DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 377/2017
D.No.________________________ Date: ________________
IN THE MATTER OF:
NAND KISHORE SHAH,
S/o SH. TRIVENI SHAH,
R/o KH-27/7, OUTER RING ROAD,
VILLAGE-BADLI, DELHI-110042.… COMPLAINANT
Versus
PUNJAB NATIONAL BANK,
THROUGH THE BRANCH MANAGER,
H-3/26, SECTOR-18,
ROHINI, DELHI-110085. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 08.05.2017
Date of decision:08.08.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant is having a saving account in OP’s Branch bearing account no.0637000104196579 and the complainant visited the ATM machine installed at 14, Sec.-16, Rohini, Delhi on 09.02.2017 at about 8:30 p.m. to withdrew the amount of
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Rs.10,000/- and the amount was not released by the said ATM machine but the message came on the mobile that Rs.10,000/- withdrawn from ATM machine and the complainant waited for some time for amount but the amount was not released by the said machine. In this regard, the complainant made complaint on customer help line no.-18001802222 of OP and the officials of OP assured the complainant that the amount of Rs.10,000/- will be credited in the account within 7 working days and also gave complaint no.-AO-45542945 but till filing of the case, OP has not credited the said amount in the account of the complainant. The complainant further alleged that the complainant approached OP several times and made many complaints also and some of the complaint no. AO-45542945 dated 09.02.2017, AO-46884233 dated 01.03.2017 & 5000152573 dated 26.03.2017 and another complaint to Branch Manager of OP on 20.03.2017 but there is no response from OP which shows clear cut deficiency in service on the part of OP.
2. On these allegations the complainanthasfiled the present complaint praying for direction to OP to pay/give Rs.10,000/- being withdrawn wrongly as OP is guilty in providing proper service as well as compensation of Rs.70,000/- for causing mental agony, physical harassment and also sought Rs.11,000/- as cost of litigation.
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3. OP has been contesting the case and filed written statement/reply wherein OP submitted that the complaintis not maintainable and is liable to be dismissed. OP further submitted that ATM transaction summary/ATM log reviews that transaction of withdrawal was successful. OP further submitted that in case of failed ATM transaction the amount automatically get credited back into the account of the customers. OP further submitted that OP has out-sourced the services of independent agency/vendor M/s Prizm which has been responsible for operating and maintaining ATMs of the bank and the complainant never approached the ATM issuing bank i.e. Punjab National Bank, Rohini immediately apprising about the allege failure and non-dispensation of amount within 30 days of the alleged withdrawal failure by the said ATM as per RBI guidelines. OP further submitted that despite having knowledge, the complainant did not seek video clipping of the said transaction and even though approached by the complainant after expiry of stipulated 30 days, OP perused the matter with vendor regarding the status of transaction in the form of excess cash extra from the said agency, credited the amount in complainant’s accountin good faith on 01.08.2017, as the complainant approached the branch on 10.03.2017. OP further submitted that there is no deficiency in service and the complaint is to be dismissed.
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4. The complainant filed rejoinder and denied the contentions of OP, however did not dispute the fact that amount of Rs.10,000/- has been credited in the account on 01.08.2017.
5. In order to prove the case, the complainant filed hisaffidavit in evidence and also filed written arguments. The complainant also filed copy of his bank passbook and copy of complaint dated 10.03.2017 filed with OP’s bank regarding failed transaction and wherein the complainant has mentioned that on the date of failed transaction he had even complained at customer helpline no. 18001802222 and the complainant was informed that problem will be sorted out within 7 days.
6. On the other hand, Sh. Aman Singh Bhamu, Senior Manager of OP filed his affidavit in evidence which is as per lines of defence taken by OP in the written statement/reply. OP has also filed written arguments. OP has also filed ATM transaction summary/ATM log, reconciliation sheet and switch transaction report.
7. This Forum has considered the case of the complainant and OPin the light of evidence of the parties and the documents placed onrecord by the parties.The case of the complainant has remainedconsistent and undoubted.No document has been placed on record by OP that the complainant on 09.02.2017 did not contact customer helpline no. about failure of ATM transaction. It is hard to believe that the complainant will not contact OP bank till 29th day of
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failed transaction. Moreover, the copy of complaint dated 10.03.2017 filed by the complainant before OP on 29th day shows that the complainant was filed within the required period of 30 days from the date of failed transaction.
8. In this regards, Ld. Counsel for the complainant placed on record and relied on guidelines issued by Reserve Bank of India on 27.05.2011 vide no. RBI/2010/11/547-DPSS.P.D. No. 2632/02.10.002/2010-2011, the time limit for resolution of customer complaints by the issuing banks shall stands reduced from 12 working days to 7 working days from the date of receipt of customer complaint. Accordingly, failure to re-credit the customer’s account within 7 working days of receipt of the complaint shall entail payment of compensation to the customer @ Rs.100/- per day by the issuing bank.
9. We find force in the arguments of Counsel for the complainant.OP has credited an amount of Rs.10,000/- in the savings account of the complainant on 01.08.2017. It clearly shows that the amount was wrongly debited in the account of the complainant on 09.02.2017. OP’s bank has failed to reconcile the failed transaction at ATM pertaining to the account/debit card of the complainant.Accordingly, in the light of above OP is held guilty of deficiency in service. Accordingly, this forum directs OP as follows:
i) To pay to the complainant an amount of Rs.100/- per day as
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compensation with effect from 17.02.2017 to 31.07.2017 i.e. 165 days thereby totaling Rs.16,500/- for causing harassment and mental agony to the complainant.
ii) To pay to the complainant an amount of Rs.6,000/- as cost of litigation.
10. The above order shall be complied by OP within 30 days from thedate of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annumfrom the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
11. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 8thday of August, 2019.
BARIQ AHMED USHA KHANNA M.K.GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY :- SATYENDRA JEET
