Punjab

Fatehgarh Sahib

RBT/CC/379/2018

Shamsher Singh - Complainant(s)

Versus

Ms. Punam Umesh Naik - Opp.Party(s)

In person

17 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                   RBT/CC/379/2018

Complaint No. 379 of 2018

                                                                   Date of Institution: 27.03.2018

                                                                   Date of Decision:   17.08.2022

 

Shamsher Singh S/o Sh. Ram Singh, Village-Dharamgarh, P.O. Lalru, Tehsil-Derabassi, Distt. Mohali, Pb. Pin Code-140501

                                                                                                                    …………....Complainant(s)

                                                Versus

1. Ms. Punam Umesh Naik at HDFC Bank Ltd., St Floor, Tower B, Penisula Business Park, Ganpatrao Kadam Marg, Lower Parel (West), Mumbai-400013. Tel: No. 022-28569303, (OP No.1 Deleted)

2. HDFC Bank Ltd., Khasra No.91/142 near MC Office, Ambala-Chandigarh Highway, Lalru Punjab, 140501

3.  Axis Bank Ltd. Corporate Centre, worly. Mumbai.

   …………....Opposite Party(s)

 

Complaint under Section 12of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Ms. Shivani Bhargava, Member

Present: Complainant in person.

              OP No.1 deleted

              Sh. Sunil Narang, counsel for OP No.2

    Sh. Shivoy Dhir, counsel for OP No.3

         

 

 

Order By

Pushvinder Singh, President

 

1.                  The present complaint has been filed by the complainant (hereinafter referred to as ‘CC’) against the opposite parties (hereinafter referred to as “OPs”) with a prayer to direct the OPs to refund the amount of Rs.10,000/- which was withdrawn from his account through the ATM situated at Lalru Mandi, Distt. Mohali and CC has also claimed Rs.7000/- for litigation expenses and other charges.
2.                    The CC alleged that his salary account number ending 2479 existed in HDFC, Phase-7. Mohali since long. CC alleged that that on 07.01.2018 at 4.29 PM, he was trying to withdraw a sum of Rs.6000/- from the ATM at Lalru Mandi, Distt. Mohali, but the transaction was not successful and he immediately left the ATM room. But after sometime CC was surprised when he received a message of withdrawal transaction of Rs. 10,000/- dated 07.01.2018 at 4.38 PM from the same ATM. He alleged that he was not even tried to withdraw Rs.10,000/- at the same ATM. On 08.01.2018 CC contacted the HDFC Bank/OP No.2 Branch Lalru and the OP No.2 forwarded his complaint to the Customer Care. After two weeks, CC contacted the HDFC Bank Branch Lalru, regarding the withdrawal of his money and the OP No.2 advised him to file a police complaint. Therefore, CC approached the Police Station at Lalru to file the complaint but the  Munshi of Police Station, Lalru informed the CC that the police department cannot do anything in this case and the Bank is competent enough to take action in this case.  Then CC again approached the OP No.2., but no action was taken by the OP No.2. CC also alleged that the OP No.2 requested the OP No.3 to provide CCTV footage, switch report, cash balancing report and no excess cash certificate,  but the Axis Bank did not provide these to the OP No.2. Thereafter, CC filed the present complaint against the OPs.
3.                Notice of the complaint was issued to the OPs. Sh. Sunil Narang, adv counsel for the OP No.1 and OP No.2 appeared before this Commission. OP No.3 failed to turn up despite service and was proceeded against exparte. Subsequently, OP No.3 requested and filed application for joining the proceedings at this stage through counsel Sh.Shivoy Dhir, Adv  and the same was allowed.  OP No.1 was deleted vide order dated 03.10.2018. OP Nos.1 and 2 filed written version/reply and denied all the allegations and averments mentioned in the complaint. Further OP Nos.2 and 3 stated that CC neither made any complaint nor showed any letter to demand for CCTV footage of incident dated 07.01.2018.  OP No.3 received an email from OP No.1 after expiry   of  90 days  and  therefore, the  CCTV  footage  is not     available.   No request to preserve the CCTV footage was either made by the CC. OP Nos.2 and 3 submitted that they are not responsible or liable to clarify the transaction and refund of any amount as delay and latches are on the part of CC and OP No.1, hence, they prayed for dismissal of the present complaint.
4.                   CC in his evidence has furnished his affidavit in support of the complaint and reiterating the facts contained in the complaint as Ex.C-1/A and he also produced the copies of email dated 11.01.2018 as Ex.C-1 and email dated 05.02.2018 as Ex.C-2. account statement of CC as Ex.C-3. On the other hand, OPs produced the copy of email dated 13.06.2018 as Ex.OP/1.
5.                    We have heard the counsels for the parties and have gone through the file carefully.
6.                       CC has filed this complaint for directing the OPs to refund the amount of Rs.10,000/- which was withdrawn from his account from the ATM.The CC has also claimed Rs.7000/- for litigation expenses and other charges. The CC has alleged that someone withdrew an amount of Rs.10,000/- from his account without his knowledge from ATM of Axis Bank/OP No.3 at Lalru Mandi, District Mohali. The OPs have alleged that the amount of Rs.10,000/- was withdrawn by the CC himself as the ATM Card is in possession of the CC and he alone was having knowledge of his ATM Pin. Undisputedly the CC has a salary account number ending 2479 in HDFC Bank Phase-7, Mohali. It is also not disputed that an amount of Rs.10,000/- was withdrawn from the account of CC. The CC has alleged that the said amount was not withdrawn by him. The matter was also reported to the HDFC Bank and the authorities enquired the matter and conveyed that the transaction was deemed to be a valid transaction made by the CC. The copies of withdrawal entries, statement of account of the CC having disputed withdrawn entry have also been produced on file which also show that an amount of Rs.10,000/- was withdrawn from the account of CC through ATM of Axis Bank/OP No.3 by using the ATM card. It is not a case of CC that his ATM card was lost. So, the card was in the possession of the CC and he was having the knowledge regarding ATM Pin and as such it is not possible that some other person has withdrawn the amount by using the ATM card of CC and by using the Pin Code which was known by the CC alone.
7.                   In the similar circumstances the Hon’ble National Consumer Disputes Redressal Commission, New Delhi has held, in case titled as “Raghabendra Nath Sen and Anr. Vs. Punjab National Bank” passed in Revision Petition No.3973 of 2014. The relevant part of the findings of the Hon’ble National Commission are as under:-

 

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8.               In view of our aforesaid discussions, we do not find any merit in the present complaint and the same is dismissed. File be indexed and consigned to record room.
9.  

                                                                            

    (Pushvinder Singh)

                                                                              President

 

 

 

                                                       

                                                                           (Shivani Bhargava)

  Member