Complainant Amit Sharma has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to credit the amount in his saving bank account alongwith interest from the date of deposit  upto actual realization. Opposite parties be further directed to pay Rs.1,00,000/-as compensation on account of mental agony  physical harassment and deficiency in service alongwith Rs.5,000/- as litigation expenses, in the interest of justice.

2.       The case of the complainant in brief is that he is maintaining his Saving Bank Account No.09882191004262 with Oriental Bank of Commerce (Now PNB), Branch Ground Floor, 1-6 Sec. Panchkula, Haryana. On 21.10.2020 at 2.05 P.M. he deposited Rs.20,000/- i.e. 100 notes for the denomination of Rs.200/- in the ATM of the opposite parties but the ATM machine accepted only 49 Notes and 51 Notes were not accepted and came out from the ATM. He received back 51 Notes for the denomination of Rs.200/- and remaining 49 Notes for the denomination of Rs.200/- were accepted by the ATM. Hence, in this way he has deposited Rs.9800/- in the ATM on the aforementioned date and time but to his utter surprise, the above mentioned amount has not so far been credited into his saving account. Thereafter, he moved an application to the opposite party no.1 with a request for doing the needful and for crediting the amount in question in his saving bank account. The opposite party no.1 further made numerous requests to the opposite party no.2 and other authorities in writing to the opposite party no.2 and other authorities in writing for doing needful into the matter and crediting amount of Rs.9800/- in his Saving account but all in vain. Thus, there is deficiency in service and unfair trade practice on the part of the opposite parties. Hence this complaint.

 3.          Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complainant has not come to the Commission with clean hands and is the guilty of suppression of material and real facts from the Hon'ble Commission; the complaint of the complainant is not maintainable and the complainant has got no locus standi to file the present complaint. On merits, it was admitted that the complainant was deposited Rs.9800/- in the ATM. The complainant moved an application to the opposite party no.1 for doing needful. After receiving the said application, the opposite party no.1 enquired the matter from the concerned departments. After proper enquiry from the concerned department, the opposite party has already credited a sum of Rs.9800/- in the Saving Account of the complainant on 3.3.2021. It was correct that the opposite party performed their duties in time and made requested to the concerned department/authorities for doing needful into the matter. Thus, there is no deficiency in service on the part of the opposite parties. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.   

4.       Alongwith the complaint, complainant has filed his own affidavit Ex.C-W/A alongwith other documents Ex.C-1 to Ex.C-7.

5.      Alongwith the written statement ld.counsel for the opposite parties filed affidavit of Sh.Jagan Nath Senior Manager Ex.OPW/A alongwith document Ex.OP-1.

6.        Rejoinder filed on behalf of complainant.  

7.      Written arguments not filed by the parties.

8.        We have carefully gone through the pleadings of counsel for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the parties for the purposes of adjudication of the present complaint.

9.     As detailed above in the present complaint, complainant alleged that an amount of Rs.9800/- deposited through ATM of opposite party no.1 on 21.10.2020 has not been credited to his bank account. Copies of the application, account summary and detailed conversation of opposite party has been placed on record by complainant at Ex.C-1, C-1, C-3 to C-7.

10.     Opposite parties in their written statement admitted that an amount of Rs.9800/- was deposited through ATM by the complainant on 21.10.2020 but not credited to his account. It is further admitted that the same amount has been later on credited to the account of the complainant on 3.3.2021 after thorough investigation of the case. Copy of account of statement has also been attached at Ex.OP-1.

11.    Ld.counsel for complainant also agreed to the reply of opposite parties during the course of arguments that amount of Rs.9800/- has been credited to the account of complainant but it has been done after a period of more than 4 months with the regular follow up and filing of the present case in 2/2021 by the complainant.

12.      From the above facts of the case, we are of the opinion that no doubt the said amount has been credited back to the account of the complainant but complainant has suffered a lot for follow up of the case for the period of more than four months. Moreover he has to file the present case due to unnecessary delay to settle the issue by opposite parties. This amounts to deficiency in service on the part of opposite parties. So the complainant needs to be compensated accordingly.

13.     In view of the aforesaid discussion by considering the facts and circumstances of the case the present complaint is partly allowed and opposite party no.1 is hereby ordered to pay lumpsum amount of Rs.5,000/- to the complainant as compensation for mental harassment and litigation expenses within 45 days from the date of receipt of copy of the orders, failing which it will attract 6% interest per annum till the realization of the same.

14.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

15.    Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

            (Naveen Puri)

                                                                            President   

Announced:                                                   (B.S.Matharu)

December 01, 2022                                               Member

*MK*