Delhi

East Delhi

CC/104/2013

ASHOK KR. RAI - Complainant(s)

Versus

P.N.B. - Opp.Party(s)

08 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  104/13

 

Shri Ashok Kumar Rai

S/o Shri Raj Balam Rai

R/o House No. 32

Molad Band Gaon, Delhi                                              ….Complainant

 

Vs.

 

1. Punjab National bank

Through it’s A.R. /Manger

Branch Office at E-Block

DDA Market, Mayur Vihar

Phase-II, Delhi

 

2. Punjab National bank

Through it’s A.R. /Manger

Personnel Administration Division

H.O.- 7, Bhikaji Cama Place

New Delhi                                                                      …Opponents

 

Date of Institution: 11.02.2013

Judgement Reserved on : 08.02.2018

Judgement Passed on: 08.02.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

           

            This complaint has been filed by Shri Ashok Kumar Rai against Punjab National Bank (OP), under Section 12 of the Consumer Protection Act, 1986 with allegations of deficiency in service. 

 

2.         The facts in brief are that the complainant Shri Ashok Kumar Rai was having saving account and ATM Card vide no. 5126 5201 1144 8614 of Punjab National Bank (PNB).  When he has gone through the bank statement of 04.01.2013, he came to know that a deduction of Rs. 10,000/- as withdrawn from his account was shown.  He made complaint of this illegal deduction of Rs. 10,000/- to police station as well as various authorities, but nothing happened.  Thus, he has stated that this illegal deduction amounts to deficiency in service for which he has suffered mental pain and suffering.  Thus, he has stated to be entitled for damages of      Rs. 20,000/- in addition to Rs. 10,000/- deducted alongwith Rs. 20,000/- on account of litigation. 

 

3.         In the WS, filed on behalf of PNB, they have denied the allegations and have stated that complainant had withdrawn Rs. 10,000/- on 20.12.2012 as per their record and the said transaction was successful as per log/ATM account inclusive of JP log.  Thus, they have denied their liability.

 

4.         In support of its complaint, complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has got exhibited documents such as copy of ATM Card (Ex.CW-1/1), copy of account statement (Ex.CW-1/2) and copy of complaint to police station dated 04.01.2013 (Ex.CW-1/3). 

            In defence, OP have examined Shri Rajiv Ranjan, power of attorney holder of PNB, who have also deposed on affidavit.  He has also narrated the facts which have been stated in the Written Statements.  He has also got exhibited documents such as copy of J.P. log / ATM account  (Ex.RW-1/1 and 1/2).

 

5.         We have heard Ld. Counsel for the complainant and have perused the material placed on record as the counsel for OP did not appear to argue.  Though, complainant have stated that he has not received an amount of Rs. 10,000/- when he made the transaction, but evidence on record brought in the testimony of Shri Rajiv Ranjan such as reconciliation sheet / J.P. log (Ex.RW1/1 and 1/2) show that the amount of Rs. 10,000/- was withdrawn. 

            In the presence of this evidence and in the absence of any evidence on contrary produced by the complainant, it cannot be said that the complainant have not withdrawn an amount of Rs. 10,000/-.  That being so, the allegations put by the complainant against Punjab National Bank, cannot be accepted.  Therefore, there cannot be said to be any deficiency on the part of Punjab National bank. 

            When there was no deficiency on the part of OP, no case of the complainant has been made out.  Therefore, his complaint deserves its dismissal and the same is dismissed.   There is no order as to cost.

 

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

 

            (SUKHDEV SINGH)

             President