BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION ATHYDERABAD.

F.A.No.1329/2008 against C.C.No.209/2006, District Forum, MEDAK AT SANGAREDDY

Between:

State Bank of Hyderabad, Sangareddy

Branch, Sangareddy, Medak Dist.,

Rep. by its Chief Manager.                                                                                                  

1. J.Narender Reddy, S/o.Kista Reddy

                                                                                                                                                2. The Assistant General Manager,

3. The General Manager, State Bank of

Counsel for the Appellant:

Counsel for the Respondents: Mr. Joshi Mohan Sharma

QUORUM:  THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT                               SMT.M.SHREESHA,.

FRIDAY, THE TWENTY FIFTH DAY OF MARCH,

TWO THOUSAND ELEVEN

(Typed to the dictation of Smt.M.Shreesha, Hon’ble Member)
***

Aggrieved by the order in CC No.209/2006 on the file of District Forum, Medak at Sangareddy,

The case of the complainant in brief is that the complainant is S.B. account holder of opposite party No.1 and availed cheque facility and also provided with ATM card bearing No.5044352010700019561 valid from October, 2005.          

Opposite party No.1 filed version admitting paras 1 and 2 of the complaint and denied the averments made in other paras. It submitted that the complainant has withdrawn an amount of Rs.5,000/- from the savings bank account using ATM card on 01-4-2006 and as on that date, the balance in his SB account was Rs.3,875-24 .  stndrd        

Based on the evidence adduced i.e. Exs.A1 to A8 and B1 to B4 and the pleadings put forward, the District Forum allowed the complaint directing opposite party No.1 to pay Rs.5,000/- which is debited from the S.B. account of the complainant with 9% interest from 02-5-2006 till the date of realization together with costs of Rs.1,000/-. 

Aggrieved by the said order, opposite party No.1 preferred this appeal.

It is the complainant’s case that he has ATM card facility valid from October, 2005 onwards with the opposite party branch who debited an amount of Rs.5,000/- to the complainant’s account         

It is the case of opposite party No.1 that the amount of Rs.5,000/- was drawn by the complainant  stndrd  

The learned counsel for the appellant stated that the amount available i.e. 3875.24 was not adjusted towards withdrawal of Rs.5,000/- but the entire credit balance of Rs.3875.24 was utilized by the complainant    

       In the absence of any material on record to establish and prove contra to Ex.A3 and A4, we are of the considered view that the District Forum  

In the result this appeal fails and is accordingly dismissed.  

 Sd/-PRESIDENT.

Sd/-MEMBER.

JM