawal of amount in question from the ATM machine on the relevant date shows that amount of Rs.5,000/- was dispensed on that day and no CCTV footage was secured/preserved by OP as the same was never requested by the complainant and it is admitted by the complainant himself that he himself was accessing the ATM and never alleged anything adverse to it and the complainant wanted to grab some money by levelling false and frivolous allegation against OP. OP further submitted that on 12.03.2017, many other people used the said ATM machine and have successfully withdrawn the amounts from the same and no other complaint was made by any
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other user of the ATM machine on the relevant date regarding non-dispensation of the cash.
4. The complainant filed rejoinder and denied the contentions of OP.
5. In order to prove his case, the complainant filed his affidavit in evidence and the complainant also filed written arguments. The complainant also filed copy of statement of account, copy of complaint/FIR no. DD No.52 B dated 11.04.2017 lodged by the complainant to P.S. Adarsh Nagar, Delhi and copy of complaint dated 17.03.2017 sent by the complainant to OP.
6. On the other hand, Sh. Harish Kumar, Branch Manager of OP filed his affidavit in evidence which is as per lines of defence taken by OP in the written statement. OP also filed copy of Inter Office Memorandum dated 13.02.2018 issued by OP regarding No Excess Cash Certificate found on 15.03.2017, copy of ATM Cash Balancing Worksheet issued by OP, copy of successful transaction as shown in screenshot showing that RESP code as 000 and copy of JP Log of ATM. OP has also filed written arguments.
7. This Forum has considered the case of the complainant and OP in the light of the documents placed on record by the complainant and OP. As per case of the complainant, the money of Rs.5,000/- was not disbursed to him by ATM machine on 12.03.2017 when the complainant has tried to withdraw the amount of Rs.5,000/- by using his debit card. It was the duty of the complainant to have immediately lodged the complaint with the police and to the OP
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bank. The copy of complaint made to the police by the complainant is bearing the date 11.04.2017 and copy of complaint lodged with the Branch Manager of OP bank is bearing the rubber seal and date of OP bank as 04.05.2017. It accordingly shows that the complainant has not taken due care and caution and has immediately not lodged the complaints with the police or OP bank. To secure benefit, ought to have lodged the complaint with the police and OP bank immediately and ought to have requested the authorities of the bank to preserve the CCTV Footage. Failure on the part of the complainant to take theses steps goes against him and no benefit can be given to the complainant. The cash balancing report in respect of said ATM which has been filed by OP bank shows no discrepancy and no excess balance in ATM machine. Accordingly, we are of opinion that the complainant has failed to prove his case and we find no cogent evidence to believe the case of the complainant. Accordingly, the case of the complainant is dismissed being devoid of merits.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 20th day of March, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
