ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1149 OF 2023
(Against the order dated 05-06-2023 in Complaint Case No.27/2012 of the District Consumer Commission, Bhadohi)
Santosh Kumar Dubey
S/o Mani Lal Dubey
R/o Bairibisa, Post Bairibisa
Thana Gopiganj
District Sant Ravidas Nagar
Bhadohi
...Appellant
Vs.
01.Chief Branch Manager
Punjab National Bank
Branch Station Road
Bhadohi
District Sant Ravidas Nagar
Bhadohi
02.Dy. General Manager
Punjab National Bank
Office-S 20/56, D. Thi Sal Cannedy Raod
Cantt, Varanasi
03.Chief Branch Manager
State Bank of India
Gopiganj
District Sant Ravidas Nagar
Bhadohi
...Respondents
BEFORE:
HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT
For the Appellant : Sri R K Mishra, Advocate.
For the Respondent :
Dated : 27-07-2023
JUDGMENT
MR. JUSTICE ASHOK KUMAR, PRESIDENT
This is an appeal under Section-41 of the Consumer Protection Act, 2019 against the judgment and order dated
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05-06-2023 passed by the District Consumer Commission, Bhadohi in Complaint Case No.27/2012 by which the complaint of the complainant has been dismissed.
The facts of the case stated in brief are that the complaint has been filed by the complainant/appellant Sri Santosh Kumar Dubey before the learned District Consumer Commission, Sant Ravidas Nagar with the allegation that the complainant was having a saving bank account with Punjab National Bank and he has been issued an ATM Card of Punjab National Bank. On 10-08-2008 the complainant wants to withdraw Rs.2,000/- from the ATM of State Bank of India but due to mistake entry of Rs.20,000/- in place of Rs.2,000/- has been made by the complainant in the ATM machine but the cash could not come out from the ATM machine and Rs.20,000/- has been debited from the account of the complainant. The complainant made several complaints to the authorities of the Bank but no action has been taken by the bank, hence the complainant has filed the complaint before the learned District Consumer Commission for deficiency in service committed by the opposite parties and prayed for compensation.
The opposite parties No. 01 and 02, Punjab National Bank has contested the case before the learned District Consumer Commission and have filed their written statement denying the allegations made by the complainant in his complaint.
It has been stated by the opposite parties No. 01 and 02 in their written statement that the complainant has withdrawn Rs.20,000/- from the ATM through his ATM Debit Card on 10-08-2008.
It has been further stated by the opposite parties No. 01 and 02 in their written statement that the State Bank of India has issued the receipt of successful transaction which proves that the complainant has withdrawn the amount from the ATM machine.
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It has been stated by the opposite party in the written statement that if a transaction is incomplete and the cash could not come out from the machine then in that situation the transaction will show unsuccessful. If the transaction is successful then the account holder cannot raise any dispute with regard to the entry made in the account. The complaint is liable to be dismissed.
The opposite party No. 03, State Bank of India has contested the case before the learned District Consumer Commission and has filed its written statement denying the allegations made by the complainant in his complaint.
It has been stated by the opposite party No.3 State Bank of India in its written statement that no record with regard to the account of the complainant with Punjab National Bank and also the record of the ATM Card of the complainant is available with the opposite party No.3 and no complaint has been made by the complainant with regard to the aforesaid transaction otherwise the footage of the CCTV will be kept safely.
It has been further stated by the opposite party No.3 in its written statement that it has provided the receipt of successful transaction to the complainant through the opposite party No.01 which clearly establishes that transaction for withdrawal of Rs.20,000/- is successful and no deficiency in service has been committed by the opposite party No.03 and the complaint is also time barred.
The learned District Consumer Commission after hearing the Counsel for both the parties and perusing the materials available on record and the evidence adduced by both the parties came to the conclusion that the opposite parties have not committed any deficiency in service and has dismissed the complaint
Being aggrieved with the impugned judgment and order the complainant has come up in appeal.
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I have heard learned Counsel for the appellant and perused the record.
It has been argued by the learned Counsel for the appellant that the impugned judgment and order has been passed by the District Consumer Commission without proper application of mind and without considering the facts and circumstances of the case. It has failed to consider the matter of complaint case and illegally dismissed the complaint which is liable to be set aside.
Having heard the learned Counsel for the appellant and after going through the material and evidence available on record and particularly the findings recorded by the learned District Consumer Commission, who has taken all care in mentioning the issues in detail and in deciding the same, I am of the opinion that the order passed by the learned District Consumer Commission is fully justified and is correct, as such need no interference and as such is liable to be upheld and the appeal filed by the appellant is liable to be dismissed.
ORDER
Accordingly the appeal is dismissed. The judgment and order of the District Consumer Commission is confirmed.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
( JUSTICE ASHOK KUMAR )
PRESIDENT
Pnt.
