DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/64/2022

Date of Institution   : 21.02.2022

Date of Decision    : 03.04.2024

M/s Raghvir Chand and Co. Tapa through its Proprietor Sh. Naresh Kumar son of Late Sh. Raghvir Chand resident of Tapa, Tehsil Tapa, District Barnala.          

                          …Complainant Versus

1. Punjab National Bank, branch Sadar Bazar, Tapa, Tehsil Tapa, District Barnala, through its Branch Manager.   

2. Branch Manager, Punjab National Bank, branch Sadar Bazar Tapa, Tehsil Tapa, District Barnala.  

                          …Opposite Parties

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. N.K. Garg counsel for complainant.

Sh. J.K. Kapil counsel for opposite parties.

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2.Smt. Urmila Kumari : Member

3.Sh. Navdeep Kumar Garg : Member

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT

1. The present complaint has been filed under Section 35 of the Consumer Protection Act 2019, (amended upto date) against Punjab National Bank and others (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the complainant firm is having OD account against FDR bearing No. 06415011001139 with the branch of opposite parties and is also having CC account with the opposite parties. It is alleged that on 22.9.2021 an amount of Rs. 25,000/- was withdrawn by some unknown person from the above said account of the complainant firm. The complainant immediately contacted and informed the opposite parties regarding the said unknown withdrawal of said amount from the above mentioned account of the complainant firm and the opposite parties have duly given a receiving for the same and the complainant firm also intimated the same to SHO, Police Station Tapa. Thereafter, on 6.10.2021 the opposite parties credit an amount of Rs. 25,000/- in the bank account of the complainant. It is further alleged that on 3.12.2021 at about 3.05 PM, the opposite parties debited/make withdrawal of said amount from the bank account of the complainant without any reason/notice to the complainant firm. The complainant firm even requested the opposite parties vide letter to close the said account and to transfer the amount in account No. 064150100000670 of the complainant and hand over the opposite parties all the requisite documents like cheque book and Aarthiya card in the month of August, 2021. But till date opposite parties did not transfer the amount in the above said account of the complainant firm and when asked by the complainant firm, the opposite parties lingered on the matter on one pretext or the other and ultimately in the last week of December, 2021, the opposite parties flatly refused for the same. Thereafter, the complainant firm got served a legal notice dated 7.1.2022 upon the opposite parties through his counsel which was sent to opposite parties on 10.1.2022 but the opposite parties did not turn up to redress the grievance of the complainant firm. Hence, there is clear cut deficiency in service and unfair trade practice on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.- 

i)To make the aforesaid payment of Rs. 25,000/- alongwith interest in the above said account of the complainant firm.  

ii)To pay Rs. 1,00,000/- as compensation for causing physical pain, mental agony, inconvenience and financial loss and Rs. 10,000/- as litigation expenses.   

3. Upon notice of this complaint, the opposite parties appeared and filed written version taking legal objections interalia on the grounds that the complainant has got no locus standi or cause of action to file the present complaint, the complaint is bad for non-joinder of necessary party, the complaint is not maintainable as the complainant firm which is carrying on commercial activities, complainant has not come with clean hands and concealed the material facts and this Commission has no jurisdiction etc. 

4. On merits, it is admitted to the extent that the complainant firm is having OD account against FDR bearing No. 06415011001139 with the branch of opposite parties. It is submitted that complainant having ATM card No. 6071145000063002 issued by opposite party No. 1 to the complainant and complainant withdrew Rs. 25,000/- on 22.9.2021 as is clear from copy of JP Log transaction is successful. It is further submitted that complainant neither deposited the ATM card No. 6071145000063002 with the opposite parties bank nor submitted any copy of FIR or copy of complaint to police authority regarding unauthorized ATM withdrawal. It is correct to the extent that on 3.12.2021 at about 3.05 PM opposite parties debited/withdrawal of said amount from the bank account of the complainant. It is submitted that as per RBI guidelines opposite parties bank credit an amount of Rs. 25,000/- on 6.10.2021 in the bank account of the complainant. On enquiry it was found that the amount was debited on the basis of successful withdrawal using card No. 607114xxxxxx3002, which was issued to complainant. The withdrawal was made ATM at Standard Chowk, Handiaya of SBI Branch near Civil Hospital, Barnala and the ATM at Standard Chowk, Handiaya fall within the radius of 16 Km between Handiaya to Tapa, so the amount was debited from the account of complainant by opposite party No. 1. It is submitted that the record of OP bank caught fire and the record got destroyed. It is further submitted that the complainant not handover all the requisite documents like cheque bookd and Aarthiya card in the month of August 2021. It is further submitted that in the application moved by the complainant on 25.8.2021 no such request for the documents was made. No Aarthiya card was issued by the opposite parties to the complainant but ATM debit card No. 6071145000063002 was issued by the opposite parties bank to the complainant, which was used for withdrawal of Rs. 25,000/- on 22.9.2021 and the said ATM card neither handover to the opposite parties by the complainant nor any information given by the complainant regarding loss of ATM debit card No. 6071145000063002. It is submitted that on 23.9.2021 opposite parties sent E-mail to Cyber Crime Monitoring Cell, ATM CRC, CO Bathinda IT regarding the fraudulent and unauthorized transactions through ATM machine from the account of complainant. Therefore, there is no deficiency in service and unfair trade practice on the part of opposite parties and prayed for the dismissal of complaint with cost.

