Haryana

Ambala

CC/21/2023

AMAR NATH. - Complainant(s)

Versus

PUNJAB NATIONAL BANK. - Opp.Party(s)

KARAMPAL SINGH

03 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	21 of 2023
Date of Institution	:	13.01.2023
Date of decision	:	03.06.2024

 

Amar Singh s/o Sh. Singh Ram, R/O Vill. Bilaspur Banaundi, Distt Ambala.

……. Complainant

Versus

1. Punjab National Bank, Village Shahzadpur, Tehsil Naraingarh, Distt. Ambala through its Manager.
2. State Bank of India, Village Shahzadpur, Tehsil Naraingarh, Distt. Ambala through its Manager

….….  Opposite Parties

Before:        Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:-     Shri Rupinder Singh, Advocate, counsel for the complainant.                                                                                                                           Shri Amit Kumar Garg, Advocate, counsel for the OP No.1.                                                                                                                             OP No.2 already ex parte.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the amount of Rs.10,000/- alongwith interest @24% p.a.
2. To pay a sum of Rs.25,000/- as compensation on account of mental agony and physical
3. To pay Rs.5,000/- as litigation expenses.
382.  

Grant any other relief which this Hon'ble Commission may deem fit.

 

2.             Brief facts of the case are that the complainant is having a saving bank account number 6398001700001850 with the OP No.1 and ATM Card was also issued to complainant by the OP No.1. On 08.10.2022 at about 09:40 a.m. complainant availed the service of ATM of OP No.2 and tried to withdraw an amount of Rs.10,000/- by using the ATM card issued by  OP No.1, but the cash didn't came out from the ATM Machine and thereafter complainant tried again to withdraw amount by entering an amount of Rs.5,000/- and the same successfully came out from the ATM. The complainant was stunned and shocked to know that the said amount of Rs. 10,000/- has been debited from the saving bank account of complainant. As such, the complainant immediately made a call on the toll free number of the OP No.2, as on that day as it was 2^nd Saturday and the costumer care official of the OP No.2 assured the complainant that the said amount will be reimbursed in his account within 24 hours. On 10.10.2022, the complainant went to the branch of OP No.1 and they told to complainant that he will have to make a complaint on the toll free number of the OP No.1 which he did but to no avail. Thereafter the complainant sent a email on 10.11.2022 to the OP No.1 and also made a complaint to the Branch Manager of State Bank of India, Shahzadpur i.e. OP No.2. The complainant also requested the OPs to see the CCTV footage and after seeing the footage they have admitted that amount didn't came out from the ATM and assured the complainant that the said amount will be reimbursed in his account within 24 hours but to no avail.  The complainant also sent letter dated 21.12.22 to OP No.2 to preserve the CCTV footage of the alleged date and time. The complainant is suffering very badly financially as well as mentally due to non-reimbursement of the said amount. He also served upon the OPs, legal notice dated 23.12.2022 in the matter but of no use. Hence this complaint.
3.           Upon notice, OP No.1 appeared and filed written version wherein it took various objections to the effect that this complaint is not maintainable; the complainant has no cause of action to file the present complaint against OP No.1; the complainant is stopped by his own act and conduct; the complaint is not properly valued for purposes of court fee and jurisdiction; the complainant did not come in the Commission with clean hands and has concealed true and material facts etc. On merits, it has been stated that OP No.1 always behaved well with complainant, never avoided him by making excuses. Taking immediate action on the complaint of the complainant, OP No.1 sent an email to its higher officials on atmcrc@pnb.co.in on 29.10.2022 and assured the complainant to resolve the matter very soon. OP No.1 also requested the complainant that the matter is under investigation because in such kind of cases bank has to follow proper procedure and investigate the matter that whether there was system problem or someone hacked the software so it will take same time and he will definitely be helped but the complainant did not listen and filed the present complaint only to harass OP No.1 because the matter is still under procedural investigation. Rest of the averments of the complainant were denied by OP No.1 and prayed for dismissal of the present complaint with heavy costs.
4.           Upon notice, none appeared on behalf of the OP No.2 before this Commission, therefore, it was proceeded against ex-parte vide order dated 20.03.2023.
5.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-10 and closed the evidence on behalf of the complainant. Learned counsel for OP No.1 tendered affidavit of Ankur Mittal, Manager in Punjab National Bank, Branch-Shahzadpur, District Ambala as Annexure OP-1/A and closed the evidence on behalf of OP No.1.
6.           We have heard the learned counsel for the complainant and learned counsel for the OP No.1 and have also carefully gone through the case file.
7.           Learned counsel for the complainant submitted that by not crediting the amount of Rs.10000/- despite the fact that the complainant has timely intimated the actual non-withdrawal thereof from the ATM of OP No.2, the OPs have deficient in providing service. He further submitted that the complainant has unnecessarily been dragged into this litigation.
8.           On the other hand, Learned counsel for OP No.1 submitted that immediate action was taken on receipt of complaint from the complainant regarding non-withdrawal of amount of Rs.10,000/- from the ATM in question. He further submitted that the matter was under investigation because in such kind of cases bank has to follow proper procedure and investigate the matter, which took some time and thereafter, an amount of Rs.10,000/- was credited into the account of the complainant on 15.02.2023 and has produced the statement of account. Since the grievance of the complainant has already been redressed, therefore, the present complaint may be dismissed.
9.           The learned counsel for the OP No.1 while placing reliance on one statement of account showing credit of amount of Rs.10000/- in the account of the complainant on 15.02.2023, which is taken on record and marked as “A”,  has submitted that because the disputed amount stood received back by the complainant as such he is not left with any grievance and the complaint may be dismissed now.  Learned counsel for the complainant has not disputed the receipt of amount of Rs.10000/- by the complainant on 15.02.2023.
10.           The OP No.1 has not explained as to why it took more than 3 ½ months to redress the grievance of the complainant. Had the OP No.1 done the needful within time then complainant would have escaped from entering into this unnecessary litigation. By not doing so, the OP No.1 has caused the                                                                                                                                                                                                                                                                            complainant mental agony, physical harassment and financial loss as he has to hire the services of the Advocate for the same. Under these circumstances, the complainant needs to be suitably compensated by the OP No.1.  
11.           Since, no deficiency in service or negligence has been found on the part of OP No.2 therefore present complaint filed by the complainant against OP No.2 is liable to be dismissed.
12.           In view of the aforesaid discussion, we hereby dismiss the present complaint against OP No.2 and partly allow the same against OP No.1 and direct it, in the following manner:-  

 

1. To pay lumpsum amount of Rs.6,000/- as compensation for the mental agony and physical harassment suffered by the complainant and also litigation expenses.

                    The OP No.1 is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP No.1 shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced:- 03.06.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President