Complainant Naveeet Singh has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to delete the entries regarding the ATM withdrawal of amount of Rs.10,000/-, Rs.10,000/- and Rs.10,020/- made in his statement of account  and to deposit the same in his account, in the interest of justice.

2.       The case of the complainant in brief is that he is having Saving Bank Account bearing No.3482000104113870 with the opposite party and is using the services of the ATM, also in the said Saving Bank Account. On 26.2.2014, the opposite party bank has made debit ATM entries that the amount of Rs.10,000/-, Rs.10,000/- and Rs.10,020/- were withdrawn from his Saving account. He has further pleaded that in the month of June 2014 he got the statement of account and then he was confronted with the illegal act being done by the opposite party that they have made entries regarding withdrawal of amount of Rs.10,000/-, Rs.10,000/- and Rs.10,020/- from his Saving Account mentioned above through ATM at Gurdaspur. He made complaint to the Customer Care bearing Toll Free No.18001802222 and 4 complaints were registered at the time to time bearing No.M008612159, MOO9062582, MOO8612337 and MOO9142620, but no action has been taken on these complaints. He requested the opposite party to delete the entries regarding the withdrawal of the abovesaid amounts of Rs.30,020/- but the opposite party has refused to admit his claim. Hence prompted the present complaint.

3.       Notice of the complaint was issued to the opposite party who appeared through its counsel and filed its written reply by taking the preliminary objections that the complaint is not maintainable. This complaint has been  malafide, false and filed with ulterior motives to illegally extract the amount from the opposite party.  On merits, it was submitted that the complainant withdrew cash amount of Rs.10,000/-, Rs.10,020/- and Rs.1020/- on 26.2.2014 through the ATM of AXIS Bank Jahaj Chowk, Gurdaspur. Accordingly these entries were debited to the Saving Bank Account of the complainant. Complainant withdrew this amount from the ATM of AXIS Bank, because without ATM Card and Security Password no cash withdrawal can be made at any ATM, and thus a strict onus of proof lies upon the complainant to prove his allegations.  All other averments made in the complaint have been vehemently denied and prayed for dismissal of the complaint.

4.       Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1, alongwith other documents Ex.C2 and Ex.C3 and closed the evidence.  

5.       Counsel for the opposite party tendered into evidence affidavit of Harpal Singh Attri, Branch Manager, alongwith other documents Ex.OP2 to Ex.OP4 and closed the evidence.

6.       We have carefully gone through the pleadings of both the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

7.       We observe that the debited amount as alleged in the complaint as Rs.10,000/-, Rs.10,000/- and Rs.10,20/- do not tally with the withdrawal debits as shown in the Ex.C2 as per which these figures as on 26.2.2014 are Rs.10,000/-, Rs.10,020/- and Rs.1,020/-. Further the complainant has also withdrawn amounts on 12.3.2014 and 29.3.2014 through the ATM Cards and in all probability he would have known the ATM withdrawals on 26.2.2014; whereas he has made the complaints to the OP Bank in the month of June 2014 and the delay has defeated the prediction of C.C. T.V. coverage photographs of the withdrawing individuals. Moreover, from the statement of account of the complainant it is judicially noticed that he has been accustomed to the usages of the ATM Card and his allegations of wrong/inadvertent debits proved to be an outcome of after thought.

 8.    In the light of the above, we find no merit in the present complaint and thus ORDER for its dismissal with no orders as to its costs.  

9.       Copy of the order be communicated to the parties free of charges. File is ordered to be consigned to the record room.             

                                                                   (Naveen Puri)

                                                                        President

ANNOUNCED:               (G.B.S.Bhullar)                       (Jagdeep Kaur)

February 10 2015.                      Member                                         Member.

*MK*