DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 4^th day of November, 2022 

Present      :   Sri.Vinay Menon V., President

                :   Smt.Vidya A, Member             

                :   Sri.Krishnankutty N.K, Member                                       

      Date of Filing: 15/04/2021.

CC/76/2021

Shafeeq,

S/o Salim, Parakkal Veedu,

Cherumundassery, Ambalappara,

Palakkad.

          (By Adv.J Kamesh)                                       -                               Complainant

                                                                             Vs

          Punjab National Bank,

Ambalapara Branch, Ambalapara (PO),

Ottappalam, Palakkad -679 512.                           -                    Opposite party

          (Ex parte)  

                                                                                      O R D E R

By  Sri.Krishnankutty N.K., Member  

          Pleadings of the complainant in brief.

1.       The complainant is a customer of the opposite party Bank having  savings Bank Account No.4253000100080128.  He has been making banking transactions using ATM card as well as through mobile Banking.  According to him he has a balance of Rs.51545/- in his account as on 31.03.2021.

        On 01.04.2021 when he tried to swipe his ATM card for making a hotel bill payment the transaction was rejected and when tried to withdraw cash from the ATM that was also rejected.  Hence he had to borrow money from a friend to make the said payment. When he verified his account balance using mobile banking, the balance available was shown as Rs.11000/-. When he contacted the customer care of the opposite party they did not respond positively. When he checked the balance after some time the balance was shown as zero.  Hence he could not do any transactions which he planned to do.  After some time, though the balance outstanding was shown again as Rs.11000/-, he could not make any transaction using that fund.  When he tried to withdraw cash from the ATM, it was rejected showing reason “Insufficient Balance”.  Because of these, the loan payments through “Auto debit” mode did not happen, thereby affecting his credibility and CIBIL Score.  Further he had to arrange for funds from others to make these payments, even though sufficient balance was available in his account.  On 03.04.2021 Rs.40,000/- was credited to his account by the opposite party and still there is a short fall of Rs. 9000/- in the account which is yet to be corrected by the opposite party.

       According to him this has happened due to the Deficiency in service from the side of the opposite party and hence he has approached this Commission for the following reliefs.

a) To refund Rs.9000/- along with interest for 01.04.2021 onwards.

b) To pay Rs.50,000/- as compensation for deficiency in service and  resultant mental agony caused.

c) Cost as per the discretion of the Commission.

2.      Notice was issued to the opposite party. They did not enter appearance         

               and hence was set ex-parte.

3.       Complainant filed proof affidavit and documents marked as Exhibits A-1 to A-6. These are print outs of the various transactions taken place on 31.03.2021 and 01.04.2021. Though, it is not possible to make out what is the reason for the rejection of various transactions made by the complainant on the dates mentioned in the complainant, it is clear that he had to suffer a lot because of this. In the absence of appearance or any counter statement from the part of the opposite party we are bound to believe the arguments of the complainant and pass orders accordingly. However,how the complainant has come to the conclusion that Rs. 9000/- is still to be refunded by the opposite party is not proved by any of the documents mentioned above.

Though these types of problems are not uncommon in digital transactions due to network problems and other technical issues, it is pertinent to note that the opposite party neither tried to resolve the issue to the satisfaction of the complainant or convince the complainant even after filing this complaint nor came forward with their arguments/explanations duly joining the judicial process.  This amounts to deficiency in service of the opposite party. In the result following reliefs are ordered.

b) Opposite party to pay a compensation of Rs.25000/- towards the mental agony suffered by the complainant.

c) To pay Rs.5000/- towards cost.

       The opposite party shall comply with the order within 45 days from the date of receipt of copy of this order failing which the opposite party shall pay an amount of Rs.250/- per month or part thereof by way of solatium to the complainant till date of final payment.

          Pronounced in open court on this the 4^th day of November,  2022.

                                                                                     Sd/-                      

                                                                             Vinay Menon V

                                                       President

                    Sd/-

                Vidya  A

                                Member   

                                                                                                Sd/-

                                                                                            Krishnankutty N.K.

                                                                                                    Member

APPENDIX

Exhibits marked on the side of the complainant:

Ext.A1- Copy of  SBI ATM customer advice  slip dated 01.04.2021

Ext. A2- Copy of  ESAF Small Finance bank  ATM slip dated 01.04.2021

Ext.A3- Copy of  ESAF Small Finance bank ATM  slip dated 01.04.2021

Ext.A4- Copy of  ESAF Small Finance bank  mini statement slip dated 01.04.2021

Ext.A5- Copy of  ESAF Small Finance bank  ATM slip dated 01.04.2021

Ext.A6- Mobile banking screen shots  (8 nos.)

 Documents marked from the side of opposite party     -   NIL

  Witness Examined  : NIL

 Cost    :  Rs.500/-