5. Complainant has filed rejoinder to the written reply of opposite parties and denied the averments of the opposite parties. 

6. To prove his case the complainant tendered into evidence his own affidavit Ex.C-1, copy of statement of account Ex.C-2, copy of application dated 22.9.2021 Ex.C-3 to SHO PS Tapa, copy of application dated 22.9.2021 Ex.C-4 to opposite party No. 2, copy of acknowledgment dated 25.8.2021 Ex.C-5, copies of screenshots of Text message Ex.C-6 to Ex.C-10, copy of legal notice Ex.C-11, postal receipts Ex.C-12 & Ex.C-13 and closed the evidence.  

7. To rebut the case of the complainant the opposite parties tendered into evidence affidavit of Parveen Kumar Ex.O.Ps-1, copy of JP Log Ex.O.Ps-2 (containing 2 pages), copy of application for information Ex.O.Ps-3, copy of General Diary Details Ex.O.Ps-4, copy of E-mail Ex.O.Ps-5, copy of location Ex.O.Ps-6, copy of letter Ex.O.Ps-7, copy of letter dated 27.12.2018 Ex.O.Ps-8, copy of letter regarding intimation Ex.O.Ps-9 (containing 3 pages), copy of statement of account Ex.O.Ps-10 and closed the evidence.    

8. We have heard the learned counsel for the parties and have gone through the record on file. Written arguments filed by the parties. 

9. In order to prove his case the complainant placed on record his own affidavit Ex.C-1 vide which the complainant reiterated the averments as mentioned in the complaint. The complainant further placed on record copy of statement of account Ex.C-2, which shows that the amount of Rs. 5,000/-, Rs. 10,000/- and Rs. 10,000/- have been withdrawn on 22.9.2021 through ATM from the account of complainant respectively. Ex.C-2 further shows that an amount of Rs. 25,000/- has been credited on 6.10.2021 in the account of complainant and on 3.12.2021 the same amount of Rs. 25,000/- has been debited from the account of complainant. Ex.C-3 is the copy of application dated 22.9.2021 which was given by the complainant to the Police Station, Tapa vide which it is mentioned that I have not taken any ATM Card from the Bank from his above said account. Further, Ex.C-4 is the copy of application dated 22.9.2021 which was written to Bank Manager Punjab National Bank, Branch Tapa vide which it is mentioned that an amount of Rs. 25,000/- has been withdrawn from his account but the same has not been withdrawn by him. Ex.C-5 is the copy of acknowledgment dated 25.8.2021 vide which the complainant requested the Bank Manager OBC/PNB Branch that close the account No. 06415011001139 and transfer the amount in the account No. 064150100000670. The complainant further placed on record copies of screenshots of Text messages Ex.C-6 to Ex.C-8 from which it shows that an amount of Rs. 10,000/- has been debited on 22.9.2021 at 16:12:37, Rs. 10,000/- again has been debited on 22.9.2021 at 16:13:31 and an amount of Rs. 5,000/- has been debited on 22.9.2021 at 16:11:39 through ATM XXXX3002 respectively. Further, Ex.C-9 is the copy of text message which shows that an amount of Rs. 25,000/- has been credited on 6.10.2021 at 17:43:52 in the account of complainant. Ex.C-10 is the copy of another text message which shows that an amount of Rs. 25,000/- has been debited on 3.12.2021 at 15:05:27 from the account of complainant. Further, Ex.C-11 is the copy of legal notice sent to the opposite parties and the Ex.C-12 & Ex.C-13 are the postal receipts. 

