Haryana

Karnal

63/2011

Ravinder Singh S/o Birbal Singh - Complainant(s)

Versus

Punjab National Bank, Corporation Bank - Opp.Party(s)

Anil Malik

27 Oct 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                      Complaint No.  063 of 2011

                                                            Date of instt :28.1.2011                                                                                                   

                                                       Date of decision: 27.03.2015

 

Ravinder Singh son of Shri Birbal Singh resident of village Arainpur District Karnal.

 

                                                               ………..Complainant.

                                                Versus

 

1.Punjab National Bank Branch at  VPO Chaura tehsil Gharaunda District Karnal through its Branch Manager.

 

2.Corporation Bank Branch at Gharaunda District Karnal through its Branch Manager.

                                                              ……… Opposite Parties.

         

                   Complaint U/s 12 of the Consumer

                   Protection Act.

 

Before          Sh.Subhash Goyal……. President.

                   Smt.Shashi Sharma….Member.

                  

 

 Present        Sh.Anil Malik Advocate for the complainant.

                   Sh.I.J.Sachdeva Advocate for the OP No.1.

                   Sh.Somesh Garg Advocate for the OP No.2.

ORDER:                           

 

                    The complainant has filed the present complaint u/s 12 of the Consumer Protection Act against the Ops on the allegations that he is having   Saving Bank account with the OP No.1 bearing No. 161000100068287 and  on 23.09.2009 he used the ATM of  OP No.2  for withdrawal of Rs.10,000/- but the said amount was not received and on the next day i.e. 24.9.2009 the complainant reported the matter to the OP no.1 about the non receipt of Rs.10,000/-. The complainant on 23.9.2009 also made complaint on toll free number and also reported the matter to the  Ops and police but in vain    which amounts to deficiency in services on the part of the Ops. Thus, alleging deficiency in services he has filed the present complaint against the Ops and has prayed that the Ops be directed to  pay the amount deducted from his account alongwith compensation for the harassment caused to him and the litigation expenses. He has also tendered his affidavit in support of the averments made in the complaint alongwith  some other documents.

 

2.                On notice the Ops appeared. The OP no.1  in its written statement has raised the preliminary objections that  the present complaint was not maintainable and that the complainant doesnot come within ambit of consumer as envisaged under the provisions of the Consumer Protection Act.

 

                   On merits, it was contended that the complainant used the ATM to withdraw the amount from the ATM Machine of OP No.2 but the said amount was not dispensed with. The OP No.1 has admitted about the complaint made by the complainant. As per the case of the OP no.1 as and when they received money from the OP No.2 the same was credited in the account of the complainant on 20.9.2011 and as such there was no deficiency in services on the part of the OP no.1 and deficiency if any was on the part of OP No.2.Sh.Harvinder Pal Singh Manager of the OP no.1 has also tendered his affidavit in support of the contentions made in the written statement.

 

                   The OP No.2 in its written statement has contended that as and when the complaint was received , the matter was investigated and after investigation by the FTS Centre Bangalore, it was revealed that due to technical fault the amount was  not disbursed and the said amount of Rs.10,000/-  has been wrongly debited in the account of the complainant and thereafter the same  has been credited in the account of the complainant. Sh.Dilip Kumar Manager of the OP no.2 has also tendered his affidavit in support of the contentions made in the written  statement.

 

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

 

4.               Therefore,  from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties it emerges that the complainant has filed the present complaint against the Ops on the allegations that on 23.09.2009 he used the ATM of  OP No.2  for withdrawal of Rs.10,000/- but the said amount was not received and on the next day i.e. 24.9.2009 the complainant reported the matter to the OP no.1 about the non receipt of Rs.10,000/-. The  complainant on 23.9.2009 also made complaint on toll free number and also reported the matter to the police but in vain.

 

                    However, as per the contention of the OP no.1 the complainant used the ATM to withdraw the amount from the ATM Machine of OP No.2 but the said amount was not dispensed with. The OP No.1 has admitted about the complaint made by the complainant. As per the case of the OP no.1 as and when they received money from the OP No.2 the same was credited in the account of the complainant on 20.9.2011 and as such there was no deficiency in services on the part of the OP no.1 and deficiency if any was on the part of OP No.2.

 

                     As per the contention of OP no.2 as and when the complaint was received , the matter was investigated and after investigation by the FTS Centre Bangalore, it was revealed that due to technical fault the amount was  not disbursed and the said amount of Rs.10,000/-  has been wrongly debited in the account of the complainant and thereafter the same  has been credited in the account of the complainant.

 

                    Therefore, from the evidence on record, it is evident that due to fault in ATM Machine the amount of Rs.10,000/- was debited by the ATM Machine of OP no.2 and when the complainant reported the matter to the Ops, then the same was got investigated and after investigation by the FTS Centre Bangalore, it was revealed that on account of fault in the ATM Machine, the amount has been wrongly debited.

 

                    Therefore, from the circumstances of the case, it is evident that the amount of  Rs.10,000/- was debited  allegedly in the account of the complainant on 23.98.2009 and after investigation the same has been credited in his account on 20.9.2011.Therefore, it is evident that there was no deficiency in services on the part of OP no.1, rather the deficiency  was on the part of OP No.2 in re-imbursing the amount of Rs.10,000/- Therefore, the OP No.2 had retained the amount of the complainant w.e.f. 23.9.2009 to 20.9.2011.

 

                    The learned counsel for the complainant has placed on record circular dated 17.7.2009 retaining Reconciliation of transactions at ATM Failure. As per the said circular, the OP no.2 was under an obligation to credit the said amount of Rs.10,000/- in the account of the complainant within  twelve  working days but the OP no.2 had failed to comply with the said circular dated 17.7.2009. The amount of Rs.10,000/- was credited in the account of the complainant on 20.9.2011 i.e. approximately after two years. As per the said circular, the OP no.2 was  under an obligation  to pay compensation of Rs.100/- per day,  to the aggrieved party. In the instant case, the OP no.2 has failed to pay compensation in terms of the circular dated RBI/2009/100.DPSS Mo.101/02.10.02/2009-2010, therefore, we direct the OP no.2 to make the payment of compensation to the complainant @ Rs.100/- per day from 23.9.2009 to 20.9.2011 after deducting 12 working days. The complainant shall also be entitled for a sum of Rs.1100/- towards litigation expenses. The OP no.2 shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order failing which the complainant shall be entitled to interest at the rate of 9% per annum from the date of this order till its actual realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced
dated: 27.03.2015                                                                            

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.

 

 

Present         Sh.Anil Malik Advocate for the complainant.

                   Sh.I.J.Sachdeva Advocate for the OP No.1.

                   Sh.Somesh Garg Advocate for the OP No.2.

 

                   Arguments in part heard. For remaining arguments, the case is adjourned to  27.3.2015.

Announced
dated: 19.03.2015                                                                           

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.

 

Present         Sh.Anil Malik Advocate for the complainant.

                   Sh.I.J.Sachdeva Advocate for the OP No.1.

                   Sh.Somesh Garg Advocate for the OP No.2.

 

                   Remaining arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated: 27.03.2015                                                                           

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.