BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No.124 of 2018
Date of Institution:19.2.2018
Date of Decision:4.3.2020
Avtar Singh retired reader aged 65 years son of late Sh. Narinder Singh, resident of 61-C, Sant Chanan Singh Colony, Near Chattiwind Gate, Amritsar 9988391120
Complainant
Versus
- General Manager, Punjab National Bank, Circle Office, Cantt Branch Near Peer Dargaha, Opp. House of Advocate Lal Chand Changotra, Amritsar
- The Branch Manager, Punjab National Bank Cantt Branch , Near Peer Dargaha, Opp. House of Advocate Lal Chand Changotra, Amritsar
Opposite Parties
Complaint under section 12 of the Consumer Protection Act, 1986.
Present: For the Complainant: In person
For the Opposite Parties No.1 & 2: Sh.Aman Prashar,Advocate
Quorum:
Sh.Charanjit Singh, President
Ms.Rachna Arora, Member
Order dictated by:
Ms. Rachna Arora, Member
1. Avtar Singh, complainant has brought the instant complaint under section 12 of the Consumer Protection Act, 1986 on the allegations that the complainant is retired from the judicial department and is getting pension from the Govt. and he is having saving bank account No. 3395001300015057 and is getting pension from the said bank. The complainant is having saving bank in the branch of opposite party No.2 and the said bank has also issued ATM card to the complainant and he is regularly using the said ATM of the bank and is getting pension through ATM card. On 1.12.2017 the complainant went to the ATM located near Gurdwara Shaheedan shop No. 65, Corporate Market, Amritsar. The said ATM is also having CCTV camera and he used the ATM card for withdrawal of Rs. 10000/- at about 11.46 am but the payment has not been received by the complainant and the said amount has been debited in his account leaving the balance of Rs. 6790.38 and an entry to this effect was also made by the opposite party in his pass book . The complainant remained there for half an hour but nobody came there for getting withdrawal from the said ATM. The complainant also made a complaint on the help line No. 1800 1802222, 1800103 of the bank and the concerned official told the complainant to come again and the amount will be paid to you within a week time , but the amount has not been received by the complainant. The complainant approached the opposite parties many a times personally and also sent email to the opposite parties regarding non receipt of the amount but to no avail. Due to non receipt of the amount by the complainant, the complainant has caused mental tension agony and harassment. The aforesaid act of the opposite party amounts to deficiency in service as well as unfair trade practice. Vide instant complaint, complainant has sought for the following reliefs:-
(a) Opposite parties be directed to pay the amount of Rs. 10000/- alongwith interest @ 18%p.a. from the date of withdrawal of the amount till date of realization ;
(b) Compensation to the tune of Rs. 20000/- alongwith litigation expenses of Rs. 5000/- may also be awarded to the complainant.
Hence, this complaint.
2. Upon notice, opposite party appeared and filed written version in which it was submitted that if any such incident of non disbursement of cash from any ATM has ever been happened then on receiv ing the complaint on helpline number the IT cell of the bank immediately check and verify the ATM and in case of non disbursal of the amount from the ATM, the surplus amount is always there and the same has been credited to the account holder in his/her bank account within 15 working days and the same procedure is even witnessed by the complainant himself on 16.4.2018 when he used the ATM of Indusind Bank for the withdrawal of Rs. 10000/- from his account and amount was not disbursed by the ATM and upon his complaint, the amount was reversed in his account on 25.4.2018 and there is no deficiency in service on the part of the opposite party.
3. In his bid to prove the case complainant has tendered into evidence his affidavit Ex.C-1, copy of bank passbook Ex.C-2, newspaper cutting Ex.C-3, copy of bank pass book Ex.C-4 and closed his evidence.
4. To rebut the aforesaid evidence Sh. Aman Prashar,Adv.counsel for the opposite party tendered into evidence affidavit of Sh.Kunal Chatterjee, Senior Manager Ex.OP1 but no other evidence has been produced by the complainant despite availing so many opportunities, as such the evidence of the opposite parties has been closed by order vide order dated 5.2.2019.
5. We have heard the complainant in person as well as ld.counsel for opposite parties No.1 & 2 and have carefully gone through the record on the file.
6. From the appreciation of the facts and circumstances of the case, it stands proved on record that the complainant is having saving bank account No. 3395001300015057 with the opposite parties bank . The case of the complainant is that on 1.12.2017 he used the ATM for withdrawal of Rs. 10000/- at about 11.46 am but the payment has not been received by the complainant and the said amount has been debited in his account leaving the balance of Rs. 6790.38 and in this regard complainant has placed on record copy of ATM slip Ex.C-1 which fully proves that the complainant has operated the ATM machine on 11.12.2017 at 11.46 a.m. and it also shows the withdrawal of Rs. 10000/- and the available balance was shown as Rs. 6790.38 paise. In this regard the complainant made several complaints on the help line number of the opposite party but till date the amount has not been credited to his account. On the other hand the only plea of the opposite party is that if any such incident of non disbursement of cash from any ATM has ever been happened then on receiving the complaint on helpline number the IT cell of the bank immediately check and verify the ATM and in case of non disbursal of the amount from the ATM, the surplus amount is always there and the same has been credited to the account holder in his/her bank account within 15 working days and the same procedure is done as the complainant has used the ATM machine on 16.4.2018 for the withdrawal of Rs. 10000/- and on receipt of complaint on the helpline number the amount was reversed in his account on 25.4.2018. But we are not agreed with this plea of the opposite party as the opposite party has failed to produce any evidence to prove that the complainant has used the ATM machine on 16.4.2018, whereas the complainant has duly proved on record that the ATM machine was operated by the complainant on 1.12.2017. In his complaint, the complainant has alleged that till date the amount has not been credited to his account , whereas the plea of the opposite party that the amount of Rs. 10000/- was credited to the account of the complainant. But no such evidence has been produced on record by the opposite party to prove that the amount of Rs. 10000/- has been credited to the account of the complainant. The opposite party in its written version has stated that in case of non disbursal of the amount from the ATM the surplus amount is always credited to the account of the account holder within 15 working days. As the opposite party admitted that the payment of withdrawal of Rs. 10000/- was not received by the complainant , so the opposite party is liable to credit the said amount within 15 days from the date of debiting the said amount which was debited on 1.12.2017 and as such the complainant is entitled to get the said amount within 15 days from the date of debiting the said amount. But till date the opposite party has not credited the said amount to the account of the complainant.
7. In view of the above discussion, we allow the complaint with costs and the opposite parties are directed to credit Rs. 10000/- to the account of the complainant . Opposite parties are also directed to pay compensation to the tune of Rs. 5000/- and litigation expenses to the tune of Rs. 3000/- to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of this order ; failing which complainant shall be entitled to get the order executed through indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum (Charanjit Singh)
President
Dated: 4.3.2020
(Rachna Arora)
Member
