Punjab

Sangrur

CC/869/2021

Jasvir Singh - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Sh. Amit Goyal

23 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

                                                                        Complaint No.  869

 Instituted on:     12.07.2021

                                                                        Decided on:       23.10.2023

 

Jasvir Singh aged 39 years son of Sh. Bikramjit Singh R/O Ward No.11, Dirba, Tehsil Sunam, District Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.             Punjab National Bank (formerly known as Oriental Bank of Commerce and later on merged in PNB) Branch Dirba, Tehsil Sunam, District Sangrur through its Branch Manager 148035.

2.             HDFC Bank, Branch Dirba, Tehsil Sunam, District Sangrur through its Branch Manager 148035.

3.             HDFC Bank Ltd. Regional Office, Bank House, 28, Industrial Area, Phase-I, Chandigarh through its Regional Manager.   

             ….Opposite parties

 

For the complainant  : Shri Amit Goyal, Adv.              

For the OPs              : Exparte.

 

Quorum                                          

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

ORDER

SARITA GARG, MEMBER      

1.             Complainant has filed this complaint alleging inter-alia that complainant is a consumer of the OPs by opening a saving bank account bearing number 14582191017317 with OP number 1 and the complainant was also issued ATM card bearing number 4357085701662157. The case of complainant is that on 28.1.2021 complainant went to HDFC Bank ATM machine situated in Anaj Mandi, Dirba to withdraw an amount of Rs.4000/- from his above mentioned account. Complainant inserted the ATM card in the machine and completed the required formalities, but the transaction was cancelled automatically without the command for amount to be withdrawn. The complainant thereafter visited SBI ATM machine in Grain Market, Dirba and withdrew an amount of Rs.4000/- from his account. But the grievance of complainant is that his account was automatically debited with the amount of Rs.10000/- and second for Rs.4000/- from his account, whereas the transaction in the HDFC ATM machine could not be processed and got automatically cancelled even without the command for the amount to be withdrawn being made by the complainant.  Thereafter the complainant immediately visited in the HDFC Bank Branch Dirba and told OP number 2 about wrong deduction of Rs.10000/- from his bank account, whereas the transaction in question was got automatically cancelled. The complainant even requested OP number 2 to verify the records and check the CCTV footage in the ATM room, however, the complainant lodged the complaint with his banker, but the OPs failed to supply the details of entry nor refunded the amount to the complainant.  Though the complainant was assured by OPs about the refund of the amount, but the same was not refunded. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to refund/revert the amount of Rs.10,000/- in the account of complainant with interest from 28.1.2021 and further to pay Rs.50,000/- as compensation on account of mental agony, harassment and Rs.7500/- as litigation expenses. 

2.             Record shows that the OPs were proceeded against exparte.

3.             During this process, the learned counsel for complainant tendered sworn affidavit  of the complainant reiterating all the averments of the complaint as Ex.C-1, copy of ATM Card Ex.C-2, copy of passbook Ex.C-3, copy of bank statement Ex.C-4, Copy of rejection statement ExC-5 and copy of aadhar card Ex.C-6 and closed evidence.

4.             We have heard the contentions put forth by the learned counsel for the complainant and have gone through the documents produced on the file.

5.             The learned counsel for the complainant has contended vehemently that complainant on 28.1.2021 went to HDFC Bank ATM machine situated in Anaj Mandi, Dirba to withdraw an amount of Rs.4000/- from his above mentioned account. Complainant inserted the ATM card in the machine and completed the required formalities, but the transaction was cancelled automatically without the command for amount to be withdrawn. The complainant thereafter visited SBI ATM machine in Grain Market, Dirba and withdrew an amount of Rs.4000/- from his account. But the ld counsel for complainant has contended that his account was automatically debited with the amount of Rs.10,000/- and second time for Rs.4000/-, whereas the transaction in the HDFC ATM machine to the tune of Rs.4000/- could not be processed and got automatically cancelled even without the command for the amount to be withdrawn being made by the complainant.  Though the complainant approached the OPs, but all in vain. To support his case, the complainant has relied upon Ex.C-4 copy of statement/transaction inquiry to show that an amount of Rs.10000/- was debited to his account alongwith the amount of Rs.4000/-. But the case of complainant is that he never withdrew amount of Rs.10,000/- and the same amount was debited to the account of complainant without any reason and without withdrawing the same. The OPs are exparte in the present case. The complainant has produced nothing on record to show that the transaction was ever cancelled nor the complainant has produced any receipt of ATM showing the cancellation of the transaction at that time. Further the complainant has raised dispute about the withdrawal of the amount with the OPs, but the complaint was closed with rejection as is evident from the copies of documents Ex.C-5 and Ex.C-6. Obviously, the OPs have closed the complaint after going through the records. The complainant has not produced iota of evidence to show that the amount was never received by him from the ATM machine on 28.01.2021 as alleged by the complainant in the complaint. Further there is nothing on record to show that he ever demanded the CCTV footage from the OPs of that date i.e. 28.1.2021 and the OPs have refused to supply the same.  The complainant has to stand on his own legs to prove his case, which he has miserably failed to do so.  As such, we are of the considered opinion that the complaint deserves to be dismissed.

6.             Accordingly, this complaint stands dismissed, leaving the parties to bear their own costs.

7.     The complaint could not be decided within the statutory time period due to heavy pendency of cases  .

8.             A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

                                Pronounced.

                                October 17, 2023.