Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 237.
Instituted on : 21.04.2017.
Decided on : 11.03.2019.
Renu Sharma w/o Sh. Mahesh Sharma R/o H.No.88/22, (256/A), Vikas Nagar, Rohtak, Age 36 years, Mb.No.9416104664.
………..Complainant.
Vs.
- Punjab National Bank, Babra Mohalla, Rohtak through its Manager.
- Punjab National Bank, Circle Office, ITI Chowk, Dabra Road, Hissar through its Manager.
- Punjab National bank, 7, Bhikaji Cama Place, Delhi-110066 through its Managing Director.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
DR. RENU CHAUDHARY, MEMBER.
Present: Sh.Surender Laura, Advocate for the complainant.
Sh.M.L.Dhingra, Advocate for opposite party No.1.
Opposite party No.2 & 3 already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainant has a saving bank account with respondent‘s bank with A/c no.3009000100143311. That on 27.11.2016 the complainant has withdrawn Rs.2000/- from State Bank of Patiala ATM, Delhi Road, Rohtak through her ATM card. But when the complainant got completed her passbook it was came to her knowledge that two times Rs.2000/- has been deducted from her account. That complainant contacted the opposite party and gave a written complaint to the bank and asked to reverse/credit Rs.2000/- in her account. That complainant visited many times in opposite party bank for reversal of this illegal deducted amount but no action was taken by the OPs. That complainant sent a legal notice through her counsel on dated 03.02.2017 but till dated neither the amount has been refunded nor any reply of legal notice has been given to the complainant. That the act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay a sum of Rs.50000/- on account of deficiency in service, to pay Rs.2000/- in the account of complainant which were illegally deducted from her account and also to pay Rs.11000/- on account of litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Notice sent to opposite party No.2 & 3 through registered post not received back either served or unserved and as such opposite party No.2 & 3 were proceeded against exparte vide order dated 08.09.2017 of this Forum. Opposite party No.1 in its reply has submitted that complainant has used the ATM machine of State Bank of Patiala now State Bank of India but she has not impleaded State Bank of India as party. That the complainant has withdrawn an amount of Rs.4000/- on 27.11.2016 and the entry of withdrawal was successful. The complainant has used ATM machine of State bank of India. That no amount was inadvertently deducted from the Account of complainant. That if there was any defect in the ATM machine of State Bank of India, then the complainant should have approach State Bank of India. That there is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and has closed his evidence on dated 05.06.2018. Ld. counsel for the OP No.1 has tendered affidavit Ex.RW1/A, documents Ex.R1 and closed his evidence on dated 05.10.2018.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that the contents of the affidavit are different from the written statement filed by the respondents. As per written statement the complainant has withdrawn an amount of Rs.4000/- on 27.11.2016 whereas as per affidavit, a new plea has been taken by the respondent that the complainant has withdrawn an amount of Rs.2000/- two times i.e. on 26.11.2016 and 27.11.2016. To prove this fact they have placed on record a statement which is Ex.R1.
6. On the other hand, complainant has placed on record two documents Ex.C1 and Ex.C2. Through Ex.C1 the complainant proves that regarding withdrawal there are two entries mentioned on 27.11.2016. The complainant has also placed on record Ex.C2 a copy of passbook of the State Bank of Patiala. Through this document the complainant has submitted that on the same day i.e. on 27.11.2016 she had withdrawn an amount of Rs.2000/- because as per the RBI guidelines there was withdrawal limit of only upto Rs.2000/- in November 2016. To prove the same, complainant has also placed on record copy of RBI guidelines at the time of arguments, as per which, withdrawal limit in 9th of November 2016 was only upto Rs.2000/-. Thereafter on dated 13.11.2016 the sane limit was enhanced from Rs.2000/- to Rs.2500/- and on 3l.12.2016, the ATM limit was enhanced from Rs.2500/- to Rs.4500/- per day per card w.e.f. 01.01.2017. A wrong entry has also been made by the State Bank of Patiala due the same technical reason and in the pass book it has been shown that the complainant has withdrawn Rs.2000/- two times but it was not possible as there was a withdrawal limit of Rs.2000/- per day per card. The State Bank of Patiala rectified their fault on dated 24.05.2017 and an amount of Rs.2000/- has been transferred in her account.
7. In view of the facts and circumstances of the case it is observed that there is deficiency in service on the part of opposite party No.1. As such complaint is allowed and opposite party no.1 is directed to refund Rs.2000/-(Rupees two thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 21.04.2017 till its relaisation and shall also pay a sum of Rs.3000/-(Rupees three thousand only) towards deficiency in service and litigation expenses to the complainant within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
11.03.2019.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Renu Chaudhary, Member.
