SMT. RAVI SUSHA: PRESIDENT
Complainant has filed this complaint U/s 35 of consumer Protection Act 2019, seeking to get an order directing opposite party to pay some of Rs.10,000/- to the complainant towards compensation.
The case of the complainant is that complainant is the holder of SB account bearing No.0728101017524 maintained with 1st OP’s bank. On 19/07/2021, the complainant attempt to withdraw a sum of Rs.20,000/- from his SB account by using his debit card through the ATM counter installed by OP No.3 at Kakkayangad town. The complainant received a message to the effect that there was no sufficient balance in his account so as to withdraw the said amount of Rs.20,000/-. At the same date he withdrew a sum of Rs.9,500/- from SBI ATM counter and meet the 2nd OP and disclosed the above mentioned fact. The 2nd OP informed the complainant that in case the said amount of Rs.20,000/- is not re-credited in the account within 24 hours he shall taken necessary steps to redress the grievance of the complainant. Since there was no response from the 1st OP for about one month, another written complaint was submitted on 24/08/2021. Even after the 2nd complaint there was no positive response from the side of 1st OP. On 08/09/2021 the complainant verified his SB Account and understood that a sum of Rs.20000/- was debited from his account in connection with attempted cash withdrawal through ATM counter maintained by the 3rd OP. The complainant had personally met the 3rd OP manger and requested him to take steps to credit the sum of Rs.20,000/- seen to have debited from his SB. There after the complainant caused to issue a registered lawyer notice dated 14/09/2021 to 1st and 3rd OP, acknowledged the said notices on 25/09/2021 and 15/09/2021 respectively. Subsequently the complainant verified his SB account during September 2021, a sum of Rs.20,000/- credited to his SB account in connection with the attempted withdrawal of Rs.20,000 from ATM counter maintained by 3rd OP. Thereafter the complainant again met the 2nd OP personally along with his son in law on 20/09/2021 and enquired how the said sum of Rs.2000/- is credited in his SB account. Then 2nd OP misbehaved at the complainant and his son in law and 3rd OP shouted at them by stating that the complainant approached 2nd OP for unwanted enquiry and insulted the complainant in front of other customers of the bank who were present in the bank premises. It may be noted that the complainant suffered much mental pain and agony in connection with the rude behavior on part of 2nd OP for which the complainant is entitled to get compensation. All the OPs are jointly and severally liable to pay compensation to the complainant. Hence this complaint.
After receiving notices OP 1 to 3 filed separate written version stating their contentions. OP1submitted that this OP denied the entire averments made by complainant in the complaint except those specifically admitted. The 1st OP contended that 1st OP is not aware of the facts that the complainant has not received the amount of Rs.20,000/- on 19/07/2021. It is further submitted that in this connection it is pertained to note the while operating ATM counter installed by OP No.3 an amount of Rs.20,000/- was debited from his savings bank account but he has not received the cash for the reason known to him. The complaint should have lodged a complaint with OP No.3, and nearby SBI in Peravoor town, immediately when he has not received the amount. This OP submits that the debit entry of Rs.20,000/- was effected when the complainant made an attempt to withdraw the amount form 3rd OP ATM counter at Kakkayangad town. When an amount of Rs.20,000/- was debited in the 1st instance of operation at ATM from Kakkengad branch there will not be sufficient amount in the saving bank account to honor the 2nd withdrawal from ATM. Further submitted that is absolutely false that on 19/07/2021 the complainant met the OP No.2 and narrated the story in the ATM counter. On 19/07/2021 the 2nd OP was working as a senior manager Canara bank, Thalassery and joint Iritty branch on 03/08/2021. Hence there is no chance of receiving the written complaint from complainant. After joining the iritty branch the 2nd OP was received the complaint by the senior manager in his official capacity and register the complaint and forward the same was forwarded to ATM cell through Regional office Kannur. The ATM cell at Bangalore forwarded the complaint in to the 3rd OP’s ATM cell. All the ATM disputes are handed by ATM cell of each Bank and the ATM cell will decide the case after conducting the enquiries. This OP has registered the complaint through Bank portal and immediately they received the reply that “transaction was successful” and disputes rejected by the acquired Bank on 09/08/2021 and further stated than amount of Rs.20,000/- was credited to the complainant’s account on 18/09/2021. This fact was known to the complainant on 19/09/2021 and on 20/09/2021 the complainant lodged 2nd complaint for compensation. The ATM cell at Banglore forwarded the complaint in to 3rd OP’s ATM cell. From there this OP received a mail stating that somebody has handed over Rs.20,000/- to the 3rd OP and 3rd OP has credited the complainant’s account. This 3rd OP stated that customer handed over the forgotten money to Kerala Gramin Bank. Kerala Gramin Bank has accepted the claim and credited the complainant’s account. Hence this OP is not responsible for any compensation payable to complainant and there is no deficiency of service on the part of OPNo.1. Hence, prayed for the dismissal of complainant.
