Delhi

East Delhi

CC/1098/2013

DEEPAK KUMAR - Complainant(s)

Versus

PNB BANK - Opp.Party(s)

02 Feb 2017

ORDER

       DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

        CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                  Consumer complaint no.      1098/2013

                                                                                                Date of Institution                19/12/2013

                                                                                                Order Reserved on               02/02/2017

                                                                                                Date of Order                        03/01/2017  

                                                                                                       

In matter of

Mr. Deepak Kumar, adult   

R/o – HN E 585, Ambedkar Park

West Vinod Nagar, Delhi 110092..………………....………..…………….Complainant

                                                                    

                                                                         Vs

The Branch Manager, PNB

L 142-143, Shakarpur,  

Laxmi Nagar Delhi 110092……………………………………………………….Respondent

 

Complainant ……………………………………………….In Person 

Opponent’s Advocate………………………………….Shalini Upadhyaya    

 

Corum             Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                    

                         Mrs Harpreet Kaur     Member

 

Order by Dr P N Tiwari, Member 

 

Brief Facts of the case                                                                                                

 

Complainant had saving bank account in OP bank vide saving account no. 1603000102070408 and ATM debit card no. 5126520194057324 as marked Ex CW1/1 & 2.

On 06/10/2013, complainant used his ATM card for withdrawing a sum of Rs 4200/-from Bank of Baroda ATM, but could not receive the amount and withdrawal slip showed “Unauthorized Card usage.” He again tried to withdraw amount from OP bank ATM, but again got the same message of unauthorized card usage marked here as CW1/3.  

He made a call at customer care centre of OP who told that there may be some problem in his card so he could use cheque to withdraw money.

 

Thereafter, he presented a cheque of 4200/- at OP branch, but bank told there was no balance. He again made a call at customer care centre who assured that amount will be reverted in his account.  

Complainant visited OP bank number of times to get the amount reverted in his account, but did not get the same amount reverted in his account. Thereafter, he also gave written complaint to OP bank, Ombudsman, Police and Reserve bank on dated 19/10/2013, 07/11/2013, 14/11/2013 and 19/11/2013 as marked Ex CW1/4 to CW1/8. He received a note from Reserve Bank stating they had received a complaint from OP bank and would inform after examining all the facts to the complainant as marked CW1/9.    

When he did not get any reply, filed this complaint and claimed reversal of debited amount Rs 9,500/-with Rs 50,000/-as compensation for physical harassment and litigation charges and Rs 25,000/- as litigation charges.  

 

Notice was served. OP submitted written statement and denied all allegations pertaining to failure to get the cash withdrawn. OP submitted detail ATM transaction data obtained from ATM cell marked as OPW1/1, balance sheet of his account as OPW1/2, SBI cash inquiry data marked as OPW1/3 clearly showed as “transaction of amount Rs 9500/-was successful” and no extra cash was found.  Hence, OP denied any deficiency in their working and defect in ATM, thus the complaint had no merit and may be dismissed.

 

Complainant submitted rejoinder and denied replies submitted by the OP. In his evidence stated and affirmed on affidavit that he could not withdraw a sum of Rs 4200/ from ATM which he used on 06/10/2013. He restated that a sum of Rs 9500/ were debited from his account.  

 

OP also submitted their evidence on affidavit through Sh Rajendra Prasad Sati, SWO of OP bank, affirmed that their internal computerized data of ATM clearly showed “successful transaction of a sum of Rs 9500/-vide transaction ID no. 0484 dated 06/10/2013 and no extra cash was found in their record.

 

Arguments were heard from complainant and Ld counsel of OP. Order was reserved.

 

After going through all the facts and evidence on record, we have observed from the zerox of ATM transaction slips vide CW1/3, it is clearly evident that complainant had not submitted any proof of withdrawal of amount Rs 9500/-on dated 06/10/2013. He had submitted 03 slip’s zerox of PNB, Khari Baoli, Delhi dated 26/09/2013 where he used his ATM Card at 14.40 hours from ATM ID H 1012200 against his card no. 512652xxxxxxxxx324 and withdrawn a sum of Rs 2000/- with response code 0000 as successful transaction.  

The second slip pertains to Bank of Baroda ATM at Karawal Nagar, Delhi which he used at 16.32 hours on 06/10/2013 with card no. 5126521xxxxx6611 where “Transaction was declined” under code 050 as “Unauthorized card usage”.

Thereafter, he used ATM of OP at Chahapur, Karawal Nagar, Delhi at 17.03 hours on dated 06/10/2013 having ATM ID H3457900. He used card no. 512652xxxxxx611 where “Transaction was declined” under code 150 as “Unauthorized card usage”.

 

We have also gone through his ATM transaction account details submitted by OP bank vide OPW1/1 showing transaction details of complainant’s card. He used his card at 16.36 hours and withdrew Rs 10,000/- successfully and subsequently he again used card at 16.37 hours and withdrew Rs 9500/- with response code 0000. Thereafter, he again used his card immediately at the same time and this time transaction was declined as balance shown as zero.

 

On corroborating this fact with his account details, showing successful transaction of Rs 9500/-on 06/10/2013 and the same amount was deducted from his account also. The account sheet showed that complainant was depositing huge amount in cash at number of times with OP bank and had operated ATM also. There was no such issue of declining transaction except when there was no balance in his account.   

It is evident that complainant was using various other ATM cards of different numbers, but had no knowledge of correct PIN number and quoted all such evidences in his support. 

Hence, we come to the conclusion by taking merit of the case and evidence submitted by both the parties, it is clearly evident that there was no deficiency in OP working and functioning of ATM.

Thus, this complaint has no merit and the same disserves to be dismissed, so dismissed without cost. 

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

 

(Dr) P N Tiwari Member                                                                            Mrs Harpreet Kaur Member                                                                        

 

 

                                       

                                                     Shri Sukhdev Singh President