10. On the other hand, to rebut the case of the complainant the opposite parties placed on record affidavit of Parveen Kumar Ex.O.Ps-1 vide which the opposite parties reiterated the averments as mentioned in the written version. The opposite parties further placed on record copy of JP Log Ex.O.Ps-2 which shows that disputed amount has been withdrawn on 22.9.2021 through ATM Card No. 607114XXXXXXXXX2 at Stander Chowk Handiaya. Ex.O.Ps-3 is the copy of application for information vide which the account No. 06415011001139 is mentioned and the customer name mentioned as Raghbir Chand & Co. Further, in Ex.O.Ps-3 Card Number is mentioned as 6071145000063002 which was issued to the complainant. Further, in the column Hotlisted Debit Card/Disabled IBS User, customer response 'Yes' (Column No. 6). Further, in the column of whether card is in possession of the customer at present and the customer response is 'NO' (Column No. 10) and the transaction date/transaction amount is mentioned as 22.9.2021 (Column No. 12) and this information application is duly signed by the complainant. Ex.O.Ps-4 is the copy of General Diary Details which was registered at Police Station, Tappa Mandi District Barnala which was registered by the Senior Manager Oriental Bank of Commerce Branch Tapa Mandi regarding the fire incident occurred in the Bank and regarding the destroy of record. Ex.O.Ps-5 is the copy of E-mail sent from Branch Office Tapa Mandi to Cyber Crime Monitoring Cell Bathinda regarding unauthorized ATM transaction in the borrower account. Further, Ex.O.Ps-6 is the copy of location which was sent from CO Bathinda IT to BO Tapa Mandi of ATM location of ATM Cash Withdrawal from which it shows that the amount of Rs. 10,000/-, Rs. 10,000/- & Rs. 5,000/- have been withdrawn through ATM in Barnala at State Bank of India. Ex.O.Ps-7 is the similar copy of letter as is produced by complainant i.e. Ex.C-5. Ex.O.Ps-8 is the copy of letter dated 27.12.2018 which was sent by the Office of Fire Station Barnala to the Oriental Bank of Commerce Tappa District Barnala regarding fire report vide which it is mentioned that due to fire Furniture, documents and building etc., have been badly damaged. Ex.O.Ps-9 is the copy of letter regarding intimation sent from BO Tapa Mandi to CO Bathinda regarding unauthorized ATM transaction in the borrower account No. 06415011001139. Further, Ex.O.Ps-10 is the copy of account statement of account No. 06415011001139 of complainant vide which the details of withdrawal and deposit of amount is mentioned which are same as mentioned in Ex.C-2. 

11. So, from the perusal of record it shows that the complainant is having ATM card No. 6071145000063002 issued by opposite party No. 1 to the complainant (which proves from Ex.O.Ps-3) and complainant withdrew Rs. 25,000/- on 22.9.2021 as is clear from copy of JP Log (Ex.O.Ps-2) transaction is successful and the complainant neither deposited the ATM card with the opposite parties bank nor submitted any copy of FIR or copy of complaint to police authority regarding unauthorized ATM withdrawal. It is also the case of the opposite parties that as per RBI guidelines opposite parties bank credit an amount of Rs. 25,000/- on 6.10.2021 in the bank account of the complainant (as per Ex.C-2 & Ex.O.Ps-10), but on enquiry it was found that the amount was debited on the basis of successful withdrawal using card No. 607114xxxxxx3002, which was issued to complainant (this fact proves from text messages Ex.C-6 to Ex.C-8) and the withdrawal was made ATM at Standard Chowk, Handiaya of SBI Branch near Civil Hospital, Barnala (as per Ex.O.Ps-6). But on the other hand the complainant has mentioned in the application (Ex.C-3) written to the Police Station, Tapa that he has not taken any ATM card from the opposite parties. However, from the Ex.O.Ps-3 it shows that the complainant has the ATM card No. 607114500063002 in the account No. 06415011001139. It is also shows from the file that the record of opposite parties bank caught fire and the record got destroyed (as per Ex.O.Ps-8). Further, from perusal of documents placed on the file shows that the opposite parties have taken steps to find out the unauthorized transaction made in the account of complainant as they have sent E-mail to Cyber Crime Monitoring Cell, ATM CRC, CO Bathinda IT regarding the fraudulent and unauthorized transactions through ATM machine from the account of complainant (as per Ex.O.Ps-5). Moreover, we are of the view that the complainant has failed to implead SBI Branch near Civil Hospital, Barnala as opposite party in whose ATM the disputed amount has been withdrawn which is necessary party to find out the unauthorized transactions/withdrawal by producing the CCTV footage on record. So, the complainant has failed to prove his case by producing any cogent and reliable evidence on record. 

12. In view of the above discussion, the present complaint has no merits and the same is dismissed. However, there is no order as to costs or compensation. 

13. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       3rd Day of April, 2024

 

            (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member