Haryana

Karnal

CC/13/2018

Kapil Dev - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

23 Oct 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                             Complaint No.13 of 2018

                                                         Date of instt. 10.01.2018

                                                         Date of decision:23.10.2018

 

Kapil Dev son of Shri Mohinder Singh resident of village Darad District Karnal.                                                                                                                                                        …….Complainant       

                                        Versus

 

Punjab National Bank Sector-12 Branch Karnal.

 

                                                                        …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary……Member

 

 Present   Complainant in person.

                Shri Jagdeep Thareja Advocate for OP.

               

                (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that he is having bank account bearing account no.670400010003616 with the OP Bank. On 05.01.2018 Rs.14,000/-, Rs.10,000/-, Rs.14,000/- and Rs.10,011/- were withdrawn from the account of complainant at West Patel Nagar Delhi. It is further alleged that Rs.25,000/- was also transferred in account no.17650001000333735 on the same day and after that Rs.1000/- had also been withdrawal from the account of complainant. In this way Rs.74,000/- had been withdrawn in the account of complainant whereas on that day complainant was at Karnal and ATM Card was also within the custody of complainant. It is further alleged that complainant did not withdraw any amount from his account and also not transferred the same in any other account. When the amount was withdrawn messages came on his mobile phone in this regard. Complainant immediately approached to OP and narrated all the story. On this Manager of the Bank  blocked the bank account and ATM card of the complainant. When complainant asked about the withdrawal of amount then Manager of the Bank told his inability in this matter and misbehaved with him. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written version raising preliminary objections with regard to maintainability; cause of action; locus standi; mis-joinder and non-joinder of necessary parties; complaint is false, frivolous and vexatious and concealment of facts. On merits, it is pleaded that the complainant is having ATM card of account no.6704000100003616 and also password of the ATM is known by the complainant only and also mobile number registered in the bank is of complainant. It is further pleaded that complainant himself or through any known person withdrawn the amount from ATM card as well as transfer the amount and lateron complainant become dishonest and file the present false complaint and when complainant moved application dated 5.1.2018 before the bank then immediately his account and ATM card had been blocked/freeze. Hence there was no deficiency in service on the part of the OP and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 and Ex.C2 and closed his evidence on 11.05.2018.

4.             On the other hand, OP tendered into evidence affidavit of Umesh Kumar Ex.RW1/A and documents Ex.R1 to Ex.R5 and closed the evidence on 9.10.2018.

5.             We have heard the learned counsel of both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             The complainant argued that he is having bank account bearing account no.670400010003616 with the OP Bank. On 05.01.2018 a sum of Rs.74000/- were withdrawn from his account and Rs.25,000/- was also transferred in account no.17650001000333735. The complainant further argued that he did not withdraw or transferred the abovesaid amount from his account. After receiving the withdrawal message he approached the OP and shown the telephonically message and ATM card. Thereafter, Manager of the Bank blocked his bank account and ATM card of the complainant. Hence he prayed for acceptance of the complaint with compensation.

7.             On the other hand, counsel for the OP argued that complainant is having an ATM card of account no.6704000100003616 and also having a password of the ATM which is only known by the complainant and mobile number registered in the bank is of complainant. He further argued that complainant himself or through any known person withdrawn the amount from ATM as well as transfer the amount and lateron complainant become dishonest and file the present false complaint. Hence he prayed for dismissal of the complaint.

8.             Admittedly, the complainant is having a account no. 6704000100003616 and ATM card with the Bank of OP. The ATM card number and password of the ATM is known only by the complainant and after withdrawal the amount and transferred of the amount, message received by the complainant. Without knowledge the ATM card and password of the ATM, nobody can withdraw the amount from the account of another person. OP placed on record terms and conditions, copy of which is Ex.R3. A perusal of the same it becomes very much clear that bank has provided all necessary informations regarding the ATM card which clearly states that card holder shall be under an obligation to ensure the safety of the card. In view of above facts and circumstances of the case, that the complainant has failed to prove that he has not withdrawn the amount of Rs.74000/- from his account.

 9.            Thus, as a sequel to above discussions, we do not find any merits in the complaint and the same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced:

Dated:23.10.2018

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)                (Dr. Rekha Chaudhary)

            Member                               Member