Haryana

Ambala

CC/212/2013

MASANJAR PARMAR - Complainant(s)

Versus

SBI - Opp.Party(s)

ASHUTOSH AGGARWAL

10 May 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

Complaint Case No.:212 of 2013

Date of Institution  : 27.08.2013

Date of decision     :  10.05.2016

 

Masanjar Parmar  s/o Sh. O.S. Parmar, R/o D-9, Old Sessions Court Complex, Ambala City.

                                                                                                                                                                            ……Complainant

                                                                                                                 Versus

1.         State Bank of India, Court Road, Ambala City through its Manager.

2.         State Bank of India, Customer Service Department, Corporate Centre 4-D, Madam Kama Marg, Mumbai, through its Manager/Nodal Officer.

3.         Oriental Bank of Commerce, Sector-12, Mini Secretariat, Karnal through its Manager.

                                                                                                ……Opposite Parties

 

Complaint Under Section 12 of the Consumer Protection Act.

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPINDER KUMAR, MEMBER.                       

Present:           Sh. Ashutosh Aggarwal, Adv. counsel for complainant.

                        Ops exparte.

ORDER.

                        Brief facts of the present complaint are that complainant  is having Bank Account No. 10487983172 with OP No.1,  where in the month of January 2013, he came to know that Rs.10,000/- were debited from  his account through ATM with TXN No.5594 of Oriental bank of Commerce, Karnal on dated 25.03.2012  whereas not even a single transaction was made by the complainant on that  very day from anywhere including Karnal.  So, the complainant made  complaints to Governor RBI, Regional Manager SBI, Branch Manager SBI, Ambala, DCP (Police), Ambala, S.P. Karnal and Manager, OBC Karnal in the matter. Complainant also requested OP No.1 to provide video footage of 25.03.2012 of the ATM Machine of OP No.3 installed at Karnal.  It has been further contended that in response to the complaint  made by complainant, RBI issued a letter dated 25.03.2013 to OP No.2, with a copy to complainant whereby  the OP No.2 was asked to take quick action to redress the grievance of complainant. Complainant has further contended that he exhausted all the channels but of no avail and thus having no alternative, he preferred the present complaint as the Ops are guilty of providing deficient services & committing  unfair trade practice with the complainant.

2.                     Upon notice, Ops No.1 & 2 did not bother to appear before the Forum despite service through registered post and as such, they were proceeded against exparte vide order dated 14.10.2013 whereas OP No.3 appeared through counsel and tendered written statement raising preliminary objections qua non-maintainability of complaint, suppression of material facts and jurisdiction etc.  On merits, it has been urged that  complainant has neither mentioned the exact location, date and time of alleged transaction without which it is not possible for the OP No.3 to collect the exact particulars of the matter. Further, OP No.3 is having no ATM counter at Sector-12, Mini Sectt., Karnal.  Rest of the contents of complaint have been denied and prayed for dismissal of complaint  with costs.  However, during the proceedings of the case, Op No.3 did not bother to appear & contest the matter and thus he was also proceeded against exparte vide order dated 26.08.2015.

3.                     To prove his contention, counsel for complainant tendered in evidence affidavit of complainant as Annexure CX alongwith documents as Annexures C-1 to C-14  and closed the evidence. Copy of bank account  Pass book is Anneuxre C-1,  Copy of complaint made to OP No.1 and others is Annexure C-2,  postal receipts are Anneuxres C-3 to  C-9 & C-13, copy of letter issued by RBI to complainant is Annexure C-10, Copy of letter  issued by ASP(U/T) officiating as SHO P.S. Taraori seeking information from complainant  and  e-mail thereof are Annexures C-11 & C-12 &  copy of letter sent by complainant to ASP(U/T) officiating as SHO is Annexure C-14.

4.                     Heard, record perused.  From the documents placed on record,  it is admitted fact on record that an amount of Rs.10,000/- has been withdrawn from the account of complainant  and harassed by said incident, complainant has approached from pillar to post for recovery of said amount but no result came inspite of the Bank Governing Body  i.e. Reserve Bank of India has directed the Op No.2 to look into the matter and  dispose of the grievance of complainant within thirty days but none of the Ops has taken effective initiative to solve out the matter. Further the version put-forth by the OP No.3 that complainant has neither mentioned the exact location, date and time of alleged transaction without which it is not possible for the OP No.3 to collect the exact particulars of the matter is not tenable since it was the duty of the Ops to know true facts from all available sources to the effect that who has withdrawn /grabbed the money but no such efforts has been made by them rather Ops no.1 & 2 did not  bother  to appear before the Forum whereas OP No.3 after filing reply did not bother to contest the matter and thus we have no option except to believe the version of complainant. Hence, we are of the confirmed view that the Ops No.1 & 2 are negligent & deficient in providing proper services to the complainant. Accordingly, we hold that the Ops No.1 & 2 are guilty of gross negligence, deficiency in service as well as unfair trade practice and thus  the present complaint is accepted and Ops No.1 & 2 are directed to comply with the following directions within 30 days from the communication of this order:-

1. To refund a sum of Rs.10,000/- to the complainant alongwith simple interest @ 9% per annum from the date of filing of complaint  to till date.
2. Also to pay a sum of Rs.5000/- to the complainant as compensation for harassment and litigation expenses etc.

                        Further the award in question/directions issued above must be complied with by the OPs No.1 & 2 within the stipulated period failing which all the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default. So, the complaint is decided in above terms. Copies of this order be sent to the parties concerned free of costs. File be consigned to the record room after due compliance. 

ANNOUNCED:10.05.2016                                                                           

                                                                                                                         Sd/-        

                                                                                                          (A.K. SARDANA)

                                                                                                                    PRESIDENT     

 

                                                                                                            

                                                                                                                        Sd

                                                                                                (PUSHPENDER KUMAR)

                                                                                                                        MEMBER