Delhi

New Delhi

CC/390/2014

Poornima Kaushik - Complainant(s)

Versus

M/S. Syndicate Bank - Opp.Party(s)

02 Sep 2019

ORDER

 

 

                                             CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 390/2014                                     Dated:

In the matter of:

Poornima Kaushik

W/o Sh. Sohan Kumar

A-111, MIG Flats CBSE Quarters

Brij Vihar Ghaziabad-201011

Also at

Central Board of Secondary Education

Shiksha Sadab 17, Rouse Avenue,

New Delhi-110002

 

....COMPLAINANT

 

VERSUS

        

1.        Syndicate Bank

Through its Manager

Shiksha Sadan 17, Rouse Avenue,

Extension Counter, ITO

New Delhi-110002…… .....OPPOSITE PARTY No. 1

 

 

2. ICICI Bank ATM,

Bharat Petrol Pump,

Through its Branch Manager

Vivek Vihar, Delhi                                                    …......OPPOSITE PARTY No. 2

 

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

1. The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant is the consumer of the bank of OP-1 and is having bank account no. 24172010003940 and the complainant is also having ATM Card vide old no. 4033982417301282 and new card no. 5046812417301200, which was issued by the OP-1. It is further alleged that on 26/01/2013 the complainant was in urgency of need of money and the complainant used ATM card for withdrawing the amount of Rs. 3,000/- from ICICI Bank ATM Machine Hindustan Petrol Pump, Vivek Vihar i.e.    OP-2. The amount of Rs. 3,000/- was not delivered by the above said ATM Machine. The complainant tried once again, but the result was same, ultimately, the above said amount was not delivered by the ATM Machine.
2. After waiting there about 15 minutes, the complainant neither received the money nor received any slip from ATM Machine, the complainant contacted the customer care from his mobile no. 9891912103 to ICICI Bank customer care no. 1800224848 but after hearing the complainant, the officials of the OP instructed the complainant to contact the concerned branch manager but nothing happened, hence this complaint.
3. Notice of the complaint was sent to the OPs.  Since none appeared on behalf of OP-2 despite notice, therefore, it was ordered to be proceeded with ex-parte on 08/08/2014 by our Predecessor Bench.
4.  OP-1 filed written statement. It is alleged that the OP-1 was acted upon the complaints of the complainant seriously and helped her in all possible manners to get her money back if the same has not been received by her from the said ICICI ATM and thus referred the matter of the complainant with regard to the disputed ATM transaction at NFS Network to its Debit Card Cell, Card Centre, corporate office, no. 69, 1^st Floor, 9^th Main, Jayanagar III Block, Bangalore.
5. It is further alleged that vide its letter dated 25/05/2013 informed the OP no. 1 that “the NFS Network Bank has rejected the good faith chargeback on 21/05/2013 pertaining to the above transaction by providing the proof that the transaction is successful”  It is submitted that the OP no. -1 has also supplied the copy of the said letter along with annexure to the complainant.  
6. Complainant and OP-1 have filed their respective evidence by way of affidavit, we have heard arguments advance at the bar and perused the records.
7. As none appeared on behalf of complainant for last many dates and    OP-2 was represented by counsel Ms. Sonakshi. She has drawn the attention of this Forum towards the order dated 02/06/2015, in which Mr. Rizvi undertook to settle the matter for a sum of Rs. 5,000/- and today Ms. Sonakshi is still willing to pay the same amount of Rs. 5,000/- to the complainant. As per the prayer clause, the complainant has prayed for a sum of Rs. 3,000/- alongwith interest and compensation.
8. After going the averments of parties and the inter/intro office memorandum of OP-1 the transactions is shown as successful. Hence, complainant has no case on merit, but as per the order dated 06/02/2015, in terms of the offer made by    OP-2, the Forum award a consolidated sum of Rs. 5,000/- in favour of the complainant which shall be paid by OP-2 which includes the litigation cost and compensation.  

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount. A copy of this order be sent to both the parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 02/09/2019

 

(ARUN KUMAR ARYA)

PRESIDENT

                (NIPUR CHANDNA)                                                                            (H M VYAS)

                    MEMBER                                                                                        MEMBER