IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 20/10 DATED 17.03.2010<br /> ORDER<br /> <br /> Complainant Arun Madhusudan.R, No.2 Block 1, Health Block, II Stage, Dattagalli, Mysore-570023.<br /> <br /> (In person)<br /> <br /> Vs. <br /> Opposite Party The Manager, Oriental Bank of Commerce, No.123/C Dewan’s Road, Mysore-570024. <br /> (By Sri. M.S.G, Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 19.01.2010<br /> Date of appearance of O.P. : 03.02.2010<br /> Date of order : 17.03.2010<br /> Duration of Proceeding : 1 Months 14 days<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> <br /> 1. The complainant has filed the complaint alleging deficiency in ATM service.<br /> 2. In the complaint amongst other facts it is alleged that, the complainant has S.B. Account No.015201500926 with ICICI Bank, Mysore. The complainant has also debit card of the said Bank. Wife of the complainant had to get scanning/lab test done on 15.11.2009 in the early morning hours. Hence, on 14.11.2009 at 10:11 p.m. he tried to withdraw Rs.3,000/- through debit card from the opposite party ATM located at Kuvempunagar. After entering appropriate details the machine did not dispense the amount. Immediately complainant checked the balance. It showed withdrawal of the amount. It was informed to the security. He was unable to help. Since the Bank was closed for the day, at that time, the complainant called the customer care of the ICICI Bank and lodged the complaint. The complainant was informed that, the amount will be reverted back into the account within 12 working days. Waiting for 17 days, there was no reply. The complainant again visited his Bank, who told that, they had followed up with the opposite party and had received reply that, transaction was successful. Hence, the money was not reverted back. Then the complainant gave written complaint to look into the matter. Bank of the complainant told that, the amount will be reverted back within 12 working days. On December 19th again complainant visited his bank and received the same reply. On the advise of his Bank, the complainant approached the opposite party, in person and requested to check the matter. The opposite party asked the complainant to visit it’s branch at Dewan’s road. Complainant went there and enquired. Complainant raised one more complaint. They refused to give acknowledgement. They asked to wait for 12 working days. Complainant waited, but the opposite party failed to provide the details and revert back the amount. Complainant was not able to get scanning/test required. Due to inconvience caused he had to make several trips, for which he spent lot and busy working schedule and he suffered mental tension.<br /> <br /> 3. The opposite party in the version denied certain facts alleged in the complaint. It is contended that, for non joinder of ICICI Bank, the complaint is not maintainable. Further it is contended that, the complainant did not lodge written complaint. However, on oral complaint of the complainant, on investigation it was found that, money had not been issued from ATM, for the reason network failure and command link was skipped. It is contended that, there was no deficiency as the opposite party is only the service provider. Also, it is stated that, money has been reverted back into the account of the complainant. It is stated, the error is not intentional or man made. The complainant has filed false and imaginary allegations to harass the opposite party, which is Public Sector Bank, for wrongful gain. Hence, it is prayed to dismiss the complaint.<br /> <br /> 4. To prove the facts alleged in the complainant, the complainant has filed his affidavit and produced certain documents. On the other hand, the Manager of the opposite party has filed his affidavit and produced certain documents. We have heard the complainant in person and learned advocate for the opposite party and perused the records.<br /> <br /> 5. Now the points arises for consideration are as under:-<br /> 1. Whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the reliefs sought?<br /> 2. What order?<br /> <br /> 6. Our findings are as under:-<br /> Point no.1 : Partly in affirmative.<br /> Point no.2 : As per the order.<br /> <br /> REASONS<br /> 7. Point no. 1:- Without repeating the facts alleged in the complaint and the contentions in the version, according to the complainant ATM of the opposite party Bank did not dispense the amount , when he attempted to withdraw. However, the amount was debited in the account. In the version, opposite party has admitted that, the ATM did not dispense the amount. Hence, there is deficiency in service on the part of the opposite party.<br /> <br /> 8. Opposite party has contended that, the amount was not dispensed due to network failure and command link had skipped. Whatever may be the reason, there is deficiency on the part of the opposite party. It is bounden duty of the opposite party to maintain the ATM functioning without fault.