DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 31/2015
D.No.________________________ Date: ________________
IN THE MATTER OF:
RAHUL JUNEJA S/o SH. S.C. JUNEJA,
R/o C-2/67, WEST ENCLAVE,
PITAM PURA, DELHI-110034.… COMPLAINANT
Versus
ICICI BANK LTD.,
(THROUGH ITS MANAGER),
SD SHOPPERS ARCADE, PLOT No. 1,
COMMUNITY CENTER, SECTOR-9,
ROHINI, DELHI-110085.
ALSO AT: (THROUGH ITS MANAGING DIRECTOR),
LANDMARK RACE COURSE CIRCLE,
ALKAPURI, BARODA, GUJARAT-390015. … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 07.01.2015
Date of decision:07.02.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant has a saving account bearing account no. 048801003806 with OP for last so many years and the complainant visited OP on 22.08.2014 to get his passbook updated, the complainant was shocked to know that Rs.8,000/- has been debited from his accounton 30.07.2014. The complainant further alleged that immediately the complainant filed a complaint vide complaint no. SR335160925 with OP and discussed his problem with the officials of OP and after investigation, OP told the complainant that transaction was done via an ATM transaction but the complainant strictly refused and asked OP to refund the amount on which OP told the complainant that OP cannot do anything and was done via secure ATM pin. The complainant further alleged that the complainant tried reaching OP’s executives a number of times via phone and mails but there was no positive response and the complainant thereafter sent a letter dated 27.11.2014 as a last resort to seek an amicable resolution but to no avail and there is an act of deficiency in service on the part of OP.
2. On these allegations the complainant filed the present complaint praying for direction to OP to apologize for all the inconvenience caused to the complainant, to refund amount of Rs.8,000/- as well as to pay compensation of Rs.10,000/- for harassment and mental agony and has also sought Rs.1,000/- for cost of litigation.
3. Initially the OP has been contesting the case and filed reply wherein OP submitted that the complaintis not maintainable and is liable to be dismissed. OP further submitted that the amount of Rs.8,000/- got debited with the complainant’s knowledge as the complainant is the one who was having debit card and having PIN and the entire system is 3 D secured. OP further submitted that as the transaction carried out through ATM card in combination with the PIN which is in knowledge of the complainant, none else can be held responsible in any manner and the complainant must had compromised with the security of the ATM card and its PIN and OP cannot be held responsible for any such transaction where card holder has handed over the ATM card to third person/lost the same and/or compromised with the PIN and OP further submitted that there is no deficiency in service and the complaint is liable to be dismissed.
4. It is not out of place to mention here that none for OP appeared on 24.10.2015 and as such OP was proceeded ex-parte.
5. In order to prove his case the complainant filed his evidence by way of affidavit and the complainant also filed written arguments. The complainant also filed copy of bank passbook issued by OP, copy of letter dated 27.11.2014 sent by the complainant to OP, copy of complaint vide DD No. 38 B dated 06.09.2014 to the SHO, P.S., Mangol Puri, Delhi, copy of letter dated 07.10.2014 regarding disputed transactions on the ICICI Bank debit card no. 4693 XXXX XXXX XXXX 8583 and copy of courier receipt.
6. OP has failed to file any affidavit in evidence of its any official despite giving opportunity. We have heard submissions of counsel for the parties and perused the record.
7. This Forum has considered the case of the complainant in the light of the documents placed onrecord by the complainant.The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant.Admittedly, the disputed transactions took place on 30.07.2014 and as per the case of the complainant he has not withdrawn the said amount from ATM machine by using ATM card. Thus, the burden has shifted on the OP to prove CCTV footage of the concerned ATM machine to bring out the factum of withdrawal of the said amount through ATM machine by using ATM card. As already observed OP has not lead any evidence in this regard and has also failed to file affidavit of any official. OP has also failed to place on record CCTV footage of the concerned ATM machine. Thus, we are of opinion that there is no justification in the defence of the OP and cannot be believed. As the OP has failed to give credit of the said amount, we are of opinion that OP has failed to provide proper service to the complainant.
8. Accordingly, OP is held guilty of deficiency in service. Accordingly, this forum orders as follows:
i) To payto the complainant an amount of Rs.8,000/- being wrongfully debited in the account of the complainant on 30.07.2014.
ii) To pay to the complainant an amount of Rs.4,000/- as compensation for harassment and mental agony suffered which includes litigation cost.
9. The above order shall be complied by OP within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 7thday of February, 2018.
BARIQ AHMED USHA KHANNA M.K.GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
