DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 114/2014
D.No.________________________ Date: ________________
IN THE MATTER OF:
RAKESH KUMAR,
S/o SH. NAGENDRA SIRVASTAVA,
R/o H-179, PHASE-2, SECTOR-4,
VIJAY VIHAR, ROHINI, DELHI-110085.… COMPLAINANT
Versus
1. ICICI BANK LTD.,
(THROUGH BRANCH MANAGER),
SEC-8, ROHINI, DELHI-110085.
2. IDBI BANK
(THROUGH BRANCH MANAGER),
ITZ CASE CARD LTD.,
REGIONAL OFFICE-601, DLF TOWER B,
JASOLA DISTRICT CENTRE,
NEW DELHI-110044. … OPPOSITE PARTY (IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 23.01.2014
Date of decision:04.04.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OPs under the Consumer Protection Act, 1986 thereby alleging that the complainant is having an ATM card holder of IDBI Bank and the salary of the complainant used to come in that account with the
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IDBI Bank and on 10.10.2013, the complainant used the said ATM card in ICICI Bank, Aggarwal Plaza, Sector-8, Rohini, Delhi and tried to withdraw Rs.6,500/- from the ATM of ICICI bank but no amount was withdrawn although a message came on his mobile no. 9871735591 that the amount was withdrawn. Thereafter, the complainant informed about the matter to the employer, the owner of Group 1 Security Company and also complained this matter through mail to the Manager of IDBI Bank and he assured the complainant that the said amount will come in the account of the complainant within 15-20 days. The complainant further alleged that the said amount was credited in the account of the complainant on 29.10.2013 at about 6:30 P.M. which was informed to the complainant by the Manager and on the same day i.e. 29.10.2013 after about 5 minutes the complainant tried to withdraw amount from ATM of IDBI Bank, Karol Bagh, Delhi as Rs.500/-, Rs.1,000/-, Rs.1,500/-, Rs.1,000/-Rs.1,000/-, Rs.1,500/- in total Rs.6,500/- but the complainant could receive Rs.3,000/- only and the complainant got receipt of Rs.3,000/- only and not for the rest amount Rs.3,500/- but a message came to the mobile that Rs.6,500/- was withdrawn and the complainant called to Manager of IDBI Bank and he again assured the complainant that rest amount will come in the account of the complainant after 2-3 hours and the amount of Rs.3,750/- came in the account of the
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complainant. On 05.11.2013, the salary of Rs.7,355/-came in the account but Rs.3,750/- was not shown in the account of the complainant and as stated earlier out of the total amount of Rs.11,100/-, the complainant could withdraw only Rs.4,500/- as the rest amount was already withdrawn by bank and on inquiry the Manager of IDBI Bank told that as a call came from ICICI Bank that on 10.10.2013, Rs.6,500/- was withdrawn from the account of the complainant so, IDBI Bank has withdrawn the rest amount of Rs.6,500/- on 10.10.2013. The complainant further alleged that the complainant requested so many times to Managers of both banks personally and through phone but always they made false promises and assurances and the complainant filed complaint to OP’s bank and also called some documents and both OPs have grabbed Rs.6,500/- and OP are jointly responsible for this and the complainant was harassed mentally, physically as well as economically and there is an act of deficiency in service on the part of OP.
2. On these allegations the complainanthas filed the present complaint praying for direction to OPs to take appropriate action.
3. Only OP-1 has been contesting the case and filed written statement/reply wherein OP-1 submitted that the complaintis not maintainable and is liable to be dismissed. OP-1 further submitted that the complainant had withdrawn a sum of Rs.6,500/- on
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10.10.2013 from the ATM at Aggarwal Plaza, Rohini of OP which is successful and the electronic record pertaining to the said ATM and the transaction was shown successful and even otherwise, the complainant being ATM card holder of OP-2 i.e. IDBI Bank can only make claim with IDBI Bank and OP-1 further submitted that there is no deficiency in service and the complaint is liable to be dismissed as there is no cause of action against OP-1.
4. Whereas none for OP-2 appeared despite service of notice through speed post and OP-2 was proceeded ex-parte vide order dated 05.05.2016.
5. The complainant did not file rejoinder despite giving opportunities.
6. In order to prove hiscase the complainant filed his evidence by way of affidavit and the complainant also filed written arguments. The complainant also filed copy of letter dated 24.12.2013 sent by the complainant to OP-1 for showing/providing CCTV footage and copy of statement of card.
7. On the other hand, Sh. J. Rizvi, Manager of OP-1 filed his affidavit in evidence which is as per lines of defence taken by OP-1 in the written statement/reply. OP-1 has also filed written arguments.
8. 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. However, during the proceedings of the case an amount of Rs.6,500/- was
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credited in the account of the complainant on 29.10.2013 and again an amount of Rs.6,500/- was debited on 05.11.2013 and the complainant also filed his additional affidavit to that effect.
9. As already observed, OP-2 i.e. IDBI Bank in which the complainant is having a saving account has failed to contest the case despite service of notice and both the banks have failed to place on record CCTV Footage as well as cash balancing report and other statements of the concerned ATM of ICICI Bank. On the other hand, there is nothing on record to disbelieve the case of the complainant. OPs have failed to prove the fact as to why an amount of Rs.6,500/- was credited in the account of the complainant on 29.10.2013 which was again debited on 05.11.2013.
10. Accordingly, in the light of above OP-2 is held guilty of deficiency in service. Accordingly, this forum orders as follows:
i) To pay to the complainant an amount of Rs.6,500/- being the amount which was not disbursed by ATM of OP-1.
ii) To pay to the complainant an amount of Rs.5,000/- as compensation for harassment and mental agony suffered which includes litigation cost.
11. The above order shall be complied by OP-2 within 30 days from thedate of receiving copy of this order failing which OP-2 shall be liable to pay interest on the entire awarded amount @ 10% per annum
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from the date of receiving copy of this order till the date of payment. If OP-2 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.
12. 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 4thday of April, 2019.
BARIQ AHMED USHA KHANNA M.K.GUPTA(MEMBER) (MEMBER) (PRESIDENT)
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