DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 801/2012
Date of Institution 19/09/2012
Order Reserved on 20/09/2016
Date of Order - 21/09/2016
In matter of
Mr. Mukesh Kumar Singh, adult
R/o-A-76, Ground Floor
Vivek Vihar, Delhi 110092………………………………....………..………….Complainant
Vs
1-The Branch Manager
Punjab National Bank
BO- Ahimsa Bhawan, Shankart Road,
New Rajinder Nagar, New Delhi 110060
2-The Branch Manager
Bank of Maharastra
BO- C Block, Vivek Vihar, Delhi-110092..…………………….…………….Respondents
Complainant’s Advocate -Mr Pravin Misra
Opponent 1/ PNB’Advocate-Md Sneha Tyagi
Opponent 2/ Bank of Maharastra’s Advocate-Mr Shankar Chabra
Quorum - Sh Sukhdev Singh- President
Dr P N Tiwari - Member
Mrs Harpreet Kaur- Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
Complainant was having a saving bank account in OP 1 bank (PNB) vide saving account no. 0629001500019692. He had also a credit card no. 5126520010282890 issued by OP1 bank.
Complainant had credit opening balance in his saving account Rs 5009/- on 07/09/2009. As per complainant, he received a message from one of his party that a sum of Rs 25,000/- had been deposited in his account, also had annexed zerox of his pass book of OP1 bank. So, complainant went to withdraw the same amount through OP2 bank’s ATM counter which was situated near to his house. He stated that the ATM machine did not display the balance amount. He tried to withdraw the same amount twice, but did not get the money. Thereafter, he updated his passbook from OP1 bank and was shown that there was withdrawal of Rs 10,000/- and Rs 15,000/- on 08/09/2009. He informed OP1 and OP2 bank for non withdrawal of amount, but his account had shown transaction successfully.
Complainant made number of complaints to OP1 bank through emails and letters, but did not get any reply, so filed his complaint.
Notices were served to OPs. OP1 could not submit its written statement as per time required to submit its version, so cost was imposed. Later OP1 submitted its written statement without paying the cost, imposed by the Forum. Time was granted for two days, but again cost was not deposited in two days, so their written statement was not accepted. OP2 did not appear even after giving ample
opportunities, OP2 was preceded Ex Parte. OP1 filed its written statement with cost of a sum of Rs 5000/- which was imposed by the Honble State Commission vide FA no. 190/2014 dated 23/09/2015. OP1 paid earlier imposed cost on them. OP1 denied all the allegations alleged by the complainant in his complaint and submitted all the related evidences pertaining to the saving bank account and detailed ATM transactions including OP2’s bank.
Complainant filed its rejoinder and evidence on affidavit. OP2 did not approach Honble State Commission for vacating Ex Parte order in their favor. Both the parties filed their evidences on affidavit which were on record.
Arguments were heard and order was reserved.
We have analysed all the facts and evidence on record. It was accepted by OP1 bank that complainant had a saving bank account had a credit card facility from OP1 bank with a credit limit of Rs 25,000/-. OP1 bank on filing the complaint, had submitted all the evidence of OP2 bank’s ATM like Switch report, JP Log, No excess cash certificate and EOD cash balancing reports through their senior technical associates.
We had also gone through the zerox of pass book of complainant marked as Annexure A, B and F. After scrutinizing the pass book, it was noticed that complainant had opening balance of a sum of Rs 5,007 as carried over and complainant had withdrawn Rs 5000/- through ATM on 25/07/2009 leaving a balance of Rs 0007/- only. Thus from 25/08/2009 to 04/09/2009, there was cash deposition of Rs 20,000/-, 54,000/- 30,000/- and Rs 25,000/- and on the very
same day, the deposited amount were withdrawn by complainant through ATM. On 04/09/2009, the balance amount in account was Rs 55,007/- and from 04/09/2009 to 07/09/2009, all the cash was withdrawn leaving account balance of Rs 5,009/-. As complainant had stated in his complaint that one of his party had deposited cash in his account on 07/09/2009 and he had withdrawn the money as he had some urgency, so, a sum of Rs 15,000/- and 10,000/- were withdrawn on 07/09/2009 leaving a balance of Rs 5,009/-. But passbook does not show any credit of a sum of Rs 25,000/- in his account, as cash deposited by any party. He had also not filed any affidavit from that party who had deposited cash of Rs 25,000/-in his account on 07/09/2009. His pass book showed that on 08/09/2009, there were two transactions done by complainant and his last balance was just Rs 5,009/-only, so his contention of deposition of a sum of Rs 25,000/- was unsustainable as every entry in pass book tally with deposition of cash and subsequent withdrawal of same amount. It looked a computer generated mistake in account balance in pass book. It was also evident from his pass book that closing balance was Rs 19,991/- after withdrawal of Rs 25,000/-on 08/09/2009. There was no Neither complainant nor OP1 had submitted any evidence for the last balance shown in pass book.
We have also gone through all the ATM generated internal cash withdrawal records filed by OP bank. When two transactions showed triple zero code (000). This means transaction were successful. We come to conclusion that deficiency of OP has not been proved by complainant, thus this complaint deserves dismissal. The complaint is dismissed without cost.
The copy of this order be sent to the parties as per rules and file be consigned to the record room.
Mrs –Harpreet Kaur- Member (Dr) P N Tiwari – Member
Shri Sukhdev Singh - President
