Before the District Consumer Disputes Redressal Forum, Room No. 208 2^nd Floor, District Administrative Complex, Tarn Taran

Consumer Complaint No   :    59 of 2019

Date of Institution               :   16.08.2019

Date of Decision                :   27.01.2020

Rashpal Singh son of Shingara Singh resident of village Jania Tehsil & District Amritsar.

                                                                             …..Complainant

                             Versus

H.D.F.C. Bank Ltd. Branch Jandiala Road Tarn Taran through its Branch Manager.

                                                                             …Opposite Party

Complaint Under Section 12 and 13 of the Consumer Protection Act .

Quorum:                Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

For Complainant                        Sh. Rashpal Singh inperson

For Opposite Party                             Exparte.

ORDERS:

Charanjit Singh, President;

1        The complainant Rashpal Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against H.D.F.C. Bank Ltd. Branch Jandiala Road Tarn Taran through its Branch Manager(Opposite party) on the allegations of deficiency in service and negligence in service on the part of the opposite party with further prayer to direct the opposite party to credit the account of the complainant with Rs. 10,000/- and also prayed Rs. 15,000/- as compensation and Rs.  10,000/- as litigation expenses.

2        The case of the complainant in brief is that the complainant is operating saving bank account having No. 14281050056437 with the opposite party in which the salary of the complainant is deposited by the police Department as the complainant is a employee of Police Department. The complainant also uses debit card to withdraw cash from his above mentioned account and as such on 2.12.2017 when the complainant used his ATM Card in the ATM of ICICI Bank situated at Sultanwind Road Amritsar for withdrawing Rs. 50,000/- by giving command for five times for Rs. 10,000/- each, the complainant only received Rs. 40,000/- from the ATM Machine, although the receipt received by him from the ATM Machine was regarding successful transactions of all the five commands and as such, Rs. 50,000/- was got debited from the account of the complainant but he received Rs.10,000/- less and as such one of the command jumped although he did not receive this amount. The complainant immediately approached the opposite party and informed about it and the opposite party told him that the amount of Rs. 10,000/- will be credited in his account in a couple of days, so the complainant awaited for 3/4 days but the amount was not recovered in his account as told by the opposite party and as such, again approached the opposite party several times and as such moved a written application with the opposite party on 29.6.2019 which was received by him and opposite party assured the complainant that the grievance of the complainant be addressed and the amount will be created in his account. The opposite party is guilty of fault, imperfection, short coming and inadequacy in the quality, nature and manner of performance of service, hence is guilty of deficiency in service. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party. Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, self attested copy of Bank Statement Ex. C-2, Self attested copy of receipt of ATM Ex. C-3, Self attested copy of application Ex. C-4.

3        Notice of this complaint was sent to the opposite party which has been received by opposite party but no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte vide order dated 25.9.2019.

4        We have heard the complainant and have also carefully gone through the evidence and documents on the file.

5        The complainant hasproduced on record his affidavit Ex. C-1and declared thatcomplainant is operating saving bank account having No. 14281050056437 with the opposite party in which the salary of the complainant is deposited by the police Department as the complainant is employee of Police Department. He further declared that the complainant also uses debit card to withdraw cash from his above mentioned account and as such, on 2.12.2017 when the complainant used his ATM Card in the ATM of ICICI Bank situated at Sultanwind Road Amritsar for withdrawing Rs. 50,000/- by giving command for five times for Rs. 10,000/- each, the complainant only received Rs. 40,000/- from the ATM Machine, although the receipt received by him from the ATM Machine was regarding successful transactions of all the five commands and as such, Rs. 50,000/- was got debited from the account of the complainant but he received Rs.10,000/- less and as such, one of the command jumped although he did not receive this amount. The complainant immediately approached the opposite party and informed about it and the opposite party told him that the amount of Rs. 10,000/- will be credited in his account in a couple of days, so the complainant awaited for 3/4 days but the amount was not recovered in his account as told by the opposite party and as such, again approached the opposite party several times and as such moved a written application with the opposite party on 29.6.2019 which was received by him and opposite party assured the complainant that the grievance of the complainant be addressed and the amount will be created in his account.  He further contended that the opposite party is guilty of fault, imperfection, short coming and inadequacy in the quality, nature and manner of performance of service, hence is guilty of deficiency in service.

6        From the appreciation of facts and circumstances it has been established that the complainant visited the ATM of ICICI Bank situated at Sultanwind Road Amritsar and used his HDFC Debit Card. He gave five commands to withdrew the amount to the tune of Rs. 50,000/- but he received only Rs. 40,000/- when he received the receipt of Rs. 50,000/-, he immediately brought this fact to the opposite party. But the opposite party despite several assurances failed to credit the amount of Rs. 10,000/- and it amounts to deficiency in service. The opposite party should have satisfied the complainant about what steps they have taken to satisfy him. Whether they have seen the CCTV clip of that very day? Whether they have taken this matter with the ICICI Bank authorities ? Whether they have raised the complaint of complainant at the proper platform to redress the same? It is very much clear that the complainant approached this Forum only after the opposite party has failed to redress the complaint of the complainant.

7        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Party and opposite party did not appear in the Forum in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against him by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite party several times but the opposite party did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.            

8        In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Party. The opposite party is directed to pay amount of Rs.10,000/- to the complainant.  The complainant is also entitled to Rs.7,500/- ( Rs. Seven Thousand and Five Hundred only) as compensation on account of harassment and mental agony. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.