Complaint No: 174 of 2021.

                                                         Date of Institution: 19.07.2021.

                                                                  Date of order: 05.10.2023.

Salwant Singh Son of Sh. Diwan Chand resident of Village Jaurian Kalan, Tehsil Dera Baba Nanak District Gurdaspur at present R/o House No. 0-13/14, Gali No.11 near Singh Sabha Gurdwara, Maan Nagar, Batala District Gurdaspur.

                                                                                                                                                                       ….....Complainant.                                                                                                                                                                                                                                                                                                                                                                                                    

                                                        VERSUS

1.       Punjab & Sind Bank, branch Dera Baba Nanak District Gurdaspur, through its Branch Manager.

2.       Punjab & Sind Bank, 4th floor, PSB Building, T Sohanlal Marg, Rajendra place, near Imly Restaurant, New Delhi - 110008.

3.       The Chief Manager, State Bank of India, Main Branch Dera Baba Nanak Road, Batala District Gurdaspur.

4.       The Regional Manager, State Bank of India, Regional office, Pathankot.

                                                                                                                                                         ….Opposite parties.

                                               Application/Complaint u/s 35 of the Consumer Protection Act, 2019.

Present: Complainant: Complainant in person.

          For the Opposite Parties No.1 and 2: Sh.P.S.Bedi,  Advocate.

          For the Opposite Parties No.3 and 4: Sh.A.K.Joshi, Advocate

Quorum: Sh.Lalit Mohan Dogra, President,  Sh.Bhagwan Singh Matharu, Member.

ORDER

Lalit Mohan Dogra, President.

          Salwant Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 35 of the Consumer Protection Act, (here-in-after referred to as 'Act') against Punjab & Sind Bank etc. (here-in-after referred to as 'opposite parties).

2.       Briefly stated, the case of the complainant is that the complainant is a Retired Government employee being lecturer and he is pensioner of Education department. It is further pleaded that the complainant is maintaining pension Account bearing No.07701000003624 with Punjab & Sind Bank, Dera Baba Nanak and the said bank has also issued ATM card in favour to complainant which is being used by him for withdrawal of amount From his pension account stated above from time to time through ATM machine of the opposite party State Bank of India. It is further pleaded that on 26.03.2021 and on 29.03.2021 the complainant went to use the ATM machine of State Bank of India at Dera Baba Nanak Road, Batala with intention to withdraw the amount of Rs.20,000/- each day i.e. on 26.03.2021 Rs.10,000/- one time and on non-coming out money, he used ATM card again for Rs.10,000/- but again no amount come out, so he immediately informed to official of OP No. 1 and OP No. 3 and again on 29.03.2021 he again went to said ATM Machine of State Bank of India at Dera Baba Nanak Road, to withdraw amount of  Rs.10,000/- but again no amount come out inspite of using ATM Card two time as before on 26.03.2021 while total Rs.40,000/- (i.e. Rs.20,000/- on 26.03.2021 and Rs.20,000/- on 29.03.2021) has been deducted from account of complainant. It is further alleged that again the complainant approached and informed to the OP No. 1 and OP No. 3 in this respect and requested to credit the amount which has been illegally deducted from account of the complainant, who assured orally that within a few days, said amount will be credited in account of the complainant automatically in routine process. It is further pleaded that the complainant also moved a written application to Punjab & Sind Bank but no response and the complainant also moved e-mail requests to the State Bank of India, Dera Baba Nanak Road, Batala in this respect and also giving several personal visits but the officials only avoiding on one pretext to another.  It is further alleged that a legal notice through counsel also sent to the OP No. 3 and 4 in this respect but all in vain but on other hand they refused to accommodate the complainant and denied their responsibility while the OP No. 3 and 4 including the OP No. 1 and 2 are legally and lawfully responsible into the matter as they are bound to provide service to the consumer properly and effectively and if such incident occur with any consumer due to fault of their ATM machine, they are legally bound to return the amount to consumer and to make good the loss to him for harassment and menial agony suffered by him due to their non-cooperative and unconstitutional, illegal attitude. It is further pleaded that due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is further pleaded that there is a clear cut deficiency in services on the part of the opposite parties.

          On this backdrop of facts, the complainant has alleged deficiency and negligence in services and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to credit the amount of Rs.40,000/- in pension account of the complainant, already deducted from his account and to make good the loss and to pay damages to the complainant as per current notifications or amendment if any or as the Commission deems fit, in the interest of justice and fair play.

3.       Upon notice, the opposite parties No.1 and 2 appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the suit is not maintainable in present form and the present complaint is bad for mis-joinder and non-joinder of necessary parties. It is submitted that the replying OP’s has been unnecessarily arrayed as party in this complaint and the complainant has no Locus Standi to file the present complaint against the replying OP’s. It is pleaded that the complainant is maintaining his pension A/c. No. 07701000003624 with Punjab & Sindh Bank and the said bank has issued ATM card to complainant. It is further pleaded that the complaint pertains to withdrawal of amount from SBI ATM machine. It is true that a total amount of Rs.40,000 has been deducted from the account of complainant  i.e. Rs.20,000/- on 26.03.2021 and Rs.20,000/- again on 29.03.2021 but it is wrong that the complainant approached the opposite parties No. 1 and 2 regarding this matter and the replying OP’s had ever given assurance to the complainant for credit of the alleged amount in the account of complainant. It is further wrong that the complainant ever moved an application to the replying opposite parties.

          On merits, the opposite parties No.1 and 2 have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in services on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs.

4.       Upon notice, the opposite parties No.3 and 4 appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the present complaint of the complainant is not maintainable against the replying OP’s bank. It is pleaded that after the perusal of the surveillance camera's footage, which was installed at ATM room, it clears that the complainant has received Rs.20,000/- on 26.03.2021 at two times Rs.10,000/- on each time at 18.32 and on 18.33) and Rs.20,000/- on 29.03.2021 at two times (Rs.10,000/- on each time at 10.07 and on 10.08). It is further pleaded that all the above said four transactions have been done successfully and no excess cash is available at the branch. It is further pleaded that replying OP’s bank has got these two surveillance camera's footage with the help of technicians and the Hon’ble Commission Can see these footage for the complete and proper adjudication of the matter in dispute. It is further pleaded that although, the complainant has received the entire disputed amount, which clears from the above mentioned footages, yet in any dispute regarding the ATM transactions, the customer/account holder must approach to the bank, who maintains his account, as all interbank ATM transactions are being reconciled through Complaint Management System of the respective bank. It is further pleaded that it is an automatic system and no direct request of other bank's customers is to be attended. It is further pleaded that said Complaint Management System is run by NPCI (National Payment Corporation of India) as per the directions of the Reserve Bank of India. Hence, the present complaint of the complainant against the replying OP’s bank is not maintainable and liable to be dismissed on this score only. It is further pleaded that the present complaint is bad for mis-joinder and non-joinder of necessary parties. The replying OP’s has been unnecessarily arrayed as party in this complaint.

          On merits, the opposite parties No.3 and 4 have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in services on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs.

5.       Complainant has tendered into evidence his own affidavit of Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-9.

6.       Learned counsel for the opposite parties No.3 and 4 has tendered into evidence affidavit of Sh.Rajesh Kumar Katha, (Chief Manager, State Bank of India) as Ex.OP-3,4/A alongwith other documents as Ex.OP-3,4/1 to Ex.OP-3,4/11.

7.       Rejoinder filed by the complainant.

8.       Written arguments filed by the complainant but not filed by the opposite parties.

9.       Complainant in person has argued that he had withdrawn amount of Rs.20,000/- each i.e. Rs.20,000/- on 26.03.2021 and thereafter on 29.3.2021. However, ATM machine installed by opposite parties No.3 and 4 did not disburse cash. Opposite parties No.3 and 4 have refused to refund the amount of Rs.40,000/- to the complainant which amounts to deficiency in service.

10.     Counsel for the opposite parties No.1 and 2 has argued that Rs.40,000/- has been deducted from the account of the complainant. However, the complaint against opposite parties No.1 and 2 is not maintainable as the amount was withdrawn from the ATM of opposite parties No.3 and 4 and complaint is liable to dismissed.

11.     Counsel for the opposite parties No.3 and 4 has argued that all the four transactions were completed successfully and no excess cash was available with the branch. Even to verify the allegations of the complainant the footage of two surveillance cameras were obtained as per which on all the four occasions complainant was seen collecting cash from the ATM machine and putting the same in his pocket, as such there is no deficiency in service on the part of opposite parties no.3 and 4 and as such complaint is liable to be dismissed.

12.     We have the complainant in person and counsels for the opposite parties and gone through the record. To prove the case complainant has placed on record his duly sworn affidavit Ex.CW-1/A, copy of application to the bank Ex.C1, post receipt Ex.C2, copy of statement of account Ex.3, copy of E-mail Ex.C4, copy of legal notice Ex.C5, copy of remainder to the legal notice Ex.C6, copy of remainder no.4 to the bank Ex.C8 and Ex.C9 whereas on the other counsel for the opposite parties No.3 and 4 has placed on record affidavit of Rajesh Kumar Katha Chief Manager Ex.OP-3,4/A, Pen Drive of CC TV Footage Ex.OP-3,4/3, copy of reply to legal notice Ex.OP-3,4/2, copy of certificate regarding No Excess Cash Certificate Ex.OP-3,4/4 to Ex.OP-3,4/10. It is admitted fact that complainant is having pension account with opposite parties No.1 and 2. It is further admitted fact that on 26.03.2021 and 29.03.2021 complainant had made attempt to withdraw the amount of Rs.40,000/- from the ATM machine installed by opposite parties No.3 and 4. The only disputed point for adjudication before this Commission is whether the machine installed by opposite parties No.3 and 4 disbursed the cash to the complainant or not. Perusal of statement of account Ex.C3 shows deductions of amount of Rs.40,000/-. The only allegation is regarding non receipt of cash in all the four occasions. However, CC TV footage placed on record Ex.OP-3,4/3 was opened and played in full in the presence of complainant and counsel for opposite parties No.3 and 4 and on the perusal of footage the complainant admitted his presence in the ATM machine and on all the four occasions the cash amount is shown being disbursed by the machine and complainant is seen collecting and putting the same in his pocket. However, complainant has alleged that collecting and disbursement of cash has been shown by tempering of the footage. However, to prove the tempering of the footage complainant has not placed on record any evidence that such footage is tempered with by the Bank. Complainant has not even made any request before this Commission that said CC TV footage be verified from some Govt. Lab to verify it authenticity. As such the plea of complainant regarding non disbursement of cash is found to be false.

13.     Accordingly, the present complaint being without merit is not maintainable and is ordered to be dismissed. No order as to costs.

14.      The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.

15.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record room. 

                               (Lalit Mohan Dogra)

                                                                        President   

Announced:                                          (B.S.Matharu)

Oct. 05, 2023                                                Member

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