Delhi

North East

CC/30/2019

Yunish Khan - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

28 Aug 2020

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. 30/19

 

In the matter of:

	Shri Yunish Khan S/o Shabir Khan R/o:- H.NO. 1/3942, Loni Road Bhagwan Pur Khera, Shahdara North East, Delhi-110032	Complainant
	Versus
	Punjab National Bank G-6, Mehrauli, Hauz Khas New Delhi-110016	Opposite Party

 

DATE OF INSTITUTION:      JUDGMENT RESERVED ON:               DATE OF DECISION      :

12.03.2019 28.08.2020 28.08.2020

 

Mr. Arun Kumar Arya, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1.  The case of the complainant is that he is an account holder of OP having savings bank account therewith bearing No. 3093001300000290 and was also issued an ATM cum Debit card bearing no. 512XXXXXXXXXX853 in his name by OP. On 05.04.2017, the complainant had sent his younger brother alongwith the ATM card to withdraw some money from OP’s ATM machine located at Mandoli road Shahdara Delhi-110032. The brother of complainant made two withdrawals of Rs. 1000/- and Rs. 5,000/- from the said ATM around 7:30 PM on the said date. However, on the same date, later when the complainant’s brother tried to withdraw a sum of Rs. 10,000/- from the said ATM, despite going through the standard process, the ATM machine of OP neither dispensed any money nor any slip came out therefrom. However, on taking out the mini statement from the said ATM machine of OP around 8:43 PM, complainant’s brother noticed that the last transaction of Rs. 10,000/-, though unsuccessful, yet the said amount was debited from complainant’s account and also featured on the passbook updation. The complainant lodged a complaint regarding the same on the customer care helpline no. of OP vide complaint no. A049351544 and was informed that the said amount would be credited back in his account within two weeks but no reversal came forth even till 18.04.2017 on which date when the complainant spoke to the representative of OP on its helpline no., he was informed about rejection of his complaint. The complainant lodged a written complaint with OP on 19.04.2017 praying for early remittance of the wrongly deducted sum from his account and redressal of his said grievance. The complainant also lodged a police complaint against OP with SHO PS Mansarovar Park Shahdara Delhi on 21.04.2017 vide DD no. 37B for taking action against OP but to no avail. Several email correspondences were exchanged between complainant and OP between June 2017 to February 2018 in which period the complainant also lodged a complaint with Banking Ombudsman against OP vide complaint no. 201718014009044 in December 2017 but no resolution was provided by any of the agencies which the complainant has alleged are in collusion / conspiracy with each other. The complainant also got issued a legal notice dated 25.02.2018 through his counsel to the OP demanding refund of Rs. 10,000/- in his account and also for providing CCTV footage as asked for by the concerned PS from OP in application dated 21.04.2017. Since the OP fail to act upon all such request and notices, the complainant as a last resort, alleging deficiency of service and unfair trade practice on part of OP was constrained to file the present complaint against the OP praying for issuant of direction them to remit back  Rs. 10,000/- in his account held with OP and also to pay compensation of Rs. 3,00,000/- for mental agony, financial loss and litigation expenses
2. Complainant has attached copy of mini statement / ATM slip generated from OP bank on 05.04.2017 at 20:43 hrs highlighting the three ATM withdrawal no. 9122, 9123 and 9126 of Rs. 1,000/-, Rs. 5,000/- and Rs. 10,000/- respectively with the last one as disputed and subject matter of complaint, copy of passbook entry highlighting the disputed transaction dated 05.04.2017 of Rs. 10,000/-, copy of complaint dated 19.04.2017 lodged by complainant with OP, copy of police complaint dated 21.04.2017 with PS Mansorovar Park, Delhi, copy of  application dated 21.04.2017 by ASI posted with PS Mansarovar Park Delhi to OP asking for CCTV footage of 05.04.2017 of time 7:30 PM, copy of emails exchanged between complainant and OP between June 2017 to February 2018 alongwith u/s 65B of Indian Evidence Act, copy of complaint lodged against with OP with Banking Ombudsman and copy of legal notice dated 25.02.2018 by complainant’s counsel to OP.
3. Notice was issued to OP on 16.04.2019. OP entered appearance through bank Manager on 30.05.2019 and apprised this Forum that the complainant had wrongly arraigned the OP in terms of the address given as Loni Road Shahdara whereas the matter pertains to OP’s Hauz khas New Delhi Branch. The complainant accordingly as per direction of this Forum filed fresh memo of parties in September 2019 and notice was issued to the new address of OP which was served on 26.09.2019. However, OP failed to appear and was therefore proceeded against ex-parte vide order dated 19.11.2019.
4.  Complainant filed ex-parte evidence and written arguments on 09.01.2020 and 05.03.2020 respectively reiterating his grievance made in his complaint.
5. We have heard the arguments addressed by the complainant through video conferencing and have carefully perused the case file and material documents placed on record therewith.

The debit of Rs. 10,000/- is clearly established from the passbook entry of the complainant vide account held with OP. The complainant had made sincere efforts by way of lodging prompt complaint with OP as well as with the concerned police station on directions of OP. Even the concerned police station vide application dated 21.04.2017 to OP asked for CCTV footage for the disputed transaction allegedly made on 05.04.2017.OP cannot shirk its responsibility and duty towards its customer but it failed to place on record any switch report, no excess cash certificate, JP Log / E- Journal which in such cases are mandatorily required and recognised/ admissible defence for the bank in disputed ATM transaction cases. No documentary evidence has been filed by OP in the present case in sheer act of callousness and irresponsibility towards the complainant. OP failed to put forth its defence of non-provision / non availability of CCTV footage which also goes against it and contravenes the guidelines of RBI in this regard which the OP was bound to follow qua its customer.

6. We therefore find OP deficient in service in having failed to address the problem of the complainant. We therefore find merit in the case of complainant and give him benefit of doubt in the absence of rebuttal by OP due to its non-appearance in the matter and accordingly direct the OP to refund / remit the wrongful debit of Rs. 10,000/- back to the account of the complainant held with OP.

We further award a sum of Rs. 3,000/- as compensation for mental pain and agony and harassment suffered by the complainant inclusive of litigation charges payable by OP to complainant. Let the order be complied with by OP within 30 days from the date of receipt of copy of this order.

7.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8.  File be consigned to record room.
9.  Announced on  28.08.2020.

 

(Arun Kumar Arya)     President

(Sonica Mehrotra)  Member