OP2 contended that the allegation raised by the complainant is absolutely false. On 20/07/2021 the 2nd OPO was working as a manager in Canara bank Thalassery branch. This OP has not done anything personally against compaliant on the other hand officially has taken up the entire complaint and got it registered on the very next day before the competent authority and expedited the matter so as to bring justice to the complainant without causing any inconvenience. The complainant is very much satisfied with service rendered by the 2nd OP done personally and the same is appreciated by the complainant who is promptly still continuing the banking service. There is no deficiency of service on the part of OP No.2. Hence OP2 is not responsible for any compensation payable to complaint.
OP3 has contended that the averment that the complainant had personally met the 3rd OP manger and requested him to take steps to credit the sum of Rs.20,000/- seen to have debited from his SB. But the 2nd and 3rd OP misbehaved with complainant etc. are and therefore denied. The two people mentioned above came to the branch and made compliant about the ATM transaction only two days prior to the receipt of the lawyer notice from the complainant. Latter the matter was reported settled between the 1st OP and the complainant and so no reply was sent to the lawyer notice. There is no negligence or deficiency of service on the part of OP No.3. It is therefore prayed that the complaint is to be dismissed against the 3rd OP.
At the evidence stage complainant has filed his chief–affidavit and documents. He has been examined as Pw1 and marked as Ext.A1 to A6. On the side of OP, 3rd OP has taken steps to examine one Mr. Shinoj, and after receiving summons, he has appeared and examined as Dw1. From the side of OP3 Ext.B1 and Ext.B2 were got marked. After that learned counsel for complainant as well as OP3 filed their written argument notes. The learned counsel for complainant made oral argument.
The complainant’s case is that complainant is the holder of SB account bearing No.0728101017524 maintained with 1st OP’s bank. On 19/07/2021, the complainant attempt to withdraw a sum of Rs.20,000/- from his SB account by using his debit card through the ATM counter installed by OP No.3 at Kakkayangad town. The complainant received a message to the effect that there was no sufficient balance in his account so as to withdraw the said amount of Rs.20,000/-. At the same date he withdrew a sum of Rs.9,500/- from SBI ATM counter and meet the 2nd OP and disclosed the above mentioned fact. The 2nd OP informed the complainant that in case the said amount of Rs.20,000/- is not re-credited in the account within 24 hours he shall taken necessary steps to redress the grievance of the complainant. Since there was no response from the 1st OP for about one month, another written complaint was submitted on 24/08/2021. Even after the 2nd complaint there was no positive response from the side of 1st OP. On 08/09/2021 the complainant verified his SB Account and understood that a sum of Rs.20000/- was debited from his account in connection with attempted cash withdrawal through ATM counter maintained by the 3rd OP. The complainant had personally met the 3rd OP manger and requested him to take steps to credit the sum of Rs.20,000/- seen to have debited from his SB. . Subsequently the complainant verified his SB account, on 08/09/2021 a sum of Rs.20,000/- credited to his SB account. Thereafter the complainant again met the 2nd OP on 20/09/2021 and enquired how the said sum of Rs.2000/- is credited in his SB account. 3rd OP shouted at them by stating that the complainant approached 2nd OP for unwanted enquiry and insulted the complainant in front of other customers of the bank who were present in the bank premises. Complainant alleged that the 2nd and 3rd OP misbehaved with complainant.
