Haryana

Kaithal

191/21

Gaurav Kumar - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Sh.Hem Raj Wadhwa

04 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL

 

                                                               Complaint Case No. 191 of 2021.

                                                               Date of institution:   06.08.2021.

                                                               Date of decision:      04.04.2024.

 

Gaurav Kumar s/o Shri Satish Kumar, r/o village Bandrana, District Kaithal.

 

                                                                                      …Complainant.

                                                    Versus

 

Punjab National Bank, Pundri Branch, District Kaithal, through its Branch Manager.

...Opposite Party.

 

          Complaint under Section 35 of the Consumer Protection Act

 

 

CORAM:   SMT. NEELAM KASHYAP, PRESIDENT.

                   SMT. SUMAN RANA, MEMBER.

                   SHRI SUNIL MOHAN TRIKHA, MEMBER.

                  

Present:       Shri Hem Raj Wadhwa, Advocate for the complainant.   

                   Shri D.R. Saini, Advocate for the Opposite Party.

                   

ORDER  -  NEELAM KASHYAP, PRESIDENT

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019, against the OP.

2.                In the complaint, complainant alleged that he has saving bank account bearing No.3285000107018618 with the OP and he has ATM facilities in that account bearing ATM Card No.6070936115400324. That on 24.02.2021, he used the said ATM card in OP branch at Pundri for withdrawal of Rs.8000/-, but due to sudden power off in the said ATM machine, the amount has not been withdrawn from the ATM machine, but message has been shown in his mobile number about withdrawn of said amount. That he made complaint on 24.02.2020 vide Rapat No.A153614574, but OP bank sent fake message that the bank will never call and ask your OTP, Card Number. That thereafter, he again lodged complaint with OP bank on 09.03.2021, but all in vain. That on 07.04.2021, he moved an application to OP bank to refund the amount of Rs.8000/- due to ATM transaction failed, but OP did not pay any heed to his request. That he requested the OP bank to check the CCTV footage, but they did not check the same. The above act of OP, amounts to gross deficiency in service, on its part, due to which, he suffered huge physical harassment, mental agony as well as financial loss, constraining him, to file the present complaint along with an application for condonation of delay, against the OPs, before this Commission.

3.             Upon notice of complaint, OP appeared before this Commission and filed written statement, stating therein that on 24.02.2021, the complainant withdrawn Rs.8000/- from his account through ATM of the bank. That after sometime of the withdrawal Rs.8000/-, he moved an application to OP with the allegations that when he used the ATM card for withdrawal of Rs.8000/- from his account but due to sudden power off the amount has not been withdrawn from the ATM machine, but the bank has shown in his statement of account that the complainant duly withdrawal Rs.8000/-. That thereafter higher authority of bank checked the record and when OP bank found the complainant has not succeeded to withdrawal Rs.8000/- and the said amount credited/deposited in the account of complainant on 08.09.2021, which is within the knowledge of complainant. Hence, there is no deficiency in service, on the part of OP and present complaint is liable to be dismissed.

4.                To prove the case, complainant tendered into evidence affidavit Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C7.

5.                On the other hand, OP tendered into evidence affidavit Ex.RW1/A along with document Annexure R-1.

6.                We have heard the learned counsel for the parties and perused the record carefully.

7.                Learned counsel for the complainant has argued that on 24.02.2021, the complainant used the said ATM card in OP branch at Pundri for withdrawal of Rs.8000/-, but due to sudden power off in the said ATM machine, the amount has not been withdrawn, from the ATM machine, but message has been shown in his mobile number about withdrawn of said amount. He further argued that in this regard, the complainant made various oral as well as written complaints to OP, but all in vain. He further argued that now on 03.09.2021, the OP refund back the said amount of Rs.8000/- to the complainant, but OP paid the said amount, after filing the present complaint as well as after a lapse of about more than six months, due to which, the complainant has suffered huge physical harassment and mental agony including financial loss, without any fault on his part. He further argued that the OP be directed to pay the compensation amount along with litigation expenses, to the complainant, for its act of gross deficiency in service.

8.                On the other hand, learned counsel for the OP has argued that after receiving complaint from the complainant, higher authority of OP bank checked the record and found the complainant has not succeeded to withdrawal Rs.8000/- and the said amount credited/deposited, in the account of complainant on 08.09.2021, which is within the knowledge of complainant. Hence, there is no deficiency in service, on the part of OP and present complaint is liable to be dismissed.

9.                From the above pleadings of the parties, it is found that on 24.02.2021, when complainant tried to withdraw Rs.8000/- from the ATM of OP, then due to power off, the amount has not been withdrawn, but the said amount has been deducted from his account. The complainant made complaint to OP, in this regard, upon which, on checking the record, OP found that the complainant has not been succeeded to withdrawal Rs.8,000/- and the said amount has been credited/deposited, in the account of complainant on 08.09.2021, as is evident from document Mark-A, and this fact is also admitted by learned counsel for the complainant, during the course of arguments.

10.               However, from perusal of entire record, it is evident that the amount of Rs.8000/- has been deducted, from the account of complainant on 24.02.2021, whereas, the OP refunded/credited the same, to the complainant on 08.09.2021 i.e. after a lapse of period of more than 6 months as well as after filing the complaint in hand. Due to above act of OP, the complainant might have suffered huge physical harassment and mental agony including financial loss, without any fault on his part and was running from one pillar to another to get back his amount, and lastly left with no other option, except to knock the door of this Commission, by way of filing the complaint in hand. The above act and conduct of OP amounts to gross deficiency in service on its part, for which, the OP is liable to be compensated and in our view, the end of justice would be met, if we direct the OP to pay the compensation in lump-sum amount of Rs.4000/- to the complainant.

11.               Thus as a sequel of above discussion, we accept the present complaint and direct the OP to pay the compensation in lump-sum amount of Rs.4000/- to the complainant, within a period of 45 days, from today, failing which, the total award amount shall carry interest @ 6% p.a., from the date of filing of present complaint, till its realization.

12.               In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of Court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the records, after due compliance.     

Announced in open Commission:

Dt.:04.04.2024.

                                                                                      (Neelam Kashyap)

                                                                                      President.

 

(Sunil Mohan Trikha).               (Suman Rana).               

Member.                                   Member.

 

 

 

 

Typed by: Sham Kalra, Stenographer.