Delhi

East Delhi

CC/919/2015

ANAND PARKASH GUPTA - Complainant(s)

Versus

PANJAB SIND.BANK - Opp.Party(s)

09 Apr 2019

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. 919/15

 

Shri Anand Prakash Gupta

S/o Shri Paras Nath sah,

R/o 860A, Gautam Gali, Gali No.2,

Atta Chakki Gali, Jawala Nagar,

Shahdara Delhi-

                                                 ….Complainant

Vs.    

1. Punjab and Sind Bank

CSC Market, A Block,

Anand Vihar, Delhi

 

2. Bank of Baroda

Vivek Vihar Delhi                               

           …Opposite parties

 

Date of Institution: 05.12.2015

Judgement Reserved on: 09.04.2019

Judgement Passed on: 11.04.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

JUDGEMENT

The present complaint has been filed by Shri Anand Prakash Gupta, complainant against Punjab and Sind Bank, (OP-1) and Bank of Baroda (OP-2) under Section 12 of the Consumer Protection Act, 1986 for unfair trade practice and deficiency in services.

Briefly stated the facts of the present complaint are that the complainant is maintaining an account no. 05651000067060 with Punjab and Sind Bank (OP-1). On 08.08.2015 at 19:18 hrs the complainant tried to withdraw a sum of Rs. 10,000/- from the ATM of Bank of Baroda (OP-2), but no money was dispensed, even though he waited for 20 minutes. The complainant visited the office of the OP-1, when he received the message regarding his account being debited by Rs. 10,000/-, but he did not get any satisfactory answer. It has been stated that neither the amount debited has been reversed to the account of the complainant nor any CCTV footage has been shared despite several requests. OPs have failed to provide satisfactory services as assured to the complainant which has caused mental harassment and agony. Hence, the present complaint with prayer for direction to OP to reverse the amount of Rs. 10,000/- in the complainant’s account; Rs. 15,000/- as compensation on account of mental agony and harassment and Rs. 10,000/- as cost of litigation.

A letter dated 15.10.2015 by OP-1, a written undated complaint by the complainant, various e-mails of different dates from 19.08.2015 till 30.10.2015, complaint for ATM transaction form, copy of passbook, letter by OP-1 requesting OP-2 to share the CCTV footage which is of date 09.02.2016 have been annexed with the complaint.

Notice of the present complaint was served upon OPs, wherein the letter dated 20.01.2016 was filed by OP-1, where they have stated that despite several reminders to OP-2 to share CCTV footage of the date of incident i.e. 08.08.2015, OP-2 had not provided the same.

Written statement was also filed on behalf of OP-2, where they have taken several pleas in their defence such as complainant was not a consumer qua them, the transaction was found to be successful on enquiry and the same was conveyed to OP-1 with relevant details. As per ATM’s switch report dated 08.08.2015, Electronic General Report (EJ Report), report from Debit card reconciliation department dated 09.01.2016 and cash report dated 11.08.2015 with respect to ATM in question clearly reflected that the transaction was successful. It was further submitted that CCTV footage was not essential to determine whether the transaction was successful or not. It was further submitted that the complainant was not aware that he had to press “Cancel” button after having failed to withdraw the money and leaving the ATM without pressing the “Cancel” button after an unsuccessful attempt of withdrawal of money created every possibility for withdrawal of the same by the stranger and in that case OP-2 cannot be held liable. Rest of the contents of the complaint have been denied. ATM switch report, EJ report, cash report have been filed with the reply.

Evidence by way of affidavit was filed by OP, where they have reaffirmed on oath their contents of the complaint.

Ms. Sonia Garg, was examined on behalf of OP-2, who has also repeated the contents of their reply and has got exhibited copy of ATM switch report dated 08.08.2015 as Ex.OP2W-1/1, copy of EJ Report dated 08.08.2015 as Ex.OP2W-1/2, copy of report from Debit card reconciliation department dated 19.01.2016 and cast report dated 11.08.2015 as   Ex.OP2W-1/3 and Ex.OP2W-1/4 respectively.

We have heard the arguments on behalf of Ld. Counsel for the Complainant and Ld. Counsel for OP-2 and have perused the material placed on record. Since, OP-1 did not put appearance, they were proceede ex-parte. The complainant has stated that the money was not dispensed by the ATM maintained by OP-2, but an amount of Rs. 10,000/- was debited from his account maintained with OP-1 and despite several requests OP-2 did not share CCTV footage of the date of incident i.e. 08.08.2015, the same fact has been supported by the communication between OP-1 and OP-2. Further OP-2 in their WS have also stated that CCTV footage was not essential and in case the complainant had failed to press the cancel button after an unsuccessful attempt of withdrawal of money, there could have been possibility of withdrawal by some stranger. Thus, from the above contention of  OP-2 it makes all the more important that the CCTV footage should have been placed on record. It has been held in “State bank of India V/s Sansar Chand Kapoor and Anr. in RP 2889 of 2014 decided on 15.01.2015” by Hon’ble National Commission that the bank ought to have made available a copy of the CCTV footage to the complainant. Thus, the bank was deficient in rendering services to the complainant by not making available a copy of CCTV footage.

Therefore, from the above discussion we hold that OP-2 was deficient in delivering services and direct them to pay Rs. 10,000/- alongwith interest @9% per annum from the date of deduction i.e. 08.08.2015 till realization. We further award Rs. 7,500/- as compensation on account of mental agony and harassment, inclusive of litigation expenses.  

This order be complied within 30 days from the date of receipt of this order else compensation of Rs. 7,500/- shall carry interest @9% per annum from the date of order till realization.

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

File be consigned to Record Room.

 

    

  (HARPREET KAUR CHARYA)                                                                              (SUKHDEV SINGH)                                                           Member                                                                                                    President