Delhi

North East

CC/47/2021

Sh. Om Prakash - Complainant(s)

Versus

Corporation Bank - Opp.Party(s)

14 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.  47/21

 

In the matter of:

 

	Sh. Om Prakash S/o Late Sh. Son Pal R/o Jhuggi No. E-57/A-353, Sunder Nagri, Delhi-93	Complainant
	Versus
	Corporation Bank, ( Now Union Bank of India) Branch G.T.B Enclave, Nutan Vidya Mandir, Delhi 110093. Through It’s Branch Manger	Opposite Party

 

DATE OF INSTITUTION:       JUDGMENT RESERVED ON:                           DATE OF ORDER:

22.03.2021 29.08.2022 14.10.2022

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

      Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that Complainant was having a savings bank account bearing no. 520101018447941 for a long time with Opposite Party. The Complainant stated that on 04.11.19 at 11:04 a.m. Complainant got a message on his mobile phone that Rs. 4,000/- were debited from his account whereas the Complainant did not withdraw the said amount. The Complainant stated that after receiving the message the Complainant approached Opposite Party and brought the fault of the bank in the knowledge of the officials of Opposite Party, then the officials of the Opposite Party advised him to move a written complaint in the bank. The Complainant stated that on 11.11.19, he moved a written compliant to Opposite Party vide CRM  20711911119995 and thereafter the Complainant also gave his complaint to the concerned police station on 25.11.19 and after that the said police complaint was handed over to the officials of Opposite Party on 25.11.19. The Complainant submitted that on 28.11.19, the Opposite Party had refunded the said amount of Rs. 4,000/- in the account of the Complainant and the said facts were also confirmed by the officials of Opposite Party through mobile no. 87007166303 and 9013435089 from the Complainant. On 03.02.20, the Complainant again got a message that Rs. 4,000/- were debited from his account. After receiving the message, the Complainant approached Opposite Party and the officials of Opposite Party assured the Complainant that the said amount would be refunded to his account soon. The Complainant submitted that despite giving the assurance to refund the said amount, the Opposite Party concocted a communication letter vide reference no. NVM:OR:463:201920 dated 12.02.20 intimating the Complainant that the claim of Rs. 4,000/- has been repudiated and is not treated as fraud without giving any sufficient reason and explanation. The Complainant stated that Rs. 4,000/- were debited from his account and the Complainant did not use any ATM card nor withdrew the said amount from his account but no reasonable reason has been assigned while rejecting the claim of the Complainant despite making several requests. The Complainant submitted that he sent a legal notice to Opposite Party dated 15.02.21. The claim of the Complainant is rejected and the said amount was not refunded to the Complainant. Hence, this shows deficiency on the part of Opposite Party. Complainant has prayed to direct the Opposite Party to refund the withdrawal amount of                 Rs. 4,000/- along with interest. He has also prayed for Rs. 50,000/- for mental harassment and Rs. 15,000/- for litigation charges.
2. None has appeared on behalf of Opposite Party to contest the case despite service of notice on 23.04.21. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 29.03.22.

Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments and conclusion

4. We have heard the Ld. Counsel for the Complainant and we have also perused the file. The case of the Complainant is that on 04.11.19 he received a message on his mobile phone that an amount of Rs. 4,000/- was debited from his account whereas he did not withdraw any such amount. He brought this fact to the notice of Opposite Party and thereafter an amount of Rs. 4,000/- was credited in his account. But thereafter again on 03.02.20, he received a message from the bank on his mobile phone that an amount of Rs. 4,000/- was debited from his account. He again approached the bank and told this fact to the bank that he did not withdraw any such amount. He was assured by the Opposite Party that the said amount would be credited to his account. But despite his various requests, the said amount was not credited in his account. The Complainant has supported his case by way of affidavit and has also filed copy of his bank passbook and the printouts of the SMS received by him. On the other hand, the Opposite Party did not contest the case despite service of notice. Therefore, under these circumstances, the case of the Complainant stands proved.
5. In view of the above discussion, the complaint is allowed. Opposite Party i.e. Corporation Bank (Now Union Bank of India) is directed to pay an amount of Rs. 4,000/- to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. The Opposite Party shall also pay an amount of Rs. 10,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @  6 % p.a. from the date of this order till recovery.  
6. Order announced on 14.10.2022.

                               Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President