DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM, GURGAON-122001.

                                                                                                               Consumer Complaint No: 118 of 2015                                                                                                                                                        Date of Institution: 03.03.2015                                                                                                                                                                 Date of Decision: 09.12.2015.

Deepak Narang R/o 197/2, Main Chowk Indra Colony, Rohtak, Haryana.

                                                                                        ……Complainant.

                                                Versus

Indian Overseas Bank through its Branch Manager, Partap Nagar, Old Railway Road Gurgaon, Haryana.  

                                                                             ..Opposite party

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                  

BEFORE:     SH.SUBHASH GOYAL, PRESIDENT.

                     SMT JYOTI SIWACH, MEMBER

 SH.SURENDER SINGH BALYAN, MEMBER.

Present:        Sh.Deepak Narang, complainant in person

                     Sh. Sunil Kumar Yadav, Adv for the OP

ORDER       SUBHASH GOYAL, PRESIDENT.       

The case of the complainant, in brief, is that he is having a saving Bank A/c No.04030100031699 with the OP. As on 18.01.2015 he had a balance of Rs.1,07,847/- in the above said account. On 19.01.2015 the complainant has received a SMS on his mobile phone no.9717555232 informing him that a sum of Rs.1,05, 000/- has been debited from his above said account. He approached the opposite party and reported the matter regarding fraudulent withdrawal of the above said amount. He also reported the matter on the basis of which FIR no.131 dated 05.02.2015 was registered but of no use.  Thus, there was deficiency in service on the part of the opposite party. He prayed that the opposite party be directed to credit the above said amount of Rs.1,05,000/-    with interest . He also sought compensation of Rs. 2 Lacs and litigation expenses of Rs.25,000/-. The complaint is supported with an affidavit and the documents placed on file.

2                 OP in its written reply has alleged that on receiving the complaint on behalf of complainant  the matter was investigated and after investigation the OP Bank has credited an amount of Rs.1,05,000/- in the bank account of the complainant on 15.07.2015  and thus, there was no deficiency in service on the part of the opposite party.

3                 We have heard the complainant and the learned counsel for the opposite party and have perused the record available on file carefully.

4                 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the complainant and the  learned counsel for the opposite party, it emerges that the complainant has filed the present complaint against the OPs alleging deficiency in service on their part on the ground that    on 19.01.2015 the complainant received a SMS to the effect that a sum of Rs.1, 05,000/- has been debited  from the account of the complainant and the complainant approached the opposite party to take proper steps as the said amount was fraudulently withdrawn but no action was taken by the OP which tantamounts to deficiency in service.

5                 However, as per the contention of the opposite party there was no fault on the part of the opposite party and when the mistake was pointed out then after due investigation a sum of Rs.1,05,000/- was credited in the account of the complainant on 15.07.2015  and thus, there was deficiency in service on the part of the opposite party.

6                 Therefore, after going through the facts and circumstances of the case and evidence placed on file it is evident that a sum of Rs.1,05,000/- was debited in the account of the complainant on 19.01.2015 and when the matter was raised by the complainant and FIR was registered by the complainant then matter was got investigated and after due enquiry and after approval from the competent authority the amount of Rs.1,05,000/- was again credited in the account of the complainant. Therefore, evidently, there was some mistake on the part of the opposite party. However, opposite party has not deposited interest for the period w.e.f. 19.01.2015 to 15.07.2015.

7                 Therefore, we direct the opposite party to pay interest on the amount of Rs.1,05,000/- at the saving bank rate applicable at that time. The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.3100/-. The opposite party shall make the compliance of the order within 30 days from the date of receipt of the copy of this order.  The parties concerned be communicated of the order accordingly and the file be consigned to the records after due compliance.

Announced                                                                                                             (Subhash Goyal)

09.12.2015                                                                                                                  President,

                                                                                                                       District Consumer Disputes

                                                                                                                     Redressal Forum, Gurgaon

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member