DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 119/17

In the matter of:

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member

ORDER

1. The complainant had submitted that she had a savings bank account with OP2 bearing no. 91302180003360 which she operated regularly. She has further submitted that on 09.02.2017 at 18:34:39 hrs, she had gone to ATM of OP1 located at Kabool Nagar, Shahdara to make a withdrawal of Rs. 10,000/- which she did not receive but the said amount of Rs. 10,000/- got deducted from her savings account with OP2.  She made a complaint to security guard stationed at the ATM of OP1 who advised her to lodge a complaint before OP1 and thereafter she visited the office of OP1 and submitted a written complaint on 10.02.2017 with the request that the CCTV footage of that time be made available to her. Upon this, she was assured by OP1 that Rs. 10,000/- would be credited to her account within a month. Therefore, relying on the assurance given by the OP1 to the complainant the complainant didn’t take any action believing the statement of officials of OP1. However when the said amount did not get credited back into the account of the complainant by OP1 as promised, she was compelled to lodge a complaint to SHO Police Station Shahdara on 29.03.2017, which was accepted by Police Station, Shahdara vide  diary no. 58B.  The complainant has further alleged that OP1 has tampered with her bank account for which reason Rs 10,000/- got deducted from her account and against which she made a complaint at phone no. 100 to the police on 29.03.2017 and already with OP1 on 10.02.2017 and submitted what had transpired.  The complainant has visited OP2 also where she was assured that matter would be taken up with OP1 so that the money deducted from her account could be credited back to her account. The complainant has stated that she is visiting the office of OP1 & OP2 regularly and she is still getting false assurances from OP1 that Rs. 10,000/- would be credited in her account which has not yet been credited. It has been stated by complainant that deduction of Rs. 10,000/- from her account and false assurances given to her is a deficiency in service on the part of OP1 and therefore vide  the present complaint, the complainant has prayed before this Forum to issue directions to OP1 to credit her account with Rs. 10,000/- with interest and also to compensate her for mental and economic exploitation made by OP1 awarding an amount of Rs. 25,000/- in favour of complainant and Rs. 5500/- towards litigation charges. The complainant has annexed a copy of letter dated 10.02.2017 addressed to Manager of OP1, wherein she had requested for CCTV footage of the ATM of OP1 dated 09.02.2017, copy of pass book of her account               no. 91302180003360 held with OP2, copy of Police complaint dated 29.03.2017 addressed to S.H.O., PS Shahdara and a copy of ATM Cash Transaction Base 24- Switch Report highlighting the disputed withdrawal/ wrongful debit of                 Rs. 10,000/- on 09.02.2017 at 18:33 hours at ATM of OP1.
2. Notices were issued to OPs on 17.04.2017 for appearance in the Forum on 16.05.2017 and the same were delivered to the OPs. However, OP1 did not appear despite service effected on 25.04.2017 and was proceeded against ex parte vide order dated 15.11.2017. OP2 appeared on 16.05.2017 and received copy of the complaint alongwith annexures but neither appeared nor filed reply thereafter and was thereafter also proceeded against ex parte vide order dated 15.11.2017.
3. Evidence by way of affidavit and written arguments were filed by complainant in support of her contentions as made in her complaint on 03.01.2018 and 12.03.2018 respectively.
4. We have heard the oral arguments addressed by the complainant and have also gone through the documentary evidence placed on record by her. We are of the view that the complainant had used her ATM card no. 4033989130316885 at OP1 but did not get the amount of Rs. 10,000/- as per the ATM Cash Transaction Based 24 – Switch Report Entry. Moreover, the OPs did not appear before this Forum to rebut/counter the claim of the complainant of non receipt of cash. Further the complainant has averred that she has used her ATM Card on 09.02.2017 but did not get the money of              Rs. 10,000/- from the ATM of OP1 and therefore she lodged complaint before the OP1 bank officials on 10.02.2017 to the bank officials for making available the CCTV footage at that time also in order to confirm that she didn’t get money of                  Rs. 10,000/-, when using her ATM Card as well as complaint to police authorities on 27.03.2017. Keeping in view the above, we are of the considered view that the complainant has succeeded in proving deficiency of service against OP1, we therefore direct OP1 to remit the amount of Rs. 10,000/- back to the account of the complainant held with OP2 as well as pay an amount of Rs. 7,000/- towards the compensation for the mental, physical and economical harassment to the complainant and Rs. 3,000/- towards the litigation charges. No relief is being prayed for by the complainant against OP2 and therefore not granted. Let the order be complied within 30 days from the date of receipt of copy of this order by OP1, failing which OP 1 shall pay the interest @9% p.a. on the total awarded amount i.e. Rs. 20,000/- from the date of this order till the realization.
5. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6. File be consigned to record room.

(Announced on 24.05.2018)