COMPLAINT FILED: 27.06.2008<br /> <br /> <br /> 25th AUGUST 2008<br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SRI. SYED USMAN RAZVI MEMBER <br /> SMT. M. YASHODHAMMA MEMBER <br /> <br /> <br /> COMPLAINT NO. 1429/2008<br /> <br /> <br /> COMPLAINANT Sri. Dev Das,<br /> S/o. Gopal Das,<br /> Aged about 33 years,<br /> R/at Door No. 8, 24th Cross,<br /> C/o. Munipillappa New Building,<br /> Muneshwara Layout,<br /> Nadugatta, Ejipura,<br /> Viveknagar Post,<br /> Bangalore – 560 047.<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTY ICICI Bank,<br /> Commissiorate Road,<br /> Bangalore – 560 025.<br /> Represented by <br /> Its Branch Manager.<br /> <br /> <br /> Advocate (B.S. Sudhir)<br /> <br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant to direct the Opposite Party (herein after called as O.P) to pay Rs.5,600/- with interest and for such other reliefs on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> Complainant is working as a Security Guard and his salary is paid through OP ICICI Bank by his employer. Complainant used to draw the said salary through ATM. On 04.08.2008 he went to ATM, Prestige Meridian Building, M.G. Road, Bangalore and he checked the balance which shown as Rs.5,615.28. He intended to withdraw Rs.5,600/-, then the machine shown the balance as 0, he was surprised, when he inserted his ATM card once again the balance shown was Rs.15.28. Thus complainant felt that there is a defect in the said ATM. Though he made his repeated requests and demands to one or other Branches including that of the customer care of OP Bank, it went in vain. Thus for no fault of his, he is made to suffer both mental agony and financial loss. Under the circumstances he felt the deficiency in service on the part of the OP. Hence he filed this complaint and sought for the relief accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP complainant has not come up with a clean hands. The transaction noted from the said ATM at No.3573 there was a balance of Rs.5615.28 at the account of the complainant. As per the transaction No. 3574 he withdrew Rs.5,600/-. As the balance left is less than Rs.50/- ATM showed balance as 0. When complainant operated his card for the second time, it shown the balance of Rs.15.28, there is nothing wrong. There is no deficiency in service of any kind on the part of the OP. Complainant with an oblique motive has filed this false complaint, which is devoid of merits. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has proved <br /> the deficiency in service on the part of the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Negative<br /> Point No.2:- Negative<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. At the outset it is not at dispute that the complainant has got an account at OP Bank. He used to draw his salary by operating ATM card that is given to him by his employer, who used to deposit his salary at OP Bank. Of course complaint is silent about the date when he operated the said ATM card to draw his salary. But on going through the records produced by the OP, it appears complainant operated the said ATM card on 04.08.2008 at Prestige Meridian Building, M.G. Road ATM. It is not at dispute that when he checked the balance the machine showed it as Rs.5615.28, then he inserted his card to withdraw Rs.5,600/-, at that time the balance shown was ‘0’, when he again inserted the card the balance shown was Rs.15.28. Thus he felt the defect with the said machine.<br /> <br /> 7. We do not find any force in the contention of the complainant. The transaction slip produced by the OP clearly goes to show that under transaction No. 3573 the balance is shown and under transaction No. 3574 an withdrawal of Rs.5,600/- is shown. It is contended by the OP that if the balance is less than Rs.50/- machine shows it as ‘0’ and the said card when inserted for the second time the credit balance of Rs.15.28 is shown. We find there is a satisfactory explanation given by the OP. The contents of the documents produced by the OP are not denied. Complainant has not made it clear in his complaint whether he has withdrawn Rs.5,600/- on that day or not. On the other hand the document produced by the OP goes to show the withdrawal of the said amount. It appears complainant intentionally not produced the withdrawal statement.<br /> <br /> 8. So the approach of the complainant rather does not appears to be fair and honest. There is no proof of deficiency in service on the part of the OP. The complaint appears to be devoid of merits. Hence the complainant is not entitled for the relief claimed. Accordingly we answer point nos.1 and 2 and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is dismissed. In view of the nature of dispute no order as to costs.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 25th day of August 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />