DATE OF FILING                    :           24-09-2012.

DATE OF S/R                          :           12-10-2012.

DATE OF FINAL ORDER        :         12-02-2013.

1.    Sri Raghabendra Nath Sen,

       79/2/A, M.C. Ghosh Lane,

       Howrah – 711101.

 2.   Howrah District  Consumer Protection Society,

       a register voluntary consumer association,

       7, Paran Chandra Das Road,

       Howrah – 711101.-------------------------------------------------------  COMPLAINANTS.

Versus   -

M/s. Punjab National Bank,

Branch Howrah Maidan ( West Bengal ),

2, Belilious Road,

Howrah – 711101.-------------------------------------------------------------OPPOSITE PARTY.

                                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

It is the specific grievance of the complainant, Sri Raghabendra Nath Sen, that

although he never withdrew a sum of Rs. 5,000/- from his current account being no. 6096002100000756 lying with the o.p./  PNB, Howrah Maidan Branch, his balance in the same account showed Rs. 49,550/-, a less of Rs. 5,000/-, while checking the balance on 03-10-2011 at about 14.14 hours at his mother branch of PNB vide Annexure 'B'. He was surprised to see his such balance because on the same date i.e., 03-10-2011,  when as a matter of practice, he checked his balance through  S B I, ATM Counter at about 13.08 hours near Ganesh Talkies, he found his balance as Rs. 54,550/-  vide Annexure 'A'. However, with a broken heart, as Durga Puja Holidays were supposed to be started, he withdrew from his mother branch of PNB, i.e., o.p., a sum of Rs. 1,000/- only as a matter of urgency vide  Annexure 'C'. After puja vacation he contacted the Branch Manager of his PNB Branch and on his advice he lodged one complaint being no. 56326030 through their o.p.'s customer service no. 18001802222. And he was  verbally assured by the o.p. that Rs. 5000/- would be credited to his account soon. But even  on 14-10-2011, the same

was not done and complainant again contacted o.p. over telephone.  The receiver of the call informed him that his complaint was rejected by o.p.  Thereafter, complainant wrote letter on 09-11-2011 to Zonal Officer of the o.p. as well as his own Branch with request to credit the same vide Annexure 'D'. As no fruitful result came up, complainant filed a complaint before  Assistant Director, C .A. &  F.B.P. on 16-03-2012 but on call bank authority did not turn up and finding no other alternative complainant filed this instant petition before this Forum praying for a direction to be given upon the o.p. to credit the amount of Rs. 5,000/- along with 12% interest and to pay cost and compensation, as the

Forum may deem fit and proper for causing mental agony and harassment.

Notice was served upon the o.p. O.p. appeared and filed written version.

Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

Whether the complainants are  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

Both the points are  taken up together for consideration. It is the specific plea

taken by the o.p. that at the time of issuing ATM Card to the customers, a secret PIN number is issued by them to the concerned card holder which remains only within the knowledge of the said card holder only and nobody including the Bank  Authority does not have any knowledge about that PIN number which is the key to operate the concerned ATM Card. Moreover, SMS alerts were given on the customer's mobile number on the date of operation i.e. on 03-10-2011 about the withdrawal of both the amounts i.e. Rs. 5,000/- and Rs. 1,000/-. It is also the question of the o.p. that why the complainant checked his balance at SBI ATM Counter at 13.08 hours without withdrawing money when he was in urgent need of money. So, according to o.p. both the transactions were made by the complainant himself and nobody else. Here, we want to point out that the secret PIN number is always provided by the o.p./bank.  So, it can never be impossible for a third party to know that secret PIN number. It is o.p.'s ;duty to be far more careful about such operations. ATM machines are installed by the o.p. not by the customers. Customers with utmost confidence deposit their  hard-earned money to the bank so that at the time of urgency, they may get it at once. O.p.'s this kind of negligence has frustrated the purpose totally, For such a small amount of Rs. 5,000/-, a person would not run from pillar to post, had it been withdrawn by himself. Accordingly, o.p.'s above contention appears to be meritless. And we are of candid opinion that it is a fit case where complainants' prayers should be allowed. Points under consideration are accordingly decided.

                Accordingly, the case succeeds on merit,

                Hence,

O     R     D      E      R      E        D

                That the C. C. Case No.119  of 2012 ( HDF 119 of 2012 )  be  allowed on contest with  costs  against  the O.P. 

                That the O.P. is  directed to credit a sum of Rs. 5,000/- to the aforesaid current account of the complainants lying with their branch within one month from this order.

                That the complainants  do get an award of Rs. 2,000/- as compensation and Rs. 1,000/- as litigation costs.

                That the o.p. is directed to comply with the order in toto  within one month from this order, i.d. the entire amount of Rs. 8,000/- shall carry an interest @ 10% p.a. till full realization              

                The complainant is at liberty to put the decree into execution after expiry of the appeal period.

                Supply the copies of the order to the parties, as per rule.