Date of Filling :22.03.2013
Date of Disposal:16.10.2015
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR
PRESENT: THIRU. S.PANDIAN, B.Sc., L.L.M., … PRESIDENT
TMT. S.SUJATHA,B.Sc., … MEMBER-I
CC.13/2013
Tuesday, the 16th day of October 2015
Mr.Prakasam
S/o Lakshmana Reddy
No.7, Nethaji Salai, Jawahar Nagar,
Thiruvallur Town and Taluk,
Thiruvallur District. …Complainant
/Vs/
The Chief Manager,
State Bank of India,
Thiruvallur Branch,
Thiruvallur Taluk and District. …Opposite Party
….
This Complaint is coming upon before us finally on 29.09.2015 in the Presence of Thiru.A.Satheesh, Advocate on the side of the complainant and Thiru.K.V.Srinivasan, Advocate for the opposite party and upon hearing arguments on the side of the complainant and perused the documents and evidence, this Forum delivered the following,
ORDER
PRONOUNCED BY THIRU. S. PANDIAN, PRESIDENT
This Complaint is filed by the complainant U/S 12 of Consumer Protection Act, 1986 against the opposite party seeking direction that the opposite party has to Credit a sum of Rs.24,000/-, to pay sum of Rs.10,000/- towards the mental agony and harassment and monetary loss caused due to non returning of the Jewels by the opposite party with cost.
The Brief averments of the complaint as follows:
- The complainant is having saving account in the opposite partys
Bank in SB A/c No.308264064009. In one ATM transaction, the complainant on 29.09.2012 with an intention to withdraw a sum of Rs.24,000/- used his ATM card at the opposite party’s ATM centre situated at SP office at Thiruvallur where the complainant got only receipt and no money. Hence he checked his balance immediately and got receipt which shows the deduction of a sum of Rs.24,000/- in the said transaction.
2. The complainant submit that he received only receipt and no money. The mistake should have occurred due to mechanical mistake or any Technical error in the ATM Machine. Hence on 01.10.2012 the complainant approached the opposite party and reported the same. The opposite party assured to complainant and to credit the amount. But the opposite party did not take any action till 05.11.2012 to the opposite party and requested to credit the said sum. The opposite party received the complaint and assured to credit the amount. But he has not taken any steps to solve the complaint. Hence the complainant issued legal notice through his counsel on 15.11.2012 to the opposite party calling him to credit the amount. In spite of the complainant’s legal notice, instead of credit the amount, after lapse of 40 days, the opposite party issued reply notice dated 24.12.2012 with futile reasons and refused to credit the amount. The acts of the opposite party is highly illegal and arbitrary.
3. The opposite party is liable to credit the amount of Rs.24,000/- the opposite party committed a deficiency in service in non-crediting the said amount which caused lot of mental agony to complainant. Hence this complaint.
The contention of the written version of the opposite parties has brief as follows:
4. The complainant is not maintainable in law and on facts. The allegations mentioned in the complaint are not true and are denied. The allegations in para 3 of complaint that on 29.09.2012 he had not received money is denied. It is not possible to occur in the machine therefore the claim is untrue. When the oral complaint was received, the same was immediately informed to ATM Switch Centre in the presence of complainant and his card also was blocked. It is false to say that the opposite party assured to credit the amount. It is false to say no action took till 05.11.2012. On receipt of the written complaint, the opposite party never assured to credit the amount. It is false to say no steps were taken to solve the problem. In this pursuance of the complaint, it was in proved with ATM Switch Centre.
5. His allegation that the opposite party’s attitude was therefore is unfair and unjust the ATM switch Centre who is the controller or ATM systems, that the transactions by the complaint was successful and money also was withdrawn from the ATM Card after using secret pin number. This was also informed to complaint on 04.10.2012. He was also given a copy of J.B. log. The ATM card is operated with Magnetic Strip attached to it and the secret pin number is known only to the complainant. This card can be used only by operating and using the said pin. Therefore as per the records, the transaction was genuine and the Bank cannot be responsible to answer the claim of complaint, especially when the records show the transaction as genuine one.
6. Therefore the opposite party is not liable to pay any amount. The complainant alone should prove that he suffered loss or agony or mental pain etc. No jewels were pledged by the complaint with the opposite party. The notice dated 15.11.2012 is silent about the jewel and there is no plea made out in the complaint. Hence the 2nd relief is liable to be dismissed. Hence this complainant may be dismissed with costs.
