Haryana

Ambala

CC/323/2017

Begraj Singh - Complainant(s)

Versus

PNB - Opp.Party(s)

Akash Garg

04 May 2018

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                          Complaint No.323/17.

                                                          Date of Instt.20.09.2017.

                                                          Date of Decision: 04.05.2018.

 

Begraj Singh aged 66 years s/o late Sh.Raghbir Singh resident of House No.39- AB Tagore Garden, Ambala Cantt.

                                                                             ….Complainant.

                             Vs.

 

1. Punjab National Bank, Timber Market, Ambala Cantt. through its Branch Manager.
2. Punjab National Bank, Sadar Bazar, Ambala Cantt. through its Branch Manager.
3. Chief Manager Punjab National Bank, PNB FGM Office Sector 17-B Chandigarh.

                   ….Opposite parties.

          Complaint U/s 12 of CP Act, 1986

 

 BEFORE: SH. D.N.ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR,MEMBER                                                 SMT.ANAMIKA GUPTA, MEMBER

 

Argued By: Sh.Ashok Garg, Advocate for complainant.

                   Sh.S.K.Mehta, Advocate for OPs.

 

ORDER

 

                   The complainant has filed this complaint against the opposite parties with the averments that he had visited the ATM of OPs adjacent to branch of OP No.1 for withdrawal of Rs.4,000/- but the amount could not be withdrawn despite efforts by 3/4 times but after leaving the spot the complainant received a telephonic message that an amount of Rs.14,000/- has been debited from the account No.0014000113575003  of the complainant. On the next day i.e. 09.05.2016 complainant moved an application to Op No.1 and requested to provide CD of the ATM from 11.20 AM to 12.20 PM of 08.05.2016 which was provided by the OPs. The footage of CC TV Camera clearly shows that no amount has been received by the complainant despite inserting the ATM card number of times. Thereafter the complainant moved applications to the OP Nos.1 & 2 and requested to refund the amount  and when his grievance was not redressed he sent an email to Banking Ombudsman RBI and in response thereto he received an email from OP No.3 that as per record the transaction has been successful and cash was dispensed. The complainant again received an email from OP No.3 advising him to get lodge an FIR with police authorities and to submit the copy within five days. On 02.11.2016 he received a letter from Banking Ombudsman qua rejecting his claim and that too was without any proper investigation. The act and conduct of the Ops clearly amounts to deficiency in service. In evidence, the complainant has tendered affidavit Annexure CA and documents Annexure C1 to Annexure C11.

2.                          On notice OPs appeared and filed their joint reply wherein preliminary objection such as maintainability and concealment of material facts have been taken. It has been submitted that the OPs are not liable to refund the amount as the complainant himself has admitted that the person who was standing behind him had received the cash from the machine. Other contentions have been controverted and prayer for dismissal of the complaint has been made. In evidence the OPs have tendered affidavit Annexure RA.

3.                          We have heard the complainant and learned counsel for the OPs and have gone through the case file very carefully.

4.                          As per version of the complainant he tried to withdraw the amount of Rs.4,000/- from ATM number of times but  deduction  of Rs.14,000/- has been shown in his account without disbursing any amount to him. He had moved an applications Annexure C2, Annexure C3 to the OPs regarding refunding of amount of Rs.14,000/- and he drew the attention of Forum qua correspondence made through emails Annexure C 5 to Annexure C7. The complaint of the complainant was closed vide Annexure C8 by the Banking Ombudsman and in response to the application Annexure C4 the Ops had provided the CCTV footage to the complainant which is placed on the case file as Annexure C10.  Learned counsel for the complainant has further argued that the Ops have not refunded the wrongly debited amount of Rs.14,000/- to the complainant as the fact regarding not receiving of any amount by the complainant on 08.05.2016 is clearly visible from CCTV footage Annexure C10.

                             On the other hand the Ops have come with the plea that the complainant is not entitled for the refund of any amount as the transaction has been successful.

5.                          The complainant has placed on the case file CCTV footage Annexure C10 on the case file. Annexure C10 has been opened in the presence of complainant as well as learned counsel for the OPs and played in the computer of this office. The presence of complainant is not disputed and after seeing the recording it is clear that on 08.05.2016 the complainant had entered in the ATM room at 11.41:50 AM and made attempt for withdrawal of the amount at 11.42:50 AM for the first time and when the amount was not received he made second attempt at 11.44:06 AM for withdrawal and thereafter he made further attempts at 11.46 and 11.47:36 AM but when no amount was received he left the cabin without any money. Perusal of the CCTV footage further reveals that some of the persons have received the amount who had tried for withdrawal of the amount before and after the attempt made by the complainant. Another strange factor which this Forum has noticed that many persons were present in the ATM cabin of the OPs and even no security guard was available at that time. As per banking rule only one person can enter in the ATM cabin at one time and the security guard is also necessary but after seeing the CCTV footage it is ample clear that there is gross violation of the Banking Rules on the part of OPs. It is pertinent to mention here that normally machine does not lie but man may do so and the ATM machines are installed by various banks throughout the country and these machines are supported by highest technology and excellent surveillance, therefore, we have no option but to believe on the live recording recorded by the surveillance/camera fitted by the OP/bank in the ATM cabin which clearly shows that no amount was disbursed to the complainant on 08.05.2016 and regarding this the complainant has moved application dated 09.05.2016 to the OPs but it is strange that OPs have not bothered to even reply this letter what to talk about taking steps qua redressing the grievance of the complainant. Another strange factor which this Forum has noticed that in Annexure C6 i.e. reply to email the Ops have mentioned that we have checked our record and as per our record the transaction is successful and cash has been disposed. As per CCTV footage there are other persons standing beside you in the cabin and the cash has been taken by one of them. You are requested to please take up the matter with police authorities regarding this. It is strange that on one hand the OPs have not followed the banking rule as there no explanation as to why no security guard was present at that time and as to why many persons were allowed to enter in the cabin  and on the other hand they are advising the complainant to seek help of police authorities. This act of the OPs towards dealing their consumers is condemnable.

 

6.                          In view of the above discussion, we are of the considered view that the complainant has been able to prove his case by leading cogent and reliable evidence. Accordingly we allow the present complaint with costs of Rs.5,000/-. The Ops are further directed to refund the amount of Rs.14,000/- alongwith 9 % interest from the date of deduction of the amount till its realization. Compliance of the order be made within 30 days. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

 

Announced on: 04.05.2018                                 

 

 

(ANAMIKA GUPTA)        (PUSHPENDER KUMAR)           (D.N.ARORA)    Member                          Member                               President