Haryana

StateCommission

A/541/2017

PUNJAB NATIONAL BANK - Complainant(s)

Versus

KESAR RAM - Opp.Party(s)

BHUSHAN BHATIA

05 Feb 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

 

First Appeal No. 541 of 2017

Date of Institution:05.05.2017

Date of Decision: 05.02.2018

 

Punjab National Bank, Main Branch, Near Bus Stand, Sirsa Road, Hisar through its Chief Manager.

                                      Appellant-Opposite Party No.1

 

Versus

 

1.      Kesar Ram son of Sh. Norang Ram, resident of House No.1043/B, Talaqi Gate, Hisar.

Respondent-Complainant

2.      Bank of India, Sirsa Road (ATM Camp Chow, Hisar) Hisar through its Branch Manager.

Respondent-Opposite Party No.2

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

                                                                                                                                                                            

For the parties:             Sh. Sikander Bakshi, Advocate for the appellant

                             None for the respondent No.1-complainant

                             Sh. Vivek Dawar, Advocate for the respondent No.2

 

                                                   O R D E R

 

NAWAB SINGH J. (ORAL)

 

          This appeal has been preferred by Punjab National Bank-opposite party No.1 (appellant herein) against the order dated March 09^th, 2017 passed by the District Consumer Disputes Redressal Forum, Hisar (for short ‘District Forum’) whereby complaint filed by Kesar Ram-complainant (respondent herein) was allowed.  For facilitation, operative part of the order is reproduced as under:-

          “9.     Keeping in view the facts and circumstances of the case, we allow the complaint of the complainant and direct the respondent No.1 to pay Rs.5,000/- with interest at the rate of 9% per annum from the date of filing of this complaint, that is, November 27^th, 2013 till realization.  Complainant is also hereby awarded compensation of Rs.1000/- for his harassment and mental agony and Rs.1000/- as litigation expenses etc…..”

2.      Notice was issued to the complainant by registered post but neither complainant nor anybody on his behalf had appeared.    

3.      This Commission thinks it appropriate to decide the appeal on merits after hearing learned counsel for the appellant and respondent No.2 and going through the case file.

4.      The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum alleging therein that on September 13^th, 2013, the complainant tried to withdraw Rs.5,000/- from the ATM of appellant but the same was not dispensed.  Thereafter, the complainant alongwith his son Vinod Khatri went to another ATM and withdrew Rs.5,000/-. The complainant alleged that he only withdrew Rs.5000/- whereas the transaction slip was showing withdrawal of Rs.10,000/-. The complainant made complaint to the appellant but to no avail.

5.      The appellant-opposite party No.1, in its written version, pleaded that the complainant successfully withdrew Rs.5000/- on September 13^th, 2013.  The ATM Cell also confirmed that the transaction was successful.  Remaining contents of the complaint were denied and prayed for its dismissal.

6.      The opposite party No.2, in its written version, denied the averments of the complaint and prayed for its dismissal.

7.      The appellant has produced on record Switch Transaction Report (Exhibit A-4) whereby Rs.5,000/- was withdrawn by the complainant on September 13^th, 2013 and the transaction was successful.  The complainant again withdrew Rs.5000/- on the said date vide Journal Print (Annexure A-5).  Thus, it is proved that the complainant had withdrawn Rs.10,000/- and not Rs.5000/- as alleged by him. Hence, the order passed by the District Forum cannot be allowed to sustain. Accordingly, this appeal is accepted, impugned order is set aside and complaint is dismissed.

8.      The statutory amount of Rs.3700/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any in this case.

 

 

Pronounced 05.02.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK