ORDER
PER NIPUR CHANDNA, MEMBER

The complainant is having a Savings Bank Account in Punjab National
Bank, vide saving account no. 0130000121178723 at Branch Pahar Ganj,
New Delhi.  It is alleged by the complainant that on 5/12/2012 he
withdrawn a sum of Rs. 5,000/- from OP’s ATM situated at Batla House,
Jamia Nagar, New Delhi at 17:39 Hrs, and accordingly received the
message of this transaction on his mobile number.  It is further
alleged by the complainant  that immediately after 2 minutes he
received another message of the debit of Rs. 10,000/- from the same
account.  The complainant immediately registered a complaint with the
Customer Care Department of the OP vide complaint no. 590066977.  It
is alleged by the complainant that after giving an assurance of
resolving the issue by the competent authority, nothing has been done
by them, hence finally complainant gave the written complaint of his
grievances dt. 17/12/2012 to the aforesaid branch of the OP.  It is
further alleged by the complainant that after filing the complaint
before the CVO, CVC and the banking ombudsman of RBI,the official of
the OP agreed to refund the disputed amount with the condition to sign
the form of undertaking.  It is further alleged by the complainant
that banking ombudsman passed an order dated 22/07/2013 thereby
refusing the complaint on the grounds that the banking ombudsman is
not appropriate authority for adjudication of such complaints.”  The
complainant, therefore, approached this forum for the redressal of his
grievance.

     Registered notice of the complaint were sent to Ops on 19-12-2014
which have not been receive back unserved . Service was, therefore,
presumed to have been effected on the Ops.  Since none had appeared on
behalf of the Ops. They were ordered to be proceeded with ex-parte.
Complainant has filed his ex-parte evidence by way of affidavit and
has placed on record  the copy of bank statemet. Copy of complaint
dated 17-12-2012, copy of the reply of the OP vide letter dated
18-12-2012, copy of the undertaking format. He has also placed on
record the copy of the order dated 22-7-2013 passed by the banking
ombudsman and the CCTV footage provided by the banking ombudsman.
We have heard the arguments advanced at the bar and have perused the record.
The counsel for the complainant submitted that despite making several
complaints on the customer care department of the OP as well as to the
branch of the OP, nothing has been done by the OP and hence finally
the complainant had approached the banking ombudsman  for redressal of
his complaint.  The banking ombudsman has also rejected the complaint
of the complainant on the grounds that “ Banking Ombudsman is not
appropriate authority for adjudcitation of such complaint.”
We have gone through the record.
The following findings of the banking ombudsman is necessary for the
disposal of this case:-
3.The office had examined the facts and submissions made by the
parites. It was observed from the JP log of both the transactions and
statement of account of the complainant that the complainant made
withdrawals of Rs. 10,000/- and Rs. 5,000/- on 05-12-2012 from two
different ATMs and at different time which was not possible without
using an ATM card and entering a valid PIN. Further, there was no
excess cash as per the cash reconciliation statement.  It was felt
that a decision on the disputed transaction would require
consideration of elaborate documentary and oral evidence and
proceedings before the banking ombudsman are not appropriate for
adjudication of such a complaint. Accordingly, the case was closed
under clause 13 (c) of the banking ombudsman scheme, 2006.  A CD
containing the CCTV footage is forwarded several to the complainant
for doing the needful.
The counsel for the complainant has further stated that the CCTV
footage provided by the banking ombudsman are manipulated.
In view of the documents placed on record, and the facts and
circumstances of the complaint we are of the considered opinion , that
the present complaint involved complicated question of the facts to be
decidsed in which oral and documentary evidence are required to be
led.  This forum cannot receive evidence in detail in its summary
proceeding under Consumer Protection Act, Civil Court is the
appropriate forum to decide and adjudicate the present complaint.
We, therefore, hold that the present complaint is not maintainable in
this forum. The complaint is dismissed.
Copy of the order be made available to the parties as per rule.  File
be consigned to record room.
Announced in open sitting of the Forum on.....................