CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 340/2014
Ms. Satyajeet
D/o Late Mohan Singh
R/o L-1A/364, Sangam Vihar,
New Delhi-110062
Presently residing at/postal address
House No.7, Jagmal Enclave,
Gali No.1, Roshan Nagar,
Faridabad, Haryana ……Complainant
Versus
1. ICICI Bank
30, Saket
New Delhi-110017
2. Meethapur Delhi
ATM ID DCB 07013
New Delhi
3. ICICI Bank Ltd.
Sector-54, Suncity
Shop No.19,20,21
Bipul Orchid Plaza,
Gurgaon, Haryana ……Opposite Parties
Date of Institution : 29.08.14 Date of Order : 22.09.15
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that she has a salary account in OP-2 bank; on 29.07.14 the mother of the Complainant Smt. Savitri wanted to withdraw Rs.10,000/- from DCB ATM, Meethapur. She checked the balance in the account and it was having Rs.14,012/-. Mother of the Complainant inserted the Debit Card in the ATM Machine but the ATM machine did not dispense money but however according to the ATM machine said transaction was successful but the machine showed “sorry” as she did not receive the amount. She visited to the nearest branch of OP Bank and she made a complaint. She was assured that she will get back the money within three days. After passing of three days, she visited OP Bank and she was provided a S.R. bearing No.332063349 and asked to come after one week. She visited OP Bank on 07.08.14 and again they asked her to come back after three days. On 12.08.14, she again approached OP Bank regarding the amount but they informed that Rs.10,000/- had already been transferred. Therefore they could not reverse the entry. Complainant has prayed as:-
- Direct the OPs to pay Rs.15,000/- as compensation for causing harassment to the Complainant.
- Direct the OPs to pay Rs.11,000/- towards litigation charges and Rs.20,000/- more.
When no one appeared on behalf of the OPs on 05.12.14 all the OPs were proceeded exparte.
Complainant has filed her exparte evidence by way of affidavit and written arguments.
We have heard the submissions of Complainant and have also gone through the file very carefully.
Without going into much discussion, we hold that the complaint is liable to be dismissed for the following reasons:
- The complainant has a bank account with the OP at its Gurgaon, Haryana Branch. The mother of the complainant did a transaction at Meethapur ATM. We do not know whether the Meethapur is in Delhi or in Haryana or whether the same lies within the territorial jurisdiction of this Forum. We do not know as to how the complainant has impleaded OP-1 in the complaint whereas the averments made in the complaint do not assign any role to OP-1.
- The mother of the complainant was not legally authorized to operate the account of the complainant. Her affidavit has not been filed in evidence. Therefore, we cannot conclude that the transaction in question was not a successful transaction.
- The prayer clause of the complaint does not pertain to the refund of the principal amount of Rs. 10,000/-. Therefore, the complaint is defective.
Accordingly, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 22.09.15.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
22.9.2015
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
