Haryana

StateCommission

A/224/2016

PUNJAB NATIONAL BANK - Complainant(s)

Versus

DEEPAK RAWAT - Opp.Party(s)

HARINDER KUMAR

02 Dec 2016

ORDER

SUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  : 224 of 2016

Date of Institution: 15.03.2016

Date of Decision : 02.12.2016

 

The Branch Manager, Punjab National Bank, NIT, Faridabad.

                                      Appellant-Complainant

 Versus

 

Deepak Rawat S/o Sh. Sh. Madan Singh Rawat, resident of House No. 96, Khand-B, Gali No. 22, Jawahar Colony, NIT, Faridabad.                                    

                                      Respondent- Opposite Party

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Argued by:          Sh. Harinder Kumar, Advocate for the appellant.

                             None for the respondent.

                                               

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Punjab National Bank-opposite party is in appeal against the order dated 01.02.2016 passed by the District Consumer Disputes Redressal Forum, Faridabad (in short, ‘District Forum’) vide which the complaint was allowed and opposite party was directed to credit an amount of Rs.10,000/- in saving bank account of the complainant alongwith interest at the rate of 9% p.a. from the date of debit till its realisation and Rs.2200/- on account of mental agony and Rs.1100/- as litigation expenses.

2.      Deepak Rawat-complainant filed complaint with the allegations that he is maintaining a saving bank account No. 0167000101113058 with opposite party in the Branch Office NIT, Faridabad.  He has been issued ATM Card. On 22.03.2012, he used ATM machine installed by Axis Bank at Saran Chowk, Faridabad and on account of some technical fault though the amount was not disbursed, however, it was debited from his account.  Complainant immediately complained to the customer care of opposite party vide complaint No. 57495489 followed by another complaint No.57495360.  Complainant was assured that the amount would be credited in his account within 30 days but was not credited. The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

3.      Notice being issued. The opposite party contested the complaint by raising plea that the complaint was bad for non joinder of the necessary party, because Axis Bank was not impleaded as a party in the complaint. Log Book dated 22.03.2012 of Axis Bank shows that the amount has been disbursed. It has been stated that PNB was fully computerized and no manual transaction was allowed and there was no scope of any deficiency in service.  

4.      District Forum after hearing both the parties allowed the complaint and issued directions to the appellant as mentioned in opening para of this order.

5.      Opposite party has come up in appeal.

6.      Heard. File perused.

7.      The only plea of the appellant is that as per log book of Axis Bank dated 22.03.2012 the transaction was successful however, the appellant did not produce copy of JP print roll of the particular date of Axis Bank in support of their contention that the transaction was successful. Even along with appeal, the appellant- opposite party did not enclose the copy of the same. Opposite party did not ever produce the CCTV footage.  Non-production of best evidence by the appellant raises an inference against them and therefore an adverse interference has to drawn against the appellant.  The non-production of record which was lying with the appellant was itself sufficient to allow the complaint.  Thus the District Forum has rightly allowed the complaint.  Accordingly, the appeal is dismissed. 

8.      The statutory amount of Rs.8400/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules.

 

 

Announced 02.12.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

DK