DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No. 221 of 09-05-2012
Decided on 20-09-2012
Sukhdev Singh aged about 26 years s/o Babu Singh, r/o Village Malkana, Tehsil Talwandi Sabo, Distt.Bathinda.
........Complainant
Versus
Punjab National Bank, Arya Samaj Chowk, Bathinda through its Branch Manager.
Oriental Bank of Commerce, Bank Bazar, Bathinda through its Branch Manager.
Reserve Bank of India, General Manager (Department of Banking Supervision, Chandigarh.( Deleted)
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh. Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh.Sarabjit Singh, counsel for the complainant.
For Opposite parties: Sh.Rajneesh Rampal, counsel for opposite party No.2.
Sh.R.N Jain, counsel for opposite party No.1.
Opposite party No.3 already deleted.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant is having an account No. 1813000102040271 and an ATM Card No.5126520031218241 issued by the opposite party No.1. On 25.1.2009, in order to withdraw a sum of Rs.5017/-, the complainant used the said ATM Card in the ATM Machine installed in Oriental Bank of Commerce, Bank Bazar, Bathinda but the said amount was not disbursed to him although the slip crediting the said amount from his account came out of the said ATM Machine and then he again operated the said ATM Card and withdraw the amount of Rs.5017/- on the same day in order to meet his necessity and the amount of Rs.5017/- was credited in his account twice though he received the amount only once. The complainant reported the matter to the official of the opposite party No.2 and lodged the complaint regarding the same to the opposite party No.1 and they had assured the complainant that the said amount shall be debited in his account within a few days but the amount could not be disbursed to the complainant due to technical problem in system. Thereafter, the complainant has been continuously visiting the office of the opposite party No.1 with a request to debit the amount of Rs.5017/- in his account but to no effect rather the opposite parties have been putting the matter off under one or the other false pretext. The complainant has also lodged the complaint vide No.18408072 on 3.8.2009 at Delhi ATM Cell on telephone but till date the said amount of Rs.5017/- has not been debited in his account. Thereafter, the complainant has approached the opposite party No.1 with a request to debit the amount in question in his account but they did not pay any heed to his requests and he sent a registered legal notice to the opposite parties and the opposite party has given a fake reply and said that ATM card No. 5126520031218241 was not used. Hence the complainant has filed the present complaint for seeking the directions to the opposite parties to pay Rs.5017/- alongwith interest till the date of payment from 25.1.2009 alongwith cost and compensation.
2. The notice was issued to the opposite parties. The opposite party No.1 after appearing before this forum has filed its written statement and pleaded that the complainant has given wrong ATM number in the complaint, the ATM number is 5126520010905532. On 25.1.2009 the complainant by using the ATM Card through ATM Machine of the opposite party No.2 withdrew Rs.5017/- twice at the same time and at both the time the amount of Rs.5017/- was disbursed by the ATM Machine and account of the complainant was accordingly debited for Rs.5017/-each i.e. for first and second transaction. The opposite party No.1 denied that at the time of first transaction the ATM Machine did not disburse the amount of Rs.5017/- and the said amount was disbursed by the ATM at second attempt. The opposite party No.1 also denied that the complainant ever lodged any complaint with them with regard to any wrong transaction. The complainant has not mentioned the date or time when he made any alleged complaint to the opposite party No.1. The opposite party No.1 denied that the complainant ever visited their office and he made any request to credit his account for Rs.5017/-. The transactions for withdrawal of Rs.5017/- twice were made by the complainant on 25.1.2009, which according to the complainant, resulted in withdrawal of Rs.5017/- only once. In every ATM machine room, CCTV cameras are installed and the footages thereof are preserved for a shot time. The complainant had made the alleged complaint within the said period, the opposite party Nos.1 and 2 might have checked the footages of the relevant date and time and if there was anything wrong, then the matter would have been solved in a positive side, but since he made the complaint for the first time on 3.8.2009 and by that time the footages of 25.1.2009 were deleted automatically and there remained no clue with the opposite parties Nos.1 and 2 to check out any mistake of the said ATM. The opposite party No.1 further pleaded that the complainant has been withdrawing the amount from his account by using his said ATM Card even after 25.1.2009 continuously and the withdrawals ranged from Rs.100/- onwards. Had there been any wrong entry of withdrawal, the complainant might have lodged the complaint in writing. The complaint lodged by the complainant was disposed of on 25.11.2009 itself and thereafter the complainant never approached the opposite party No.1 with regard to any complaint. No notice had been received by the opposite party No.1 from the complainant and no reply was given by the opposite party No.1.
3. The opposite party No.2 after appearing before this forum has filed its written statement and pleaded that there is ATM Machine installed in the Bank Bazar Branch of the Oriental Bank of Commerce but the complainant did not use any ATM Card No.5126520031218241 in the said ATM Machine of the opposite party No.2. On the said date, only one ATM Card of PNB was used in the ATM Machine installed in the said ATM Machine which was bearing different ATM number. The complainant has no cause of action to file the present complaint. The complainant also got issued a legal notice issued upon the opposite party through his counsel and the same was duly replied by the opposite party through his counsel on 6.4.2012.
