BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C. No. 04 OF 2019
Present: Miss Sudhiralaxmi Pattnaik - President (I/c).
Sri Purna Chandra Tripathy - Member.
Sri Bansidhar Barik
At/Po-New Bus stand, Phulbani.
Dist- Kandhamal. ………………. Complainant
-Versus-
Chief Manager
State Bank of India
At/Po- Main Road, Phulbani.
Dist-Kandhamal. ………………. Opposite-Party.
For the Complainant: Self.
For the Opp. Parties: Advocate Sri V.V Ramdas, Phulbani.
Date of order: 6th April 2021.
The brief fact of the case is that the complainant has a Savings Bank Account bearing No-32061465094 in the branch of OP. On dated 01/08/2018 the Complainant went to the ATM counter of UCO Bank at Phulbani for withdrawal of cash of Rs. 10,000/- and followed the procedure to get the withdrawal amount from the ATM, but unfortunately the amount did not dispense. So on dated 05/09/2018 the Complainant made a complaint in writing before the OP and later approached the Consumer Counseling Center, Phulbani to redress his grievance. On the notice of the Consumer Counseling Center, on dated 12/02/2019 the OP submitted a reply before the counseling centre where the OP stated the alleged transaction was successful one, so the bank is not liable to pay or refund the debited amount to the Complainant. Being aggrieved on the reply of the OP, the this complaint filed through the Consumer Counseling Center, Phulbani with a prayer to issue direction to the OP for refund the debited amount of Rs. 10,000/- along with compensation of Rs.10, 000/-. In the complainant petition the complainant prayed before this forum to call for the C.C T.V footage in order to ascertain the fact of the case. After gone through the petition, the case of the Complainant case admitted and issued notice to the OP. On receipt the notice, the OP appeared and filed version through advocate. In the version the OP denied the allegation made by the complainant and stated that the complainant did not mention the name of the ATM counter and amounts withdrawn along with the date and time of said transaction. Further the OP denied to receipt of any complaint lodged in the concerned branch or before any higher authority for settlement of his claim, and still the Complainant has been using the ATM card till date without any complaint. We persuse the entire petition, documents and evidence affidavit filed by the complainant and the written version of the OP. We are of the considered view that the complainant has a Saving Bank Account bearing No- 32061465094 under the OP. On careful scrutiny of the Account statement, it reveals that an amount of Rs 10,000/- withdrawn from the UCO Bank ATM on dated 01/08/2018. The OP admitted the lodging of complaint on dated 05/09/2018 vide letter No- 01/12-02-2019 regarding non-receipt of cash from UCO Bank ATM on 01/08/2018 and in this connection OP lodged complaint before the Banks Internal Complaint Management System for non-receipt of the cash also brought into the knowledge of UCO Bank. In reply the U.C.O Bank on dated 28/09/2018 confirmed the transaction was a successful. During the course of hearing the OP did not furnish the CC TV footage as claimed by the complainant in the petition. The Reserve Bank Of India issued a guideline that the complaint of customers should be resolved within seven working days , in default the bank shall liable to compensate the customer Rs 100/- per day . So it is crystal clear that the OP has committed the gross negligence and deficiency in rendering proper service towards the complainant. Hence order.
O R D E R
The Complainant case is allowed against the OP. Therefore the OP is directed to credit an amount of Rs. 10,000/- in the account of the complainant with interest @ 6% P.A from the date of filing of the case i.e. 13/02/2019, apart from it is directed to pay Rs. 1,000/- towards compensation within 45 days from the receipt of this order failing which the awarded amount shall carry 9 % from the date of filing to till the date of realization. Accordingly the C.C is disposed off.
Order pronounced in the open court today on this 6th the day of April 2021.
Supply free copies to both the parties free of cost.
MEMBER PRESIDENT.
