Haryana

Ambala

CC/235/2014

MAHESH KUMAR - Complainant(s)

Versus

IDBI BANK - Opp.Party(s)

JAI DEEP PRASHAR

07 Jul 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                           Complaint case no.        : 235 of 2014

                                                           Date of Institution         : 01.09.2014.

                                                           Date of decision            : 07.07.2017

 

Mahesh Kumar son of Sh.Tarsem Lal r/o H.No.610, Kanshi Nagar, Ambala City.

……. Complainant.

 

                                      Versus

 

IDBI Bank through Branch Manager, Branch Vikas Vihar, Ambala City.

 

 ….…. Opposite party.

 

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER         

                   MS. ANAMIKA GUPTA, MEMBER                 

 

 

Present:       Sh.Jaideep Prasher, counsel for complainant.

                   Sh. Nishchal Gaur, counsel for OP.

 

 

ORDER:

                    The complainant has filed this complaint against the OP with the averments that he is a consumer of OP being having an account bearing No.0999302000388366 alongwith ATM facility with it. On 08.04.2014 the complainant had operated ATM card for withdrawing of Rs.4500/- but the amount could not be withdrawn from the ATM machine due to some technical reason. However, the amount was deducted from his account.  Thereafter, the complainant lodged a complaint with OP vide complaint No.9994926913 and he was assured that the amount would be credited in his bank account within 24 hours but the amount was not credited in his account. On 29.04.2014 the complainant further made a written complaint to the OP but all fell on deaf ears despite the fact that the CCTV installed in the ATM booth verified the fact that the amount was not withdrawn. Feeling aggrieved due to the acts of the OP, the complainant got served a legal notice upon it but to no avail.  The act and conduct of the OP clearly amounts to deficiency in service and unfair trade practice on its part. Hence, this complaint. In   evidence, the complainant has tendered his affidavit as Annexure CX besides documents Annexure C1 to Annexure C5.

2.                On notice OP appeared and contested the complaint by filing its reply wherein it has been submitted that the complainant had withdrawn Rs.4500/- from the ATM machine of P.N.B. and the transaction had been successful vide transaction No.7794 but the complainant had mentioned the name of ATM of State Bank of India Sector,7 HUDA wrongly.  It has been further submitted that there was only one transaction through the card on 08.04.2014 and that too was made through P.N.B.ATM. After lodging the complaint by the complainant, the OP bank had enquired the matter from P.N.B. with regard to said transaction then it was informed that the transaction was successful and no excess cash was found in reconciliation and besides this P.N.B. branch had also provided J.P. Log, Switch report and reconciliation sheet to the OP. The complainant does not maintain the operative account with the bank but he is having a cash card which is a banking arrangement for withdrawing the wages uploaded by the employer DEC property management (India) Pvt. Limited New Delhi. It has been further submitted that the complaint lodged by the complainant was duly acknowledged and charge back was filed to the P.N.B. as per regulations. However, the charge back was rejected by the P.N.B. on the ground that the transaction had been successful at the ATM. Thereafter the OP again taken up the matter with P.N.B. but at this time also the P.N.B. had shown by providing J.P. Log, Switch report and reconciliation sheet to the OP. Other allegations levelled in the complaint have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OP has tendered affidavit of Mrs.Geeta Goyal as Annexure RX and documents Annexure R1 to Annexure R3.

4.                We have heard counsel for the parties and carefully gone through the case file.

5.                Undisputedly, the complainant is having account No. 0999302000388366 alongwith ATM facility with the OP. The complainant has come with the plea that when he had used the ATM provided by the OP then the amount could not be withdrawn, however deduction of amount of Rs.4500/- was shown in his account.  In the present case the complainant has alleged deficiency in service on the part of OP but to prove these facts the complainant has not placed any account statement, slip of the employer to show that the amount was not disbursed to him. Moreover, the OP had taken a specific plea that the transaction had been successful and in support of this plea learned counsel for the OP has drawn the attention of this Forum towards (J.P.Log, Switch report and Reconciliation sheet) placed on the case file Annexure R1 to Annexure R3. Perusal of these documents clearly show that the transaction had been successful and no excess cash was found in reconciliation. Moreover, the complainant has not produced any evidence to show that the amount was not withdrawn by him. The present case is squarely covered by the case law titled as Rajeshwar Singh Vs. State Bank & Ors. III (2008) CPJ 21 (UT) relied upon by learned counsel for the OP. In view of the above discussion and law laid down by the Hon’ble State Commission (UT), we are of the considered view that the complainant has not been able to prove his case by leading cogent and reliable evidence. Accordingly we dismiss the present complaint leaving the parties to bearing their own costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :07.07.2017                                     (D.N. ARORA)

                                                                                       President

 

    

     (PUSHPENDER KUMAR)

                                                                                       Member

 

 

         (ANAMIKA GUPTA)

                                                                                       Member