<br /> <br /> 9. The opposite party has contended that, complaint is not maintainable, for non joinder of ICICI Bank. Since there is no deficiency on the part of the said Bank and there being no allegations of the complainant against the said Bank, we found no substance in the said contention of the opposite party. More over, as noted above, deficiency in service on the part of the opposite party has been established and hence, the complaint against the opposite party is maintainable.<br /> <br /> 10. At the end of 10th paragraph of the version, opposite party has contended that, it had immediately enquired about the same and instructed the clearing data and reverted the money to the account of the complainant. Purposely opposite party has not stated the date of reverting the money. It is stated by the complainant that, after filing the complaint said money has been reverted into his account. Contending that immediately money has been reverted into the account of the complainant, in fact, the opposite party intended to mislead the Forum.<br /> <br /> 11. In the 10th paragraph of the version, it is contended by the opposite party that, the complainant has filed the complaint with false and imaginary allegation not only to harass the opposite party, which is public sector Bank, but also for wrongful gain. The opposite party has miserably failed to establish what false fact or allegations are made by the complainant. So also, opposite party has not made out what are the imaginary allegations made by the complainant. Can it be said that, the bonafide consumer filing genuine complaint, for deficiency in service on the part of the Bank, for non dispensation of the amount from the ATM, is for wrongful gain? At the cost of repetition, as noted above, if the amount was reverted back immediately when the complainant complained, it was different aspect. As noted earlier, many a times, the complainant approached his Bank and so also the opposite party but there was no response. Filing complaint, for non dispensation of amount by the ATM and that amount being not paid or reverted into the account, cannot be said that, the complainant has filed the complaint for wrongful gain. It is stated in the version that, the opposite party is public sector Bank. It is run out of public money. It is contended in the version that, the complainant has filed complaint with ulterior motive. What is ulterior motive is not disclosed. To put forth just grievance of non dispensation amount by ATM of the opposite party cannot be said that, the complainant has filed the complaint with the ulterior motive. On the other hand, with an ulterior motive to harass the complainant, the opposite party did not redress the grievance of the complainant, Soon after the deficiency was brought to its notice. In spite of these facts, the opposite party has set up false and frivolous contentions. It is definite and specific case of the complainant that, on the next day he was to check his wife for scanning/tests of laboratory in the early morning and as such, on the previous day at about 10:11p.m. he tried to withdraw the amount. Under the circumstances urgency and necessity of money needs to be noted. In addition to the fact that the complainant as submitted made several trips to his Bank, as well as opposite party Bank, the opposite party made an attempt to contended that, the complainant did not lodged written complaint. As mentioned in the version itself, according to opposite party, it has acted on the oral complaint of the complainant. Even otherwise, Bank of the complainant had complained and informed the fact to the opposite party and in fact, the opposite party in turn reported that the transaction was successful. Under the circumstances, the opposite party has made it’s all attempts to put forth false contention and to escape the liability. Under the circumstances, we feel it just and appropriate to award compensation of Rs.4,000/-. Amount of Rs.3,000/- has been already reverted.<br /> <br /> 12. Accordingly, our finding on the point is partly in affirmative.<br /> <br /> 13. Point No. 2:- From the discussion made above and conclusion arrived at, we pass the following order.<br /> <br /> ORDER <br /> 1. The complaint is partly allowed.<br /> <br /> 2. The opposite party is hereby directed to pay compensation of Rs.4,000/- to the complainant within a month from the date of the order, failing which the amount will carry interest at the rate of 12% p.a.<br /> <br /> 3. Further, the opposite party shall pay a sum of Rs.1,000/- to the complainant the cost of the proceedings.<br /> <br /> <br /> 4. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 17th March 2010)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br />