Haryana

Yamunanagar

CC/357/2014

Sushil Kumar S/o RamKumar - Complainant(s)

Versus

Oriental Bank Of Commerce - Opp.Party(s)

Inperson

16 Sep 2016

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

                                                                                                Complaint No. 357 of 2014.

                                                                                                Date of institution: 27.08.2014

                                                                                                Date of decision: 16.09.2016.

Sushil Kumar aged about 40 years son of Shri Ram Kumar, resident of House No. 60, Shivpuri A, in  front of Janta Model School, Yamuna Nagar.                                                                                                                                                                       

                                                                                                                                               …Complainant.

                                                              Versus

Oriental Bank of Commerce, L.M.G. H. Branch Workshop road, near I.T.I. Yamuna Nagar through Branch Manager.                                                                                                                                                                                                                                                                                                                                   …Respondent.

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT.

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Sushil Kumar, complainant in person.  

              Sh. Rajiv Gupta, Advocate, counsel for respondent.  

 

ORDER

 

1.                     Complainant  Sushil Kumar has filed the present complaint under section 12 of the Consumer Protection 1986 praying therein that the respondent (hereinafter referred as OP) be directed to reimburse an amount of Rs. 3000/- which was not disbursed by the ATM machine of the OP Bank and also to pay compensation as well as litigation expenses.  

2,                     Factual matrix comprising the case of complainant sworn of details is that, complainant is having a bank account bearing No. 03182191002135 with the OP Bank i.e. Oriental Insurance Bank of Commerce and visited the ATM machine of the OP Bank to withdraw an amount of Rs. 3000/- but no amount was disbursed to the complainant except blank receipt. After that, complainant made a complaint to the OP Bank as well as to the head office of the Op Bank and requested for footage of the CCTV camera. The complainant also made the complaint to the Nodal Officer, Karnal and Gurgaon. After receiving the CCTV footage from the Op Bank, the complainant sent the same to the head office as well as Nodal Office Karnal and Gurgaon but inspite of that amount of Rs. 3000/- was not refunded to the complainant. Even, the complainant made the complaint to the banking Ombudsman RBI and lodged his complaint on 27.03.2014 vide complaint No. 201314014008004 but all in vain. Hence, this complaint.  

3.                     Upon notice, OP Bank appeared and filed its written statement. In the reply it is submitted that on 09.10.2013, there was a successful transaction of Rs. 3000/- from the ATM machine of the Op Bank as per J.P. Log entry/print out and further denied all the contents alleging that there is no deficiency in service on its part.       

4.                     To prove his case, complainant tendered his affidavit as Annexure CX and photo copies of documents such as copy of J.P. Log entry as Annexure C-1, copy of ATM receipts as Annexure C-2 and C-3, copy of complaint made to the Nodal Officer as Annexure C-4, copy of complaint made to the Ombudsman as Annexure C-5, Claim form sent to the Ombudsman as Annexure C-6, Intimation letter issued by Ombudsman as Annexure C-7, Copy of complaint to the Reserve Bank of India as Annexure C-8, Copy of complaint to the Branch manager LMGH work shop road dated 09.07.2014 as Annexure C-9 and closed his evidence.  During the course of arguments complainant tendered photo copy of his pass book which is marked as Annexure C-10.

5.                     On the other hand, counsel for the OP Bank tendered into evidence affidavit of Sh. Vijay Kant Arora, Manager OBC Bank as Annexure RW/A and documents such as Photo copy of J.P.Log print as Annexure R-1, photo copy of ATM receipt as Annexure R-2 and closed the evidence on behalf of OP Bank.

6.                     We have heard both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

 7.                    It is not disputed that complainant was having a bank account bearing No.  03182191002135  with the Op Bank. It is also not disputed that complainant not visited the ATM of the OP Bank to withdraw the amount of Rs. 3000/- which is duly evident from the receipt of ATM machine Annexure C-2 and C-3. The only plea of the OP Bank is that as per J.P.Log entry/print out, the response code was 000 which denotes the successful completion of the transaction. Since, the complainant had received amount through ATM transaction, therefore, there was no question of returning/refunding the amount claimed by the complainant and to prove this version the OP Bank has placed on file only copy of J.P.Log Print as Annexure R-1 as well as print of ATM receipts which is not readable as Annexure R-2 whereas on the other hand, the complainant draw our attention towards the photo copy of his pass book wherein on 09.10.2013 an amount of Rs. 3000/- has been shown as debited from the account of the complainant and also further referred the ATM receipts Annexure C-2 and C-3 wherein, in all the receipts under the head of response code “unable to disburse” has been shown and also draw out attention towards various complaint made to the Nodal Officer, Banking  Ombudsman, RBI and Branch manager LMHH workshop road, Yamuna Nagar as Annexure C-4 to C-9.

8.                     After hearing both the parties, we are of the considered view that there is a deficiency in service on the part of OP Bank as the Op Bank has totally failed to prove that the transaction in question was remained successful as no account statement for that day showing opening balance and closing balance of the cash put in the ATM machine has been placed on file. Mere filing photo copy of J.P. Log Print without any signature, it cannot be presumed that OP Bank has discharged his onus to prove that transaction made by the complainant was successful. Further, even the Op Bank has also not placed on file any footage on the file to prove that the transaction in question was successful. Further no affidavit has been placed on file in support of photo copy of J.P. Log Print Annexure R-1 as this print bears no signature of any authority and also not attested as a true copy which have no weightage in the eyes of law whereas on the other hand, from the perusal of ATM receipts Annexure C-2 and C-3 and various complaints made by the complainant on different dates Annexure C-4 to C-9 and further from the photo copy of pass book Annexure C-9, it is duly evident that an amount of Rs. 3000/- has been debited from the account of the complainant on 09.10.2013.

9.                     In the circumstances noted above, we are of the considered view and in the interest of justice, the complainant is entitled to get refund of Rs. 3000/- from the complainant.

10.                   Resultantly, we partly allow the complaint of complainant and direct the OP Bank to refund an amount of Rs. 3000/- to the complainant within a period of 30 days failing which the OPs will also be liable to pay interest at the rate of 7% per annum for the defaulting period and further to pay a sum of Rs. 3000/- as compensation for mental agony, harassment as well as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 16.09.2016

                                                                        (ASHOK KUMAR GARG)

                                                                        PRESIDENT

 

 

                                                                        (S.C.SHARMA  )

                                                                        MEMBER