Delhi

New Delhi

CC/906/2013

Lalit Kumar - Complainant(s)

Versus

M/S. Indian Overseas Bank - Opp.Party(s)

25 Aug 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

 

Case No.C.C./906/2013                                 Dated:

In the matter of:

SH. LALIT KUMAR,

S/o Duli Chand, Village Saini Khera,

Near Signature Tower South City B-Block,

Gargaon-122001

 

        ……..COMPLAINANT

VERSUS

 

INDIAN OVERSEAS BANK,

CGO Complex, New Delhi

(Through its General Manager)

 

               .... OPPOSITE PARTY

 

 

PRESIDENT : S.K. SARVARIA

ORDER

 

                Complainant is having Bank A/c with the OP Bank vide Bank A/c No. 181101000038029 and is using the ATM Card bearing No. 422132152094.

        It is alleged by the complainant that he used his ATM Card at Signature Tower, Gurgaon dated 4/8/13 to withdraw the amount of Rs. 8000/- but at first instance it showed that the transaction could not be processed, hence he made another transaction to withdraw the same but again the trans action had failed.

        It is alleged by the complainant that he later on came to know that Rs, 16,000/- was deducted from his account, on his continuous persuasion with the bank, the Bank Credited  only Rs. 8,000/- to his A/c but the rest of amount was never credited to his account despite several requests.

        Complainant made a written request to the OP bank by filing Consumer  Dispute form on 16/8/13 and also by writing written complaint to the OP Bank on 5/9/13, but nothing has been done by OP bank to resolve the issue.  Hence this complaint.

        Notice of the complaint was sent to the OP Bank through Regd. AD Post for 14/2/14, since none appeared on behalf of the OP,  it was ordered to be proceeded with ex-parte on 28/10/14.

Complainant has placed on record his evidence by way of affidavit wherein he has corroborated the contents of the complaint.

        We have heard ex-parte arguments advanced at bar and have persued the record.

        Complainant has placed on record copy of Bank Account Statement, copy of Consumer Dispute Form, copy of Reminder II issued to the bank in support of his case.

        It is alleged by the complainant in his complaint that he has attempted two times for withdrawal of Rs. 8,000/- through his ATM Card at Signature Tower, Gurgaon, but the transaction had failed.  He had also alleged in his complaint that he got Rs. 8,000/- credited to his A/c for the bank after continuous persuasion.

        We have carefully gone through the annexures filed by the complainant only with his complaint.  Complainant had failed to place on record the transaction slip which was done by him at the ATM Centre at Gurgaon.  Moreover, the complainant has alleged two transactions to be done on 4/8/13, but the statement of account clearly shows that 3 transactions were done by the complainant on 4/8/13. Complainant has written in its reminder dated 5/9/13 that the transaction slip and 1^st letter is attached with this reminder letter, but failed to placed a record the same.  ATM transaction depending upon secret pin number only known to account holder are considered safe and fool proof are  prevalent in Delhi.

        In view of the above discussion and lack of documentary evidence , we are of the opinion that complainant failed to prove his case, and as such we find no merits  in this complaint, same is hereby dismissed.

This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post. s

File be consigned to record room.

Pronounced in open Forum on _______________.

 

(S K SARVARIA)

 PRESIDENT

 

 

 

                                                (H M VYAS)                                     (NIPUR CHANDNA)

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