Haryana

Ambala

CC/242/2018

Anshul - Complainant(s)

Versus

GM SBI - Opp.Party(s)

26 Mar 2019

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                                      Complaint case no.        : 242 of 2018

                                                          Date of Institution         : 01.08.2018

                                                          Date of decision    : 26.03.2019

 

 

 Anshul d/o Sh. Rajiv Kumar age about 22 years resident of H.No. 849/2, Street Hari Mandir, Patel Road, Ambala City.

    ……. Complainant.

 

 

1.  General Manager, State Bank of India, Local Head Office, Sector-17-B, Chandigarh-160017

2.  A.G.M. State Bank of India, Head Branch, Court Road, Ambala City-134003

3.  Branch Manager, State Bank of India, Polytechnic Chowk, Ambala City-134003.

 

 .…. Opposite Parties.

 

 

Before:        Ms. Neena Sandhu,  President.

                   Ms. Ruby Sharma, Member,

Sh. Vinod Kumar Sharma, Member

                  

 

Present:        Sh. Rajesh Sharma, counsel for complainant.

 Sh. Udai Singh Chauhan,  counsel for OPs.

 

 

Order:         Smt, Neena Sandhu, President

Complainant has filed this compliant under Section 12 of the Consumer Protection Act, 1986(hereinafter referred to as ‘the Act’) against the Opposite Parties(hereinafter referred to as ‘Ops’) praying for issuance of  following directions to them:-

1. To pay or credit Rs.20,000/- in the account of complainant alongwith @18% p.a. w.e.f. 17.05.2018.
2. To pay of Rs.50,000/- as compensation for financial loss, mental agony and physical harassment suffered by her. 
3. To pay Rs.11,000/- as cost of litigation.

Or

any other relief whichthis Hon’ble Forum may deemfit.

 

                   In nutshell, brief facts of the present complaint are that the complainant is having a saving account no.33426389838 with OP No.3 and also using ATM card on the said saving account. The complainant  used ATM of State Bank of India, Jagadhri Gate, Ambala City on 17.5.2018 at about 4:32 for withdrawal of Rs. 20,000/-. But she did not get any money from the said ATM machine and the machine showed that her transaction was cancelled. However, at about 4:36 pm, complainant received a message on her mobile, regarding withdrawal of Rs. 20,000/- from SBI ATMSIN000608058, whereas she did not receive any money. Ops wrongly debit Rs. 20,000/- from her account, on the basis of said transaction. The complainant immediately made a complaint to OPs and she received a message on 17.5.2018 at about 5:19 p.m. from BX-SBIPSG that her complaint has been registered. Instead of resolving the matter, the OPs rejected her complaint with remarks “CLAIM REJECTED” on 19.05.2018 at about 4:39 p.m. The complainant again made a complaint to the OP No.3, on 21.05.2018 that she did not get any money from ATM machine but an amount of Rs. 20,000/- has been deducted from her account. But no action was taken by the OP No.3. Complainant also served a registered AD legal notice dated 09.07.2018 upon the OPs but they neither replied the said notice nor credited the amount of Rs. 20,000/- in her account. Hence, the present complaint.

2.               Upon notice, OPs appeared through counsel and tendered written version, raising preliminary objections qua complaint is not maintainable, concealing the true and material facts, no jurisdiction, compliant is baseless and no locus standi. On merits, it is stated that the alleged transaction was failed due to technical reason which is beyond the control of OPs and having no manual intervention, as the services of the ATM depends on the connectivity and response of the server as well as speed of the internet/connectivity. The complainant  made a complaint  to the OPs which was taken on record and OPs  put their  great efforts  to resolve the matter. The ATM machines of State Bank of India are being maintained and controlled by third party agencies throughout India and the entire responsibility of any discrepancy in the transaction is solely of the third party agencies, as per internal agreement between State Bank of India and third party agencies. The movement, OPs got the complaint from the complainant, they immediately forwarded the same to the concerned third party agency to get it resolved or to refund the amount, in case transaction being unsuccessful. Ultimately, the OPs got the confirmation from their third party agency that the transaction of the complainant was unsuccessful. The OPs, thereafter credited the disputed amount of Rs. 20,000/- in the account of the complainant on 11.09.2018. As such there is no deficiency in service on the part of the Ops and thus the present complaint is liable to be dismissed with cost. 

3.                On being called upon to do so, the learned counsel for the complainant tendered the affidavit of the complainant as Annexure C-A along with documents, Annexure, C-1 to C-14 and closed the evidence. On the other hand, learned counsel for the OPs tendered affidavit of Sh. Inder Narang, Chief Manager, SBI Bank, Ambala as Annexure R-A alongwith documents, Annexure, R-1 to R-5 and closed the evidence.

4.                We have heard both the counsel of the parties and carefully gone through the case file.

5.                At the outset, the learned counselfor the OPs have vehemently argued that the OPs have already credited the amount of Rs. 20,000/- in the account of the complainant on 11.09.2018. Since the grievance of the complainant has already been redressed, therefore, the complaint filed by the complainant is liable to be dismissed. 

          On the other hand, the learned counsel for the complainant has submitted that complainant used the ATM machine of SBI bank, op No.3, on 17.05.2018 for withdrawal of Rs.20,000/-. During transaction, complainant did not receive any money and received a message that transaction was cancelled, inspite of that the OPs debited Rs. 20,000/- from her account. Complainant lodged a complaint with the OPs but the same was rejected by them. As such complainant left with no other alternative and has filed the present complaint on 01.08.2018. On 11.09.2018, the OPs credited the amount of Rs. 20,000/- in her account which was wrongly debited by them. Since, the OPs have credited the said amount i.e. Rs.20,000/- in her account during the pendency of the complaint, therefore, they are liable to compensate the complainant for the financial loss, mental agony and physical harassment suffered by her.

6.                The present complainant has been filed by the complainant on 01.08.2018 to get back the amount of Rs. 20000/- which was wrongly debited from her account by the OPs on 17.05.2018.  The present complainant has been filed by the complainant on 01.08.2018. The Ops credited the amount Rs.20,000/- in the account of the complainant on 11.09.2018, as such the main grievance of the complainant has been redressed by the OPs. Since the OPs have credited the said amount of Rs. 20,000/- in the account of the complainant after a delay of about 5 months from the date of occurrence of the incidence and that too during the pendency of the complaint,  therefore, we are of the view that OPs are liable to compensate the complainant for the mental agony and physical harassment suffered by her. They are also liable to pay the litigation expenses.

 7                In view of the aforesaid discussion, we hereby partly allow the  complaint and direct the OPs in the following manner:-

1. To pay Rs. 5,000/- as compensation to the complainant for mental agony and physical harassment caused to her.
2. To pay Rs. 3,000/- as litigations expenses.

 

The OPs is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which they shall interest @9% per annum of the amount of Rs.5,000/- for the period of default. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :26.03.2019

 

 

 

          (Vinod Kumar Sharma) (Ruby Sharma)     (Neena Sandhu)

              Member                        Member             President