Date of filing:- 02/04/2015.
Date of Order:- 11/01/2017.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (COURT)
B A R G A R H
Consumer Complaint No.22 of 2015
Malaya Kumar Mohanty, S/o Late- Jagdish Chandra Mohanty, aged about 57 years, At:- Shakti Nagar, Ward No-11, Po/Ps/Dist- Bargarh. . ..... ..... ..... Complainant.
-: V e r s u s :-
The State Bank Of India through Chief Manager, State Bank of India, Bargarh Main Branch, At/Po/Dist;-Bargarh, Pin- 768028.. ..... ..... ..... Opposite Party.
Counsel for the Parties.
For the Complainant:- Sri P.K.Mahapatra, Advocate with other Advocates.
For the Opposite Party:- Sri B.Behera, Advocate with other Advocates.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.
Dt.11/01/2017 -: J U D G E M E N T :-
Presented by Sri K.P. Mishra, President:-
Brief Fact of the case :-
The brief fact of the case of the Complainant is that, he being a Govt. servant having a Savings Bank Account in the Branch office of the Opposite Party vide Account No. 30270399396 having being issued with ATM facility vide No. 6220180002500123837 and was dealing with Opposite Party Bank as such is a consumer of the Opposite Party.
In course of time on Dt. 03/04/2013 due to some of his urgent requirement while he had been to Attabira wanted to withdraw Rs.20,000/-(Rupees twenty thousand)only from State Bank Counter of Attabira Branch ATM in between 12 P.M. to 1P.M. wherein two ATM counter were there but when he pushed in to one of the counter to withdraw Rs. 20,000/-(Rupees twenty thousand)only he failed due to some problem occurred in the said counter so he tried in the said second ATM counter there he withdrawn the said amount of Rs. 20,000/-(Rupees twenty thousand )only successfully.
Subsequently when he updated his pass book of his said account number he found that an excess amount of Rs. 20,000/-(Rupees twenty thousand)only has been shown to have been withdrawn from the said failure ATM counter of Attabira Branch vide Transaction No. 601(six hundred one) on the same day as mentioned above though it was not withdrawn due to some problem occurred by then in the said counter and being surprised immediately brought the fact to the notice of the Chief Manager the Opposite Party and as per his instruction the Complainant lodged due complain before him about the facts in the prescribed form supplied by the Opposite Party. Further as per his instruction the Complainant also informed about the same to the Area Manager(ATM), Sambalpur for necessary action and both of them also assured him to get back his money soon.
Further the case of the Complainant is that he reminded the Opposite Party for several time to credit his said amount of money to his account but the Opposite Party with a malafied intention to defraud his interest the Opposite Party instructed him to lodge a report before the police after a long gap to which also the complainant complied immediately after his instruction which was registered as F.I.R. No. 121(2)Dt. 01/08/2013 and submitted copy of the same to the Opposite Party further his case is that he came to know that the Opposite Party is not co-operating the police personel by providing the C.C.T.V camera footage of the relevant date, or necessary document of the relevant date to the police. To facilitate them to ascertain the cause of such incident, the action of the Opposite Party amounts to deficiencies as neither the Opposite Party has taken any measure to credit the said amount in the account of the Complainant nor giving any reasonable explanation to him even after several request and ultimatum by giving notice through his advocate and has slept over the matter till yet. Thus the case has been filed along with some documents, the police papers with a prayer to direct the op to credit Rs.20,000/-(Rupees twenty thousand)only with a pendentelite interest @ 18% (eighteen percent) per annum from Dt. 03/04/2013 up-to-date along with a compensation amount Rs.10,000/-(Rupees ten thousand)only against mental agony caused to the Complainant due to the unfair trade practice on the part of the Opposite Party and Rs. 10,000/-(Rupees ten thousand)only for litigation expenses.
On perusal of record and hearing the matter from the advocate for the Complainant the case was admitted and on being notice the Opposite Party appeared before the Forum and filed his version admitting that the Complainant is having his account in his Bank but has denied the case of the Complainant with a plea that he has withdrawn the said disputed amount and in it’s support has filed some documents and also has admitted the complaint of the Complainant that the same allegation of the Complainant could not be ascertain with out proper investigation since the incident has happened in another branch. And has prayed to dismiss the case.
Having gone through the materials available in the record along with pleading and the version of the respective parties we feel to examine two points as follows to adjudicate the case.
Whether any problem in the alleged A.T.M. counter has occurred at the time withdrawal of Rs.20,000/-(Rupees twenty thousand)only by the Complainant.
Whether the Complainant is entitled for refund of the amount of Rs.20,000/- (Rupees twenty thousand)only and compensation amount for his mental agony.
While dealing with the case, we clubbed both the point together for determination, we perused all the materials available in the record very carefully and found that as per the allegation made by the complainant, immediately after the said incident he has reported the same to the appropriate authority concerned i.e. the Opposite Party and with his instruction he has reported the same with a prescribe form and also has followed of by reminding for time and again and also subsequently thereafter with his instruction has reported about the same to the police and also has complied with all the formalities instructed by the Opposite Party so in our view the Complainant has performed his part of duty.
It reveals from the record that it was the prime duty of the Opposite Party, immediately after getting such an information he should have taken all sorts of measure to ascertain the fact of the case by referring the C.C.T.V camera footage on it’s own motion, should have verified the account of the Complainant and should have taken all possible measure to ensure the cause of such a mis-happening but in stead of that on Dt. 23/12/2015 the Opposite Party has sent a letter through e-mail to one Satya Prakash Nayak team leader NCR corporation IND. Pvt. Ltd to provide C.C.T.V. camera footage and the report of transaction of the date concerned after the direction of the Forum on the petition filed by the Complainant i.e. on Dt.09/12/2015.
So it is proved that till he has slept over the matter, knowing fully well that any footage of a C.C.T.V beyond 180(one hundred eighty) days from the date of recording could not be retrieved, this information could be a elucidated from the document filed by the Opposite Party before the Forum.
Hence in view of the aforesaid fact and circumstances, we are of the view that the Opposite Party has willfully neglected the case of the Complainant which amounts to unfair trade practice leading to deficiency of service on his part as such is liable for such of his action under the provision of the Consumer Protection Act 1986. Hence our answered in favor of the Complainant accordingly. Hence order as follows.
O R D E R
Hence the Opposite Party is directed to credit an amount of Rs.20,000/-(Rupees twenty thousand)only in the said account of the Complainant with an interest @ 12% (twelve percent) per annum from the date of the incident i.e Dt. 03/04/2013 till the date of order i.e. Dt. 11/04/2016 within one month of the date of order in default of which, the same would carry an interest @18% (eighteen percent) per annum till realization of the same.
Secondly, the Opposite Party is directed to pay an amount of Rs 10,000/- (Rupees ten thousand)only to the Complainant as compensation as he has undergone a great mental agony in the mean time, and also the Opposite Party is further directed to pay Rs. 2,000/-(Rupees two thousand)only as litigation expenses within one month of the order. In default which an interest @ 18%(eighteen percent) per annum would carry on the total amount till realization of the same.
Complaint is allowed and disposed off accordingly.
Hence the order is pronounced in the open Forum today.
Typed to my dictation
and corrected by me.
(Sri Krishna Prasad Mishra)
P r e s i d e n t.
I agree,
(Sri Pradeep Kumar Dash)
. M e m b e r.
