CC Filed on 21.04.2010<br /> Disposed on 07.09.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 07th day of September 2010<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 43/2010<br /> <br /> Between:<br /> <br /> <br /> Smt. M. Vijayalakshmi,<br /> W/o. L. Narayanaswamy,<br /> Jayamangala,<br /> Malur Taluk.<br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> 1. The Manager,<br /> S.B.M, Malur.<br /> <br /> <br /> 2. The Chief Manager,<br /> Regional Office, S.B.M.<br /> Kolar.<br /> <br /> <br /> (By Advocate Sri. V. Sreedhara Murthy) <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Parties<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to pay Rs.7,500/- with compensation of Rs.500/- and costs and interest, etc.,<br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant is having S.B. Account No. 64024753042 with OP.1 Bank. She had a balance of Rs.9,740/- as on 12.10.2009. She went to withdraw the amount of Rs.7,500/- through ATM counter at about 11.30 a.m. and she fed the necessary particulars for withdrawing Rs.7,500/- in ATM. But the said ATM did not dispense the cash however she did receive only the ATM customer advise slip disclosing debit entry of Rs.7,500/- to her account and showing the available balance as Rs.2,240/-. She immediately made a complaint before OP.1 and she was asked to come on 14.10.2009. Again on 14.10.2009 she met OP.1 and also filed written complaint, but she was asked to come again and again without any fruitful result. She also made a complaint before OP.2 on 23.01.2010. Finally she filed the present complaint on 21.04.2010. <br /> <br /> 3. On service of notices, the OPs appeared through Counsel on 26.05.2010. They did not file any version inspite of repeated adjournments and further time was refused to file on version on 17.08.2010. On subsequent hearing date complainant filed another application reporting that the amount of Rs.7,500/- was credited to her account on 24.08.2010. The complainant requested for awarding costs and compensation for mental agony and withholding her amount for such a long time. The Learned Counsel for OPs again prayed time for argument and that request was refused and the case was posted for orders.<br /> <br /> 4. The allegations made in the complaint are supported by documents filed by complainant. She is an Assistant Teacher and drawing her salary through her S.B. Account and she was provided ATM facility for withdrawal. ATM did not dispense the cash of Rs.7,500/- on 12.10.2009 but the account of complainant was debited. The amount of Rs.7,500/- is credited to her account only on 24.08.2010. There is delay of nearly 10½ months in reversing the wrong debit entry. <br /> <br /> 5. It is told that in such cases the amount is to be settled within 12 days from the date of complaint. The complaint in writing is given on 14.10.2009 to OPs. By the end of October 2009 the amount should have been settled to complainant. There is delay of 10 months in settling the account/amount. It is told that as per the guidelines of RBI in such cases compensation of Rs.100/- per day for the delayed period may be imposed. Therefore compensation to the extent of Rs.30,000/- may be awarded against OP-Bank in the present case. The complainant had asked only for expenses of attending of Forum and the interest on the delayed settlement. She attended the Forum five-six times. The OPs did not file their version and went on praying time. Considering all the above facts we think atleast compensation of Rs.10,000/- may be awarded to complainant apart from costs of Rs.1,000/-. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed with costs of Rs.1,000/-. The OPs are directed to pay compensation of Rs.10,000/- (rupees ten thousand only) to complainant. The order shall be complied with 4 weeks from the date of this order. In default compensation shall carry interest at the rate of 6% p.a. from the date of default till the date of payment. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 07th day of September 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />