Delhi

North East

CC/185/2021

Mr. Nasir Ali - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

02 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.185/21

 

 

In the matter of:

 

 

	Sh. Nasir Ali S/o Sh. Nazar Ali R/o H. No. L-526, Street No.6 Sunder Nagri, Delhi-110093		Complainant
	Versus
	Punjab National Bank Through Manager Branch At 102, Block-AG, Sanjay Gandhi Transport Nagar, Delhi-110042	Opposite Party

 

 

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

06.12.21 21.09.22 02.02.23

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

                                                                   ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that he is having a savings account with Opposite Party bearing no. 4991000100001067 which was linked with his mobile phone no. 9213667048. On 24-25 February 2021, Rs. 29,295/- has been transferred from his account by 10 illegal and unauthorised transactions and Complainant submitted that he also does not get any sms or message on his mobile no. regarding the transactions. Complainant approached Opposite Party and told the Opposite Party about the illegal transactions but Opposite Party did not pay any heed to his request. On 26.02.21, the Complainant lodged an e-FIR bearing no. 20802210079243. The transactions in question was unauthorised and illegal and the Complainant did not get any intimation or information from the side of Opposite Party. The Complainant approached Opposite Party and asked them to refund his money but the Opposite Party did not give any satisfactory response to him. The act of Opposite Party is illegal as prior to transaction no notice is given to Complainant or the Opposite Party obtained the permission of Complainant . The Complainant submitted that he approached Opposite Party for his illegal withdraw claim by unknown and the Opposite Party asked him to submit certain documents and Complainant had completed all the formalities but Opposite Party did not refund his amount. The Complainant has also sent a legal notice to Opposite Party dated 23.08.21 but Opposite Party did not comply the legal notice nor did Opposite Party give reply to the same. The Complainant stated that no intimation or information was given to him about the transactions and he had approached Opposite Party many times for his refund but Opposite Party did not give any satisfactory response to him. Hence this shows deficiency on the part of Opposite Party. Complainant has prayed for Rs. 29,295/- and Rs. 20,000/- for litigation charges. He has also prayed for Rs. 1,00,000/- on account of mental pain and agony. 
2. None has appeared on behalf of Opposite Party to contest the case despite service of notice on 24.12.21. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 13.04.22.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant and we have also perused the file.  The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to pay Rs. 29,295/- i.e. the amount in question to the complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party  is also directed to pay Rs. 10,000/- to the Complainant on account of mental harassment and litigation charges with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 02.02.23.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President