Chandigarh

DF-II

CC/123/2022

Sarla Devi - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Adv. Abhaysher Singh

05 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	123 of 2022
Date  of  Institution	:	08.02.2022
Date   of   Decision	:	05.08.2024

 

 

 

 

 

Sarla Devi D/o Ram Lal, R/o House No.5084-B, Sector 38-West, Chandigarh

    …..Complainant

 

Versus

1]  Punjab National Bank, Sector 17-B, Chandigarh through its Chief Manager, PIN – 160017

2]  Punjab National Bank, Daddu Majra (UT), Chandigarh through its Manager PIN 160014

     ….. Opposite Parties

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                MEMBER

                               

Argued by:-     Sh.Abhaysher Singh, Counsel for the complainant (Legal Aid Counsel)

Sh.Bhupinder Singh, Counsel for the OPs.

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

1]       The complainant has filed the present complaint pleading that she is holder of Account No.7864001700014039 with OP Bank wherein she is drawing pension of her deceased father.  It is stated that on 21.11.2019, the complainant went to SBI ATM at Dadu Majra for withdrawal of the amount but the transactions were not completing and then one stranger, who came on the pretext of helping her, changed her card with some other card without making any transaction.  Later on, the complainant noticed that an amount of Rs.2000/- was illegally withdrawn from her account.  The complainant reported the matter to the OP Bank with request to refund the said amount as well as to block her card, but the OPs did not take any action.  It is submitted that after few days on 04.12.2019 an amount of Rs.9500/- was again withdrawn from her account despite earlier the request made to the OP bank for blocking her ATM Card.  The complainant reported this matter to the OP bank on 06.12.2019 as well as moved complaint to the Police Authorities, UT, Chandigarh (Ann.C-1 to C-30) and after that the OP Bank credited an amount of Rs.11,500/-  in her account on 20.12.2019.  It is stated that the complainant was called at Police Beat Box, Sector 38 West Chandigarh where the police official informed her that the bank official concerned had refunded the amount in her account, which she affirmed and as such she signed the documents for not initiating any legal action against anyone.  However, after about 20 months later, the OP bank, without prior permission or notice to the complainant, arbitrarily reversal the credit entry of Rs.11,500/- from her account.  The complainant while agitating this action of the OP bank moved an application dated 13.9.2021 to the OP bank as well as to Police Authorities (Ann.C-6 to C-8), but nothing positive was done. Hence, this complaint has been filed alleging the said act & conduct of the OP as deficiency in service and unfair trade practice with a prayer to direct the OP Bank to refund an amount of Rs.11,500/- wrongly deducted from her account as well as to pay compensation and litigation cost.

 

2]       After service of notice, the OPs have appeared before this Commission through counsel, filed written version and while admitting the factual matrix of the case, stated that the complainant himself admitted in her complaint that she had operated the ATM Card through some other person because she do not know the operation of ATM Card and also circulated her secret number of ATM Card, as such there is no fault on the part of OP bank.  It is stated that the complainant did not get his ATM Card blocked even after coming to know about illegal withdrawals of Rs.2000/- & Rs.9500/- from her account through said Card nor she intimated the OP Bank to block her ATM Card. It is stated that the complainant never visited the OP Bank with her problem about illegal transaction done through her ATN Card by someone else.  It is submitted that when the complainant visited the OP Bank and apprised about the said facts, the OP Bank after checking the account told the complainant that they will transfer shadow balance of Rs.11,500/- on 20.12.2019 and the said amount be credited only after when the actual truth will come out to the bank after necessary verification and it was also told her that if the said amount has been withdrawn due to the fault of the complainant, then the bank shall not be responsible for it.  It is pleaded that the said complaint was duly verified and found that the complainant herself is negligent in operating the ATM Card, therefore, the bank returned back the said shadow balance of Rs.11,500/- in its account. Denying other allegations the OP has prayed that the complaint be dismissed.  

        

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the contesting parties and have gone through the entire record.

 

5]       From the perusal of the documents on record as well as pleadings of the parties, it is revealed that undisputedly when the complainant lodged police complaint about fraudulent transaction of Rs.11,500/- (Rs.2000/- & Rs.9500/-) from her account through her ATM Card, the Police took the matter with OP bank and thereafter, the OP Bank credited the said amount of Rs.11,500/- in her account on 20.12.2019.  However, later on, after a period of more than 1½ years, the OP Bank on 28.8.2021 debited the said amount from the complainant’s account.  The stand of the OPs is that the amount has been reversed after necessary verification wherein it was found that the complainant was at fault in operating the ATM.  

 

6]       It is observed that the OPs Bank has failed to placed on record any such Verification Report on the basis of which it claimed to have reversed/debited an amount of Rs.11,500/- from the account of the complainant after a long period. It is also observed that the OP Bank arbitrarily & illegally debited the said amount from the account of the complainant without her consent or information and without supplying her the alleged verification report and that too after a long period of more than 1½ year.   Therefore, such act & conduct of OP Bank clearly amounts to deficiency in service. 

 

7]       In the light of above observations & findings, the present complaint deserves to succeed against the OPs.  Accordingly, the present complaint is partly allowed against the OPs with directions to refund an amount of Rs.11,500/- to the complainant along with interest @10% per annum from the date of debit i.e. 28.8.2021 till the date of its actual payment to the complainant.

        The above said order shall be complied with by the OPs within a period of 45 days from the date of receipt of copy of this order     

8]       The pending application(s) if any, stands disposed off accordingly.

9]       The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

05.08.2024                                                          

Sd/-

                                                            (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER

Om/as