The 1st OP contended that 1st OP is not aware of the facts that the complainant has not received the amount of Rs.20,000/- on 19/07/2021 while operating ATM counter installed by OP No.3 at Kakkayangad town. According to OP No.1, Rs.20,000/- was debited from the complainant’s saving bank account on 19/07/2021. OP No.1 submitted that the complainant should have lodged a complaint with OP No.3, and nearby SBI immediately when he has not received the amount.
OP2 submitted that on the incident period he was working as manager in Canara Bank, Thalassery branch. Further he has officially taken up the complaint of the complainant and got it registered on the very next day before the competent authority for getting justice to the complainant without causing any inconvenience
OP No.3 submits that on 19/07/2021 one Head load worker named Shinoj who came to the concerned ATM found in its dispenser a sum of Rs.20,000/- and he brought it to the branch of the 3rd OP branch manager forwarded the said amount to their head office as a “forgotten money” as there was no clue at that time to whom the amount belongs. Thereafter only a day or two prior to the receipt of lawyer notice ie on 15/09/2021 by the OP No.3 from the complainant, the complainant met for the 1st time the 3rd OP narrating his experience at ATM on 19/07/2021. Then only OP No.3 understood that the amount entrusted by the head load worker on 19/07/2021 in the branch might be the amount belongs to the complaint. The 3rd OP immediately contacted their Head office and caused to forward the amount of Rs.20,000/- from head office to the OP No.1 and 2 and it was understood that on 18/09/2021 the 1st OP credited the amount to the complainants account. It can be seen that the complainant contacted the OP No.3 only one day prior to sending of the lawyer notice and the fore the 3rd OP had no idea about to whom the “forgotten money” received by them on 19/07/2021 belongs, till that time. So there is absolutely no fault at all on the part of the 3rd OP.
For substantiating the said fact OP3 produced Ext. B2 common pay in slip, which shows that on 19/07/2023 OP3 bank received Rs.20,000/- as forgotten money. Moreover, OP3 has examined the said head load worker as a witness. He has given evidence in support of the OP3’s version.
OP3 submitted that immediately on knowing the actual facts from the complainant, OP3 contacted their head office and the amount was restored to the account of the complainant through OP1.
OP1 and 2 stated that on 19/07/2021, complainant while operating ATM counter installed by OP3, amount of Rs.20,000/- was debited from his saving bank account kept in OP1 bank. OPs1 pleaded that if the complainant has not received the cash, he should have lodged a complaint with OPNo.3 and also to nearest state bank of India situated to the ATM counter. Further submitted that the debit of Rs.20,000/- was effected when the complainant made an attempt to withdraw the amount at the 1st instance itself. So there will not be sufficient amount in his savings account to honour the 2nd withdrawal from ATM.
Hence from the above said facts and without lodging complaint immediately after the incident, we cannot come to a decision that there is deficiency in service on the part of OPs 1 and 2.
Considering the entire facts and circumstances of this case, we are of the view that there is no deficiency in service on the part of OPs.
In the result the complaint fails and hence the same is dismissed. No order as to cost.
Exts
A1-SB account statement dated 08/19/2021
A2- SB account receipt dated 20/09/2021
A3-Copy of lawyer notice dated 14/09/2021
A4- Postal acknowledgment dated 15/09/2021
A5- Postal acknowledgment dated 25/09/2021
A6- SB Account statement dated 20/09/2021
B1-ATM particulars
B2-pay in slip
Pw1-Complainant
Dw1-Joy PP - Witness of OP
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