7. At this juncture, the point for the consideration before this Forum is:
- Whether there is deficiency of service on the part of the opposite party as alleged in the complaint?
- To what other reliefs, the complainant entitled to?
8. Point 1: Accordingly to the case of the complainant is that on 29.09.2012,
the Complainant used his ATM card pertaining to his Savings Bank Ac No. 308264064009 of the opposite party’s ATM centre situated S.P. Office at Tiruvallur, but the complainant got only the receipt and not receive any money and immediately, he checked his balance which shows the deduction of Rs.24,000/- with the said transaction. In this connection, the complainant gave written complaint on 06.11.2012 and issued legal notice through his counsel on 15.11.2012 and even then the opposite party has not acted upon properly. But thereafter lapse of 40 days, the opposite party sent reply with futile reasons. At the outset, it is contended by the opposite party that the allegations made by the complainant are all not true and in fact the transaction by the complainant was successful and money also withdrawn from the ATM card after using in secrete pin number and the same was informed to the complainant on 04.10.2012 and also given a copy of the J.B. log. Therefore, regarding the alleged transaction was genuine and the Bank cannot be responsible and hence the opposite parties are not liable to pay any amount. At this juncture, it is settled possession that the complainant has to prove his case with relevant evidence. First of all, on going through the proof affidavit of the complainant, it is learnt that he has used ATM centre, S.P. Office at Tiruvallur on 29.09.2012, he got only receipt, but not any money, but the amount of Rs.24,000/- was debited in his account, ATM receipt is marked as Exhibit A1. It is further seen that in the receipt it is clearly mentioned that the money disbursed from ATM centre on 29.09.2012. While so, as per the revision of the complainant, he did not receive any money and hence the complainant has given oral complaint to the opposite party and he has writing letter dated 06.11.2012 which is marked as Exhibit A2.Then the legal notice Exhibit A3 sent to the opposite party and same was acknowledged by the opposite party which is marked as Exhibit A4. Even then, the opposite party has not come forward to credit the said amount and sent the reply notice Exhibit A5, with false information.
9. Such being the situation, on careful perusal of the reply notice (Exhibit
A5) it is clearly stated that the complaint made by the complainant was attended immediately and was informed to the ATM switch center in the presence of the complainant and card has been blocked. Therefore there is no lethargic of the attitude on the side of the opposite party in solving the problem and on it was informed by the ATM switch centre above the said transaction made by the complainant was successful and money also withdrawn by the complainant from the ATM card after using the secrete pin number. At the outset, it is categorically informed to the complainant that the transaction successfully, then the burden of proving that the complainant has not received any money from the ATM centre on the alleged date 29.09.2012 on the complainant. But, in order to prove the same, the complainant has not taken any steps to obtain for the copy of the CC.TV. Camera Footage either directly from the Bank under RTI Act or through this Forum. Such being the circumstances, it is pertinent to note that the 2nd prayer of compensation, the complainant sought relief regarding the return of the jewels by the opposite party is entirely a new thing without any piece of materials in this aspect in the complaint. It is further noticed that not even a single word and there is no plea made out in the complaint in respect of jewels by the complainant and thereby it rightly pointed out by the opposite party that the complainant has not moved this Forum with clean hands.
10. In the light of the above facts and observations, it is crystal clear that there is no deficiency in service on the part of the opposite party and thus the point No.1 is answered accordingly.
11.Point 2: In view of the conclusion arrived in point no.1, the complainant is not entitled for any relief as prayed for and thus this point no.2 is answered accordingly.
In the result, this complaint is dismissed. No costs.
Dictated by the president to the steno-typist, transcribed and computerized by her, correctly by the President and pronounced by us in the open Forum on this 16th October 2015.
Sd/-*** Sd/-***
MEMBER I PRESIDENT
List of Documents filed by the complainant
Ex.A1/Dt.29.09.2012: Xerox copy of the ATM receipt of the complainant.
Ex.A2/Dt.06.11.2012: Xerox copy of the letter sent by the complainant to the opposite
party.
Ex.A3/Dt.15.11.2012: Xerox copy of the legal notice sent by the complainant’s counsel
to the opposite party.
Ex.A4/Dt. : Postal acknowledgement card of the opposite party.
Ex.A5/Dt.24.12.2012: The office copy of the reply notice sent by the opposite parties.
List of documents of the opposite party: NIL.
Sd/-*** Sd/-***
MEMBER I PRESIDENT
