Delhi

North East

RBT/CC/161/2024

SMT. SUNITA CHATURVEDI - Complainant(s)

Versus

PUNJAB NATIONAL BANK - Opp.Party(s)

06 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

RBT/Complaint Case No. 161/24

 

 

In the matter of:

 

	Smt. Sunita Chaturvedi W/o Sh. Kailash Nath Chaturvedi R/o 115, Defence Enclave Preet Vihar, New Delhi 110092	Complainant
	Versus
	Punjab National Bank (Oriental Bank of Commerce earlier now merged) F 21, Block F, Preet Vihar, New Delhi, Delhi 110092	Opposite Party

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:  DATE OF ORDER:

17.10.23 07.08.24 06.11.24

 

CORAM:

Surinder Kumar Sharma, President

Ms. Adarsh Nain, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

1. The facts of the case as revealed from the record are that the Complainant had an account bearing no. SB 12002151002143 with the Opposite Party bank. The Complainant was having ATM card issued by the Opposite Party and the same had been surrendered by Complainant long back and never used by her before surrender. On 18.06.22 the account of Complainant was debited to the tune of   Rs. 30,880/- by using ATM card of the Complainant, by some person which has been surrendered long back. The transaction in question were eight in number ranging from Rs. 3,000/- to Rs. 5,880/-.  Immediately, the Complainant made written complaint to the manager of the Opposite Party bank and highlighting the fraud committed on her by use of ATM by some person to the tune of Rs. 30,880/-. The Complainant requested the bank manager to freeze the said account and credit her account to the tune of Rs. 30,880/-. As the bank did not take any action, the Complainant again approached the Opposite Party bank and written a letter dated 30.06.22 making reference of the earlier complaint and requested to credit the account of the Complainant.  The Complainant getting no relief from the bank on the two complaints thereafter Complainant filed a complaint before Ombudsman Banking Reserve Bank of India on 25.07.22 and the facts leading to the complaint have enumerated there and it was mentioned that on the request of the bank the Complainant filled up the form for making claim of the fraudulent withdrawal of the amount from her bank account when the ATM was within the custody of the bank on being surrendered by the Complainant.  The Complainant also filed complaint with the Cyber Crime but yielded no results.  The Opposite Party bank credited Rs. 13,000/- in the account of the Complainant from 16.09.22 to 30.09.22. Thereafter, no credit has been made in the account of the Complainant. On 14.11.22 after two months the Complainant again the Opposite Party bank and gave details facts leading to the fraud and credit of Rs. 13,000/- in the account of the Complainant but the Opposite Party did not take any action and verbally informed the Complainant that they could not do anything.  The Complainant again approached Ombudsman Banking Reserve Bank of India letter dated 26.04.23 but the Complainant did not receive any reply till date.  Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed for the refund of remaining amount of Rs. 17,880/- in the account of the Complainant and for Rs. 50,000/- towards metal harassment.
2. Opposite Party was served on 13.12.23.  Despite service none has appeared on behalf of the Opposite Party. The Complainant in support of her case filed her affidavit wherein she has supported the assertions made in the complaint.
3. We have heard the Complainant in person. We have also perused the file and the written arguments filed by the Complainant.
4. The case of the Complainant is that she was having one ATM card issued by the Oriental Bank of Commerce (Now Punjab National Bank). Her case is that she had surrendered the said card to the bank and despite surrendering her card with the bank an amount of Rs. 30,880/- was withdrawn by someone by using her ATM card. Her case is that she approached the bank in this regard and banking ombudsman as well but nothing was done except credit of an amount of         Rs. 13,000/- in her bank account.
5. Now, the question is that whether the Complainant had surrendered her ATM card with the bank. In this regard, the Complainant has not even mentioned the date when she had surrendered her ATM card with the bank. Nor it is disclosed to whom it was surrendered. Further it is important to note that the Complainant has not filed any document/proof to show that she had surrendered her ATM card with the bank. Therefore, under these circumstances, the version of the Complainant cannot be believed that she has surrendered her ATM card with the bank.
6. In view of the above discussion, we do not see any merit in the complaint. The complaint is dismissed.   
7. Order announced on 06.11.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Adarsh Nain)           Member

(Surinder Kumar Sharma) President