DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURGAON-122001.
Consumer Complaint No.186 of 2014 Date of Institution: 10.06.2014 Date of Decision: 25.02.2015
Jagan Nath Pandey s/o Shri Shravan Kumar Pandey, R/O H.No.1702, Darbaripur Road, Badshahpur, District Gurgaon.
……Complainant.
Versus
- Manager, Bank of Baroda, Unit -6, Tower B Vatika, Business Park, Sohna Road, Sector 49, Gurgaon.
- Branch Manager, ICICI Bank, Badshahpur, Gurgaon.
….Opposite parties.
Complaint under Sections 12 & 14 of Consumer Protection Act,1986
BEFORE: SH.RAGHVINDER SINGH BAHMANI, PRESIDENT.
SMT JYOTI SIWACH, MEMBER.
Present: Sh.Jagan Nath Pandey complainant in person
OP-1 & 2 exparte
O ORDER R.S.BAHMANI, PRESIDENT.
The complainant alleged that he is an Operator in Sunbeam Auto, Behrampur, Gurgaon and he has a Saving Bank A/c No.33710100000503 with OP-1 vide Pass Book (C-1). It is further alleged that on 09.02.2014 he made an attempt to withdraw a sum of Rs.2,000/- from the ICICI Bank ATM situated near Patanjali Shop, Darbaripur More, Badshapur but after waiting a lot neither the amount was received nor any Receipt was obtained by him. Consequently, he went to another ATM where he opted to withdraw Rs.2,000/- but the same was not withdrawn due to less amount. Then he tried to withdraw Rs.1500/- then he came to know that a sum of Rs.10,000/- has already been shown as withdrawn but actually he has not received this amount and produced Statement of Account (C-2)(which shows debit of Rs.10,000/- on 09.02.2014 vide ATM/CASH/187559/4029850263549732). He further alleged that he made a complaint to the OP-1 regarding showing debit entry of Rs.10,000/- illegally vide compliant dated 0-3.03.2014 (C-3) but of no use. He requested the OPs several times to refund Rs.10,000/- but no response was given by them. Thus, they are deficient in providing services to the complainant. He prayed that the OPs be directed to credit Rs.10,000-/ into his Account. He also claimed Rs.10,000/- as compensation for harassment and mental agony besides cost of litigation. The complaint is supported with an affidavit and the documents referred above. He also produced copy of copy of Order dated 16/23.09.2014 bearing Ref. No.BO. ND No.4575/01.08.001/2013-14 of Banking Ombudsman (Ann-1),, Copy of Letter dated 22.07..2014 of Banking Ombudsman (Ann-2) and ATM slips issued by Union Bank dated 02.09.2014 showing Record No.601 and 602 (Ann-3).
2 Notice of the complaint was given to the OPs. However, they failed to turn up despite service and were proceeded exparte on 09.09.2014.
3 We have heard the complainant and appraised the material on record carefully. Keeping in view the facts and circumstances discussed above and after perusing the record available on file we are of the considered opinion that the complainant has a Saving Bank A/c No. No.33710100000503 with OP-1 and produced copy of Pass Book (C-1). The complainant, however, alleged that on 09.02.2014 he tried to withdraw Rs.2,000/- from the ATM of OP-2 near Patajali Shop, Darbaripur Road, Badshahpur but the amount was not received by him. Later on he went to another ATM where he tried to withdraw Rs.2000/- but the amount could not be withdrawn due to less amount in the Account and thus, he opted to withdraw Rs.1500/- and he received the same but he came to know that a sum of Rs.10,000/- has already been shown as withdrawn though actually he has not received this amount. The above said amount of Rs.10,000/- is duly shown as debited vide ATM/CASH/187559/4029850263549732 on 09.02.2014 (C-2). He made a complaint to this effect to OP-1 vide Application dated 03.03.2014 but of no use (C-3). He also approached the Banking Ombudsman vide Ref No.BO.ND.No.4575/01.08.001/2013-14 dated 16/23.09.2014 where his Application has been closed under clause 13(a) of the Banking Ombudsman Scheme 2006 (Ann-1).
4 The above said evidence produced by the complainant is not sufficient to prove that alleged sum of Rs.10,000/- debited from the account of the complainant vide debit entry ATM/CASH/187559/4029850263549732 on 09.02.2014 was not withdrawn by the complainant himself or that it was a wrong debit entry. However, without the confidential PIN number or without the possession of the ATM Card no one can withdraw the amount from the account of a customer as the PIN Code number is confidential and no one knows the same except its user. The complainant has to prove his case by producing cogent documentary evidence that the OP-1 has wrongly made a debit entry of Rs.10,000/- without receiving the same by the complainant but he failed to do so. The complaint before the Banking Ombudsman has also been closed under clause 13(a) of Banking Ombudsman Scheme, 2006 (Ann-1). Thus, the complainant failed to prove his case and consequently, the complaint has no merit, it fails and stands dismissed.
Copy of this order be sent to the parties free of costs.
Pronounced in open court.
Dated: 25.02.2015.
President,
District Consumer Disputes
Redressal Forum, Gurgaon
(Jyoti Siwach)
Member
