Delhi

South West

CC/16/283

PREM SINGH - Complainant(s)

Versus

ORIENTAL BANK OF COMMERCE - Opp.Party(s)

16 Nov 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VII

GOVT. OF N.C.T. OF DELHI

LOCAL SHOPPING COMPLEX, SHEIKH SARAI, NEW DELHI-110017

 

 

Complaint No. DF. VII/283/16                                                          Dated :

 

In the matter of :

Prem Singh

H.No. R. Z M 40 Gali No. 3,

Vijay Enclave,

New Delhi-110045                                                                              ….Complainant

 

Versus

 

 

•  

Oriental Bank of Commerce

29/2 Vijay Enclave

Main Palam Dabri Road

New Delhi-110045                                                                              ….Opposite Party

 

 

O R D E R

 

(S.S.SIDHU, MEMBER)

The complainant is holder of Saving Bank Account No.09352010036780 with OP Bank since 06.02.2004(copy enclosed at Annexure – 1). The OP Bank had issued an ATM, Debit Card No.4357089616306571 against the said Saving Bank Account (Copy at   Annexure-2). On 20.01.2016 at about 06:34 p.m.

The complainant had used the said debit card to withdraw cash Rs.12,000/- form the OP Bank’s ATM machine. While making ATM transaction, the ATM machine failed to dispense cash and no receipt was issued for the same. However the OP Bank had debited Rs.12,000/- from the saving bank account of the complainant which was confirmed by Bank’s SMS on his registered mobile number. A copy of Bank statement showing debit entry of Rs.12,000/- is enclosed as Annexure-3. The despite repeated personal and telephonic requests, the OP Bank did not reverse the entry of non disbursed cash at ATM and sum of Rs.12,000/- was not credited back in his saving bank account. A letter dated 22.04.2016 was also sent in this regard, to the OP Bank but the same was ignored and the grievance was not Redressal (copy enclosed at Annexure-3A).

The complainant has filed a copy of circular dated17.07.2009 of RBI, alongwith the complaint as Annexure-5, whereby all the bank have been directed “to reverse un-dispensed  cash amount to customers within 12 days and failure to do so will penalty of Rs.100/- per day to the Account holder, which shall be paid by the Bank.”

 

Alleging deficiency in service by the OP Bank the complainant has prayed that the OP Bank be directed to pay un-disbursed amount of Rs.12,000/- alongwith its due interest to the complainant’s Account and also pay Rs.100/- per day in accordance with guidelines of RBI in the said circular. Besides, sum of Rs.8000/- be paid as litigation cost and compensation for harassment.

Notice of the complaint was issued to the OP, but despite having duly received the notice, none appeared for OP Bank. Hence, the OP was proceeded exparte on 08.07.2016 Thereafter, the complainant filed evidence and written arguments.

We have perused the averments and record of the case. The OP being exparte, we see no reason to disbelieve the sworn testimony of the complaint and the same is accept as true.

The complainant has brought on record a copy of statement of his Account with OP Bank (Annexed as Annexure-1, 2 & 3 with complaint) which reveals that amount of Rs.12,000/- was debited form his bank Account on 29.01.2016. A perusal copy of the application dated 22.04.2016 addressed to Bank Manager of the OP bank, received by the said OP Bank on 24.04.2016 (Annexed at Annexure-3A) whereby he requested them to reverse/re-credit the amount of Rs.12,000/- to his bank account but the OP Bank did not pay any heed to his requests. We observe that in case the said amount would have been disbursed through ATM transaction or even if that amount would have been credited back to his bank account, there was no need for the complainant to pay visits and sent complaint to the OP Bank. The said conduct of the OP Bank which even did not bother to respond to the notice from this Forum, leads us to believe that the OP Bank had scant regard for the genuine grievances of the complainant. A copy of the circular dated 17/07/2009(brought on record by the complainant as Annexure-5) shows that according to instructions of the RBI to the banks. “Banks are required to re-imburse to the customers the amount wrongly debited on account of failed ATM transaction’s within a maximum period of 12 days from the date of receipt of customer complaint and for any failure to re-credit the customer account within 12 working days from the date of receipt of the complaint, the bank shall pay compensation of Rs.100/- per day to the aggrieved customer. We find that the OP bank has also violated the instructions of the RBI.

In view of the facts and circumstances explained above, we come to the irresistible conclusion that the OP Bank is guilty of the deficiency in service in this case. Accordingly we direct to the OP Bank to pay/re-credit a sum of Rs.12,000/- to the saving account of the complainant, the bank, alongwith interest @ 10% p.a. from 01.02.2016 (The date of debit of the amount being 20.01.2016) and pay Rs.3000/- as compensation for physical and mental harassment as well as cost of litigation.

 

This order shall be implemented within one month from its receipt failing which further interest @ 12% p.a. shall be liable to be paid by the OP.

 

•  One true copy each of this order be sent to the concerned parties by registered post.

 

• This final order be sent to server (www.confonet.nic.in).
• Thereafter, file, be consigned to record.

 

 

Order Pronounced on: 10 Nov 2017

 

 

 

(S.S.SIDHU)                                           (HARSHALI KAUR)                                               (DIVYA JYOTI JAIPURIAR)

  MEMBER                                                     MEMBER                                                                       PRESIDENT