Delhi

North East

CC/145/2017

Sunil Kumar - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

29 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No. 145/17

 

 

 

In the matter of:

 

	Sh. Sunil Kumar S/o Sh. Radha Krishan Sharma R/o H.No. C-1,740, Street No. 26, Harsh Vihar, Delhi-110093	Complainant
	Versus
1.         2.	Punjab National Bank Branch-K.K-9, B-Block, Shopping Complex, Dilshad Garden, Delhi-110095   State Bank of India Nand Nagri Market Nand Nagri,Delhi-110093	Opposite Parties

 

 

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

24.04.17 22.11.22 29.03.23

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant is having an account no. 3927000100131173 with Opposite Party No.1 bank. The Complainant stated that 19.02.17 at 5:30 p.m. he used his ATM for  withdrawal of  Rs. 10,000/- from ATM of Opposite Party No.2 bank and filled all his requisite information for transaction but the cash was not dispensed by the ATM machine and Complainant received message at 5:43 p.m. that Rs. 10,020/- has been withdrawn from his account. The Complainant stated that on 20.02.17 Complainant lodged complaint with customer care of Opposite Party No.1 bank vide complaint no. A046252656 and official of customer care informed him that his transaction is successful and some other person has collected the money and requested to lodge complaint with bank. On 08.03.17 Complainant visited the Opposite Party No.1 bank and lodged a written complaint and requested for providing cctv footage but manager of Opposite Party No.1 bank told him that they had mailed for cctv footage and no reply was received regarding cctv footage. The Complainant stated that he visited the Opposite Party bank for last 2 months but had not received the cctv footage. He had also met with manager of Opposite Party No.2 bank and he had told him that he had given the cctv footage to camera vendor and they cannot do anything regarding this. The Complainant stated that he had talked to manager of Opposite Party No.1 bank, he had told him that they had mailed about cctv and they cannot do anything more regarding this. Hence, this shows deficiency on the part of Opposite Parties. He has prayed for Rs. 10,000/- as withdrawal amount and Rs. 20,000/- towards mental harassment. He has also prayed for Rs. 15,000/- as litigation expenses.
2.  None has appeared on behalf of Opposite Party No.2 to contest the case. Therefore, Opposite Party No.2 was proceeded against Ex-parte vide order dated 20.07.17.

Case of the Opposite Party No.1

3. The Opposite Party No.1 contested the case and filed written statement. It is stated by the Opposite Party No.1 that the Complainant have an account vide account no. 3927000100131173 with PNB, Dilshad Garden Branch, Delhi. It is submitted that the complaint which was lodge by the Complainant on 17.03.17 with Opposite Party No.1 has taken immediate action and asked SBI regarding the factual position of alleged transaction of dated 19.02.17. That Opposite Party No.2 has informed the Opposite Party No.1 about the alleged transaction was successful transaction and same information was accordingly conveyed to the Complainant.
4. It is also submitted that Opposite Party No.1 had dropped the mailed to the Opposite Party No.2 for asking the video footage as on request of the Complainant on 17.04.17 of ATM transaction particular date of incident as alleged by the Complainant in his complaint.
5. It is further submitted that the transaction with ATM executed by the Complainant on dated 19.02.17 in the ATM of Opposite Party No.2 as alleged by the Complainant, had lodge written complaint on dated 17.03.17 with Opposite Party No.1 after lapse 27 days after the date of incidents. Accordingly, Opposite Party No.1 has dropped the request of cctv footage of date of incident i.e. 19.02.17 to Opposite Party No.2 but still Opposite Party No.2 not provided the requisite cctv footage & relevant documents about the successful transaction, to the Opposite Party No.1.

Rejoinder to the written statement of Opposite Party No.1

6. The Complainant filed rejoinder to the written statement of Opposite Party No.1 wherein the Complainant has denied the pleas raised by the Opposite Party No.1 and has reiterated the assertion made in the complaint.

Evidence of the Complainant

7. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party No.1

8. In order to prove its case Opposite Party No.1 has filed affidavit of Shri Jai Bhagwan, Dy. Manager in Opposite Party No.1, wherein the averments made in the written statement of Opposite Party No.1 have been supported.

Arguments & Conclusion

9. We have heard the Complainant and Ld. Counsel for the Opposite Party No.1. We have also perused the file and the written arguments filed by Complainant and Opposite Party No1. The case of the Complainant is that he is having an account with Opposite Party No.1. He used his ATM card for withdrawal of Rs. 10,000/- in the ATM machine of Opposite Party No.2 on 19.02.17. While using is ATM card in the ATM machine of Opposite Party No.2, his account was debited for Rs. 10,020/- but the cash was not dispensed by the ATM machine. Complainant lodged complaint with Opposite Party No.1, on the complaint of Complainant, Opposite Party No.1 told him that transaction was successful and advised him to lodged written complaint with the Opposite Party No.1. Complainant file complaint with Opposite Party No.1 and requested for providing cctv footage. On his complaint, Opposite Party No.1 informed him that they have taken up the matter with Opposite Party No.2 regarding cctv footage but they have not received any reply from the Opposite Party No.2. The Complainant stated that he had taken up the matter with Opposite Party No. 1 and 2 regarding non dispensation of Rs. 10,000/- by the ATM machine and requested them to provide cctv footage, same was not provided to him. Hence, there is deficiency on the part of Opposite Parties. 
10.  The case of the Opposite Party No.1 is that the Complainant is having account  with them and he filed complaint with them regarding non dispensation of Rs. 10,000/- from ATM machine of Opposite Party No.2. Opposite Party No.1 had taken immediate action and asked Opposite Party No.2 regarding factual position of alleged transaction of dated 19.02.17 and Opposite Party No.2 has informed the Opposite Party No.1 that the alleged transaction was successful transaction and same information was accordingly conveyed to the Complainant. It is also the case of the Opposite Party No.1 is that the request of the Complainant for providing cctv footage was taken up with the Opposite Party No.2 but Opposite Party No.2 did not provide requisite cctv footage and relevant documents about successful transaction to the Opposite Party No.1. Hence, there is no deficiency on their part.
11. It is clear from the above facts that Opposite Party No.2 failed to provide requisite cctv footage and relevant documents about dispensation of Rs. 10,000/- from the ATM machine. Hence, there is deficiency of service on the part of Opposite Party No.2.
12. In view of the above discussion, the complaint is allowed. Opposite Party No.2 is directed to pay the amount in question i.e. Rs. 10,000/- to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party No.2 is further directed to pay Rs. 10,000/- to the Complainant on account of mental harassment and litigation expense with interest @ 6 % p.a. from the date of this order till recovery.
13. Order announced on 29.03.23.

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

File be consigned to Record Room. 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President