4. The opposite party No.3 is deleted on the statement suffered by the counsel of the complainant on dated 18.7.2012 vide order dated 18.7.2012 from the array of the opposite parties.
5. The parties have led their evidence in support of their respective pleadings.
6. Arguments heard. The record alongwith written submissions submitted by the parties perused.
7. The contention of the complainant is that on 25.1.2009, he has used his ATM Card No. 5126520031218241 in the ATM Machine installed in Oriental Bank of Commerce, Bank Bazar, Bathinda for the withdrawal of Rs.5017/-, but the amount was not withdrawn and the slip crediting the amount of Rs.5017/- from his account came out of the said ATM Machine and he again operated the said ATM Card and try to withdraw the amount of Rs.5017/- again on the same day and he received the amount of Rs.5017/- but the entries of withdrawal has been shown twice, whereas he has received the amount only once. The complainant lodged the complaint regarding the same to the opposite party No.1 and he was assured by them that the said amount shall be debited in his account within a few days but the said amount could not be disbursed to him due to technical problem in system. The complainant has also lodged the complaint vide No.18408072 on 3.8.2009 at Delhi ATM Cell on telephone but till date the said amount of Rs.5017/- has not been credited in his account. A legal notice was sent to the opposite party No.2. In reply to the legal notice the opposite party No.2 replied that the said ATM Card No. 5126520031218241 was not used by the complainant for the withdrawal of Rs.5017/-
8. The submissions of the opposite parties are that the complainant has mentioned the wrong ATM number in his complaint, whereas his ATM number is 5126520010905532. On 25.1.2009 the complainant used the ATM Card through ATM Machine of the opposite party No.2 and withdrew Rs.5017/- twice at the same time and both the time the amount of Rs.5017/- was disbursed by the ATM Machine and his account was accordingly debited for Rs.5017/-each for first and second transaction. The opposite party No.1 has denied that the complainant ever lodged any complaint with them with regard to any wrong transaction as both the transactions for withdrawal of Rs.5017/- twice were made by the complainant on 25.1.2009. The opposite parties further submitted that in every ATM machine room, CCTV cameras are installed and the footages thereof are preserved for a shot time. The complainant alleged that he had complained within that period, if he would have complained within that period the opposite party Nos.1 and 2 might have checked the footages of the relevant date and time and if found anything wrong, then the matter would have been solved in a positive manner, but the complainant has filed the complaint for the first time on 3.8.2009 and by that time the footages of 25.1.2009 were deleted automatically. The complainant has been using the said ATM Card since 25.1.2009 continuously and made the withdrawals ranged from Rs.100/- onwards. If this was the case of the complainant, he might have lodged the complaint with the opposite parties earlier.
9. A perusal of record placed on file shows that the complainant has used the said ATM Machine twice on 25.1.2009. In the complaint the complainant has given the wrong number of his ATM Card No.5126520031218241, whereas he has used the ATM Card bearing No. 5126520010905532. There is no contention of the complainant that he is having two ATM Cards. In his complaint, affidavit as well as in legal notice, he has mentioned the ATM Card No. 5126520031218241 but he had made the transactions from ATM Card No. 5126520010905532. As per Ex.R6, the transactions were made on 25.1.2009 at 14:42 minutes and he has withdrawn the amount of Rs.5000/-, again he has made the transaction on 25.1.2009 at 14:44 minutes and has withdrawn the amount of Rs.5000/- again, meaning thereby he has made the two transactions on the same day with the difference of 2 minutes. The transactions done at 14:42 minutes, after the withdrawal of the amount of Rs.5000/-, the balance amount shown as Rs.22003/-, whereas after the transaction made at 14:44 minutes, the balance was shown as 16986/-. Both the transactions have been done by the complainant on the same day and both the amounts have been duly paid to him. Ex.C7 the account statement dated 4.7.2012 also shows the two transactions. A perusal of account statements shows that after 25.1.2009, the complainant has been using his ATM Card continuously and has been withdrawing various amounts continuously, if this was his case that on 25.1.2009, he has made two transactions, one transaction was failed and the payment was made only once then why the complainant remained mum for such long period as he has lodged the complaint with the opposite parties after the lapse of more than 6 months. The complainant has lodged the complaint for the first time on 3.8.2009 before that there is no evidence for lodging any complaint with the opposite parties which shows that he has never complained to the opposite parties before 3.8.2009. Thus this complaint is false and the complainant has miserably fails to prove his case with cogent and convincing evidence. Hence this complaint fails and is hereby dismissed without any order as to cost.
10. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
20-09-2012
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur)
Member
