Punjab

Faridkot

CC/19/129

Aman Suhel - Complainant(s)

Versus

Manager State Bank of India - Opp.Party(s)

In person

30 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :     129 of 2019

Date of Institution:  09.05.2019

Date of Decision :   30.09.2019

 

Amar Suhail son of Sh Shiv Kumar, resident of near Jorrian Chakkian, Akalian Wali Gali, Kotkapura, Tehsil Kotkpura, District Faridkot.

                                                                                    .........Complainant

Versus   

 

The Manager, State Bank of India Branch Faridkot Road, Kotkapura, Tehsil Kotkpura, District Faridkot.

                                                                                  ............OP

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh. Ajit Aggarwal, President,

               Smt. Param Pal Kaur, Member.

 

Present:  Complainant in person,

               OP Exparte.

                                                                                                           

ORDER

(Ajit Aggarwal, President)

                                             Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OP seeking directions to OP to credit the amount of Rs.29,999/-which is illegally and wrongly debited by OP from the account of complainant and

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for further directing them to pay Rs.50,000/- as compensation for deficiency in service and harassment alongwith litigation expenses.

2                                   Briefly stated, the case of the complainant is that complainant got opened a saving account in the bank of OP on 19.12.2016, but despite repeated requests, they did not issue him any passbook and when he visited to bring passbook, he was put off on pretexts that pass books are not available or printer is out of order etc. After several requests, Opposite party issued him passbook on 4.07.2018 after completion of more than one and half year, but on the passbook issued by OP, they mentioned over it as ‘Duplicate’, though no original passbook was ever issued to him. Further submitted that he was also issued one ATM Card and told him that said card bears one secret code with the help of which complainant can withdraw amount from his saving account. On 8.01.2019, complainant approached OP Bank for the purpose of withdrawing Rs.15,000/-from his account but he was told by their official that this much amount is not available in his account. Complainant apprised OP that sufficient amount is available in his account and he was shocked to know when he was told by OP that complainant has already withdrawn Rs.29,999/-from his account. Complainant made several requests to OP and submitted before them that he had not made any withdrawal from his account and he has also not given his ATM Card to anyone for this purpose, but  OP did not give him any satisfactory reply. It is submitted that in the account statement issued by OP, for the

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withdrawal made through ATM, it is mentioned as ATM WDL, but for the amount of Rs.29,999/- it is mentioned as POS ATM PURCH and when complainant made requests to OP to explain about these transactions, OP did not give any reply and concealed the real facts regarding debit of Rs.29,999/-from his account. Complainant paid several visits to bank of OP with requests to credit the amount of Rs.29,999/-illegally debited from his account, but all in vain. All this act and conduct of OP amounts to deficiency in service and trade mal practice and has caused harassment and mental tension to complainant. Complainant has prayed for directing the OP to pay compensation alongwith litigation expenses besides the main relief. Hence, the complaint.

3                                             The counsel for complainant was heard with regard to admission of the complaint and vide order dated 15.05.2019, complaint was admitted and notice was ordered to be issued to the OPs.

4                                              Notice of complaint alongwith relevant documents was duly served to Opposite party and on receipt of notice, Vijay Kumar Deputy Manager of OP Bank appeared in the Forum on behalf of opposite party on 8.07.2019 and case was adjourned to 17.07.2019 for filing written reply, then for 31.07.2019 and further adjourned to 13.08.2019 for same purpose, but on 13.08.2019, no body appeared on behalf of OPs and then, case was adjourned to 21.08.2019 for awaiting their presence and then to 4.09.2019 for same proceedings, but

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despite long waiting till 4.00 P.M., when OP did not make presence in the Forum, then, vide order dated 4.09.2019, opposite party was proceeded against exparte.

5                                                   Ld Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to C-3 and then, closed their evidence.

6                                              As there is no rebuttal from OP side, therefore, we have heard the ld counsel for complainant and have carefully gone through the evidence and documents placed on record by complainant party.

7                                             From the careful perusal of record and evidence and documents placed on record by complainant, it is observed that case of the complainant is that complainant holds an account with OP. Grievance of complainant is that Opposite Party wrongly debited amount of Rs.29,999/-from his account without his consent. He never used his ATM for this withdrawal and this withdrawal is facilitated only through the transaction made by bank. Complainant made several requests to Opposite party bank to check the matter, but they kept putting him off on one pretext or the other and did not resolve his issue. On the other hand there is no rebuttal from Opposite side as they are exparte.

8                                         To prove his pleadings, ld counsel for complainant placed on record document Ex C-2 i.e copy of passbook that

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bears on it words ‘Duplicate’ though same was issued for the first time to the complainant. He has brought our attention towards document Ex C-3 which is copy of account statement issued for the period from 06/12/2016 to 01/03/2017 and for the period from 02/03/2017 to 04/04/2019. Bare perusal of these statements of account clearly reveals the fact that there is a transaction dated 8.01.2019 for Rs.29,999/- mentioned as POS ATM PURCH meaning thereby that this transaction is done through ATM card for purchase of some items but complainant submitted that he never used his ATM Card for any purchase. Neither he gave his ATM Card to anybody nor he disclosed the secret code to anyone. This transaction is not made by the complainant, rather it is wrongly debited from his account by the bank. He approached bank many times and made several requests to them to enquire into matter regarding this illegal debit and also requested them to refund this amount into his account but all in vain. On the other hand, Opposite Party appeared before this Forum through his Deputy Manager but did not file any reply to the present complaint and remained absent from the proceedings and as such there were proceeded against exparte. It is observed that Opposite Party have nothing to say in this regard.

9                                                  From the careful perusal of evidence and documents placed on record and pleadings made by complainant in above discussion, it is observed that amount of Rs.29,999/-has been wrongly deducted from the account of complainant for purchases which

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he never made. Nor did he use his ATM Card for the purpose of making such transaction. Moreover, in the absence of any rebuttal from OP side, we have no reason to disbelieve the pleadings of complainant. There is nothing on record to show what kind of purchases made by complainant for which his amount of Rs.29,999/-is deducted by banking authorities. There is no doubt to the fact that complainant immediately reported the matter to OP and made complaint regarding this illegal deduction of rs.29,999/-from his saving account to OP. Grievance of the complainant is that despite several requests, OPs have failed to redress his grievance which amounts to deficiency in service and trade mal practice as they could not keep his amount safe in their bank.

10                                         From the above discussion and in the light of evidence produced by parties, we are of considered opinion that there is deficiency in service on the part of OP in not redressing the grievance of complainant. Had OP been vigilant and provided effective and timely services to complainant, nature of complaint would have been different. Documents placed on record by complainant are cogent and are beyond any doubt. Therefore, complaint in hand is hereby allowed with direction to OP to credit the amount of Rs.29,999/-into the saving account of complainant with interest at the rate of 7% per anum from 8.01.2019 i.e from the date of deduction of amount till final realization. Opposite party is further directed to pay Rs.2,000/-to complainant as consolidated compensation for harassment and mental agony suffered by him as well as

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for litigation expenses. Compliance of this order be made within one month of receipt of copy of order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost. File be consigned to record room.

Announced in Open Forum

Dated : 30.09.2019

                                      (Param Pal Kaur)              (Ajit Aggarwal)

                                       Member                         President