DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.662/2008
Sh. Mohan Lal
S/o Sh. Jai Singh
NDMC Electric Sub Station
L. N. Bhawan
New Delhi-110003 ….Complainant
Versus
The Manager
Central Bank of India
Lok Nayak Bhawan
Khan Market, New Delhi-110003 ……Opposite Party
Date of Institution : 08.10.08 Date of Order : 01.10.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated the case of the Complainant is that the Complainant is maintaining his Saving Bank Account No.1065410437 with the OP. On 04.05.2008 he did not withdraw amount of Rs.7000/- from his account but the OP bank withheld the amount of Rs.7000/- and not credited the said amount in his bank account despite several requests made by him. He also wrote a complaint to the OP bank to rectify the error but to no avail. The amount of Rs.67/- only was lying as balance in the account of the Complainant between 02.05.08 & 30.05.08 and, therefore, the question of withdrawal of Rs.7000/- does not arise. Hence, pleading deficiency in service on the part of OP the complaint has been filed for the following reliefs:-
- Direct the OP to reverse and restore the entry of Rs.7000/- in the saving bank account of the Complainant.
- Direct the OP to pay to the Complainant Rs.50,000/- as damages for causing mental tortures and harassment to the Complainant.
OP in the written statement has stated that the Complainant had used his ATM Card for withdrawal of Rs.7000/- on 04.05.08 from his Saving A/c No.1065410437 maintained with the OP and after confirmation of the said transaction from the Electronic Journal the amount of Rs.7000/- had been debited to the account of the Complainant. When a transaction is made on the ATM, it is recorded in the Electronic Journal of the machine at the premises and also at the ATM Project Department of the Bank at Navi Mumbai. As per the Electronic Journal of the concerned Branch ATM, the transaction dated 04.05.08 with card No.5044370310005909 for withdrawal of Rs.7000/- bearing authorization/Org. ID No.483643 was made. Generally the amount of withdrawal through the ATM is automatically debited to the A/c of the account holder. However, in the present case due to loss of connectivity in the system the amount of withdrawal of Rs.7000/- on 04.05.08 though recorded in the Electronic Journal of the OP and with the ATM project Department, was not automatically debited to the A/c of the Complainant. On the basis of In switch not in Branch Transaction Report for the period 01.05.08 to 31.05.08, the A/c was to be debited but could not be debited as the balance was not sufficient; hence there was no option to put a hold of Rs.7000/-. The account of the Complainant had been debited as he withdrew the amount on 04.05.08. It is stated as follows:-
“4 That vide letter dated nil, the Complainant wrote to the O.P repudiating his liability of Rs.7000/- for the transaction dated 04.05.08 and requested the O.P Bank to lift the hold. The matter was taken up with ATM project Department vide letter dated 12.07.08. That consequently instructions vide letter no: co: ATM: PROJ: Reversal 2007:08 : 1477 dated 15.07.08 for ATM Project Department confirming the said transaction as successful one at ATM level was received.
Copy of the latter dated nil is annexed as ANNEXURE C.
Copy of the letter dated 12.07.08 is annexed as ANNEXURE D. Copy of the said letter dated 15.07.08 is annexed as ANNEXURE E.
After confirmation from the ATM Project Department, the A/c of the complainant was debited with Rs.7000/- on 31.07.08.”
OP has prayed for dismissal of the complaint.
Complainant has filed rejoinder to the written statement of OP. It is, inter-alia, stated that he had never used the ATM card on the alleged date.
Complainant has filed his own affidavit in evidence while affidavit of Sh. R. K. Gupta, Senior Manager has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the Complainant and have also gone through the file very carefully.
The only question to be decided by this Forum is, whether on 04.05.08 the Complainant had withdrawn the amount of Rs.7000/- or not through his ATM card.
According to the Complainant he did not withdraw the said amount of Rs.7000/- on 04.05.08 as there was a balance of Rs.67/- only. On the other hand, the OP has filed “ATM Project Department, CBD, Belapur In Switch not in Branch Transaction Report” for the period 01.05.08 to 31.05.08 of the Khan Market Branch, Delhi of the OP Bank which shows that on 04.05.08 at Lok Nayak Bhawan the amount of Rs.7,000/- was withdrawn through card No.5044370310005909 and the transaction was successful. The OP in the written statement has stated that when the transaction took place on 04.05.08 at that time due to loss of connectivity in the system the amount of withdrawal of Rs.7000/- though recorded in the Electronic Journal of the OP and with the ATM project Department, was not automatically debited to the A/c of the Complainant. The Complainant has not filed any document to show that he had not withdrawn the said amount of Rs.7,000/- from his account on 04.05.08. Therefore, the Complainant has failed to prove any deficiency in service on the part of OP. Accordingly, we dismiss the complaint with no order as to costs.
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 01.10.2016.
