Delhi

North East

CC/333/2015

Shahid - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

20 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.333/15

 

In the matter of:

 

	Shri Shahid S/o Late Shri Rais Ahmad R/o H.No. C-26, Gali No. 20 North Ghonda, Delhi-53.	Complainant
	Versus
	Punjab National Bank Through its Manager At: C2/55A, Yamuna Vihar, Delhi-53.	Opposite Party

 

	DATE OF INSTITUTION:	10.09.2015
	DATE OF DECISION      :	20.09.2016

 

 

Hon’ble President Sh. N.K. Sharma

Hon’ble Member Sh. N.A. Alvi

Hon’ble Member Ms. Usha Khanna

 

ORDER

1. As per complaint complainant an account holder of OP on 31.7.2015, at about 6 to 7 P.M., went to ATM of OP situated at B-3 Market, Yamuna Vihar, Delhi-53 and tried to withdraw Rs. 10,000/- through ATM, issued by OP. but no cash came out. Again for an amount of Rs. 15,000/- complainant inserted his ATM card in said ATM but that amount too could not come out. But complainant received a SMS on his mobile for these transactions.
2. Immediately complaint was made to customer care of OP bank where customer care officer assured the complainant that his money shall be refunded within 24 hours, in his account. Next morning on contact, officer of customer care of OP provided complaint Numbers as A015360692 for Rs. 10,000/- and A015360665 for Rs. 15,000/- assuring that the money shall be refunded within 7 days.
3. After 7 days on non receipt of money again complainant contacted customer care of OP where it was informed that refunding process is going on and it will take some time to refund money. On 23.8.2015 written complaint was lodged with OP where its Manager again assured complainant to refund money.
4. After passing some more time when complainant again visited OP, Bank Manager there told the complainant that his complaint has been rejected and gave no explanation for rejection of the same. Finding no option another written complaint was made by the complainant to the Regional Director Reserve Bank of India dated 2.9.2016, copy whereof was also sent to the Manager of OP at Yamuna Vihar Branch and SHO Police Station, Yamuna Vihar, Delhi. But till date no action has been taken. Pleading unfair trade practice and harassment by the OP by its deficient service complainant has prayed for refund of Rs. 25,000/- with compensation in a sum of Rs. 25,000/- and Rs. 5,500/- as litigation cost.
5. OP by filing its reply denied that there is deficiency on its part, stating that the disputed amount of Rs. 25,000/-  has already been credited in the account of complainant on 5.10.2015. Hence, complainant is not entitled for compensation and litigation cost.
6. In rejoinder, to the reply of OP, complainant denying the contents of the reply reiterated his complaint admitting the refund of Rs. 25,000/- on 5.10.2015.
7. Both the parties filed their respective affidavits of evidence alongwith relevant documents in support of their respective contentions.
8. Heard and perused the record.
9. Admittedly the amount in question has already been credited in the account of complainant. Only question to decide remains as to whether OP is liable to pay compensation for the delay or not. As per OP there is no deficiency on its part as they have immediately sent e-mail to ATM Complaint Redressal Cell and done further follow-up by sending e-mail dated 7.9.2015 leading to credit in the account of the complainant on 5.10.2015 of disputed amount with interest thereon.
10.  Record show that as per its own statement OP has sent     e-mail to the ATM Complaint Redressal cell first time on 28.8.2015 and another e-mail on 7.9.2015 and the account was credited on 5.10.2015. As per RBI Circular No. RBI/2010/11/547 dated May 27, 2011 the time limit for resolution of customer complaint is seven days and in case the amount is not re-credited in customer account within seven days from the receipt of complaint the Bank shall be liable to pay compensation of Rs. 100/- per day. The only condition is that customer has lodged his claim within 30 days after transaction. As per circular all these responsibilities are of issuing bank. Complaint is also to be made to issuing bank only.
11.  In the present case complainant made complaint to the issuing bank, immediately after failure of transaction, without any delay within 30 days which is not specifically denied by OP. Regarding follow-up it was on 28.8.2015 that the issuing bank sent first e-mail to the ATM Complaint Redressal Cell while the complaint had to be disposed off within 7 days i.e. latest by 8.8.2015 and even thereafter the amount was re-credited in complainants account on 5.10.2015 more than a month after this e-mail that too without interest as denied.
12.  On the basis of above said findings it is established that though the amount in dispute has been re-credited in the account of complainant but after a delay about 66 days for which OP is liable to pay compensation @ of Rs. 100/- per day as per RBI Circular. Thus, holding OP guilty for deficiency in service and harassing the complainant, we direct OP to pay to the complainant:-

1. An amount of Rs. 6600/- with immediate effect after receipt of this order.
2. An amount of Rs. 5500/- as litigation cost.
3. This order shall be complied within 30 days from the receipt of this order.

9.        Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

10.      File be consigned to record room.

(Announced on 20.09.2016)     

 

(N.K. Sharma) President

(Nishat Ahmad Alvi) Member

(Usha Khanna) Member