Emerald Packaging Works filed a consumer case on 29 Oct 2015 against M/S. H.S.B.C Youny Versal Bank in the New Delhi Consumer Court. The case no is CC/1727/2008 and the judgment uploaded on 05 Nov 2015.
CONSUMER DISPUTES REDRESSAL FORUM-VI
(DISTT. NEW DELHI), ‘M’ BLOCK, 1STFLOOR,
VIKAS BHAWAN, I.P.ESTATE,
NEW DELHI-110002.
Case No.CC/1727/08 Dated:
In the matter of:
M/s. Emmerald Packaging Works,
1/1612, Mansarover Parkshada, Delhi-32
……..COMPLAINANT
VERSUS
H.S.B.C Youny Versal Bank,
25, Barakhamba Road, Delhi-32
……. OPPOSITE PARTY
ORDER
President: C.K Chaturvedi
The case of the complainant against OP Bank is in respect of some transaction done by him at the ATM for withdrawal of cash. It is alleged that on 08.11.07 his debit card got blocked in the ATM machine, and he suspected the guard at the gate of ATM. He, first time reported in writing its branch only after 6 days on 14.11.07, when he was informed that Rs.1,90,000/- has been withdrawn in 22 transactions. He suspected ATM guard and seeks compensation from the Bank. The bank in reply has stated that he never informed the bank about the blockage of card same day or day after and that he has withdrawn cash vide Exh.OP1/B so many times before he made the report which was not possible, unless he had pin and card with him. It is stated that his card was not blocked, and four cards retrieved by the machine did not include the card of complainant vide Exh.OW1/C. It is stated that his version of blockage of card is false.
We have considered the rival case & evidence by affidavit and material on record. In our considered view, the delay of 6 days in reporting the matter to bank is too long a period, to report, if card is blocked. Complainant has not produced any evidence except the letter to police on 14.11.07 with no evidence of information to bank in writing except on 14.11.07, and not before. In our view, the case of complainant does not inspire confidence. No documentary evidence is provided. As such, OP has explained that guard had no role and ATM was stopped due to power failure. In the circumstances, complaint against bank is dismissed.
File be consigned to record room.
Copy of the order be sent to the parties free of cost.
Pronounced in open Court on 29.10.2015.
(C.K.CHATURVEDI)
PRESIDENT
(Ritu Garodia)
MEMBER
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