DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 288/2014
D.No- ___________________ Date: ________________
IN THE MATTER OF:
MOHD. YUSUF S/o MOHD. ISLAM,
R/o H-3/1035, JAHANGIR PURI,
DELHI-110033. … COMPLAINANT
Versus
CANARA BANK,
(THROUGH ITS MANAGER),
AZADPUR BRANCH,
AZADPUR, DELHI-110033.… OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
Date of Institution: 05.03.2014
Date of Decision: 26.09.2017
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the complainant is having saving account in Canara Bank bearing account no. 2006101012566 with OP and the
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complainant visited the ATM on 24.08.2012 to withdraw Rs.8,000/- and the amount was not released by the ATM-Machine but the account has been reduced by an amount of Rs.8,000/-. The complainant further alleged that the complainant made complaint to OP on 03.09.2012 and on 08.10.2012, OP credited a sum of Rs.8,000/- in his account. On 04.01.2013, the complainant visited the ATM-Machine to withdraw Rs.4,000/- and again the amount was not released by the ATM-Machine and again the complainant made complaint to the bank and on 11.01.2013 OP credited Rs.4,000/- in his account. On 03.06.2013, the complainant visited the ATM to withdraw the amount of Rs.2,000/- and on the same day the complainant came to know that less balance has been shown in his account and on the same day i.e. on 03.06.2013 after being fed-up with the irregularities, the complainant requested OP to close/cancel the ATM facility and gave a written request to OP to close the ATM. Further the amount of Rs.10,000/- was shown as withdrawn on 06.06.2013 from ATM and Rs.3,000/- shown as withdrawn on 12.06.2013 from ATM. The complainant further alleged that in this regard, the complainant visited the Manager of OP and the Manager of OP assured the complainant that the amount will be credited again like previous time. The
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complainant further alleged that the complainant asked the officials of the OP that when the complainant had given written request to close/cancel the ATM, then how the amount is withdrawn from ATM after 03.06.2013 and OP did not give response and there is an act of deficiency in service on the part of OP.
2. On these allegations the complainant filed the present complaint praying for direction to OP to refund amounts of Rs.10,000/- and Rs.3,000/- wrongly debited from his account alongwith 18% interest p.a. till its realization as well as compensation of Rs.50,000/- for damages, harassment and mental agony and has also sought of Rs.7,000/- for cost of litigation.
3. The OP has been contesting the case and filed written statement wherein OP submitted that the complaintis not maintainable and same is liable to be dismissed. OP further submitted that a letter dated 03.06.2013 of the complainant has not been submitted/served to OP and the acknowledgement on the letter was cleverly obtained by the complainant without depositing the letter and ATM card which was necessary to deposit for cancellation of the ATM service and the used ATM card as alleged by the complainant on 06.06.2013 itself evidentiary that the
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complainant did not deposit the ATM card and letter dated 03.06.2013 to OP.
4. The complainant filed rejoinder to the written statement of OP and denied the contentions of OP.
5. In order to prove his case the complainant filed his own evidence by way of affidavit and the complainant also filed written arguments. The complainant also filed copy of letter dated 03.06.2013 written by the complainant to OP having endorsement “Pl. verify the signature and cancel the ATM card”, copy of letter dated nil written by the complainant to OP received by OP on 30.07.2013 seeking refund, copy of complaint dated 13.08.2013 lodged to the police and copy of statement of account of the complainant. The complainant also filed copy of notification issued by RBI.
6. On the other hand on behalf of OPSh. Harjeet Singh,Branch Manager of OP filed his affidavit in evidence which is as per lines of defence taken by OP in the written statement and also filed written argument.
7. We have heard submissions of counsel for the parties and perused the record.
8. This Forum has considered the case of the complainant in the light of evidence of both the parties and documents placed on
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record by the complainant. The case of the complainant has remained consistent and undoubted and there is nothing on record todisbelieve the case of the complainant. We find no justification in the defence of OP that the complainant has cleverly obtained endorsement from the bank official on the letter dated 03.06.2013 for closure of ATM facility. The previous conduct of the OP also shows that there has been some irregularities in the ATM and the OP has earlier credited the amounts in the account of the complainant on 2 occasions. Thus, OP is not justified in contending that the complainant has used ATM card for withdrawal of amounts of Rs.10,000/- and Rs.3,000/- on 06.06.2013 & 12.06.2013 respectively. After receiving written requestvide letter dated 03.06.2013 OP ought to have taken care of inclosing and withdrawing ATM facility to the complainant which OP has failed. Thus, we are of opinion that OP has failed to prove its defence.
9. Accordingly, OP is held guilty of deficiency in service. Accordingly, this forum orders as follows:
i) To pay to the complainant an amount of Rs.13,000/- being the amount wrongfully & debited in the account of the complainant.
ii) To pay to the complainant an amount of Rs.6,000/- as compensation for harassment and mental agony suffered.
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iii) To pay to the complainant an amount of Rs.4,000/- as cost of litigation.
10. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
11. 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 26thSeptember, 2017.
BARIQ AHMED M.K. GUPTA
(MEMBER) (PRESIDENT)
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