Delhi

East Delhi

CC/802/2015

PURVA JAIN - Complainant(s)

Versus

SBI KRISHNA - Opp.Party(s)

28 Oct 2016

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.        802/2015

                                                                                                  Date of Institution      -       13/10/2015

                                                                                                  Order Reserved on     -       28/10/2016

                                                                                                  Date of Order         -            02/11/2016  

                                                                                                        

In matter of

Ms Purva Jain, adult   

D/o Sh Suresh Kumar Jain

R/o-B-33, Gali no. 2,

East Azad Nagar, Delhi 110051……………....………..…………….Complainant

                                                                   

                                                                         Vs

The Branch Manager

State Bank of India, Krishna Nagar Branch

Krishna Nagar, Delhi 110051……….………………………………….Respondent

 

Complainant                                      In Person

Opponent………………………………… Ex Parte 

 

Quorum          Sh Sukhdev Singh -   President

                         Dr P N Tiwari -            Member                                                                                                   

                         Mrs Harpreet Kaur -   Member

 

Order by Dr P N Tiwari  Member 

 

Brief Facts of the case                                                                                                

Complainant tried to withdraw a sum of Rs 10,000/- from OP’s ATM on dated 01/05/2015 at about 6.30pm. It was alleged that soon after the withdrawal formalities were completed, she did not get the money, but received massage about debit of a sum of Rs 10,000/- from her account marked as CW1/1. She lodged a complaint in the register kept in that ATM marked here as CW1/2. Thereafter, she gave a complaint at PS Krishna Nagar on 12/05/2015 for getting a copy of FIR for bank formalities. She had also lodged a complaint at Grievance cell at Sardar Patel Bhawan, New Delhi vide annexure CW1/4 on 28/05/2015.She sent many emails to OP bank and at ICICI bank as she had debit card from ICICI bank. Sha had also lodged complaint at CIC marked as CcccW1/5 to 10. She had also sent a legal notice to OP on dated 04/09/2015 marked as CW1/11 for getting CCTV footages from OP. When she did not get any reply, filed this complaint claiming crediting of Rs 10,000/- from OP in her account and a sum of Rs 50,000/- as compensation and Rs 22,000/- as litigation charges.  

Notice was served but none appeared from OP and not submitted written statement. Despite of giving ample opportunities to OP, when they failed to put their appearance, case proceeded Ex Parte. Complainant submitted evidences on affidavit and was on record. Arguments heard and order was reserved.

We perused the facts and evidences submitted by complainant which were on record, it was clear that complainant made attempt to withdraw money, but money did not receive. By perusing the evidence of transaction, it showed that transaction was successful with triple zero code.

Complainant had not mentioned her card no. and bank account’s detail of the bank from she had taken debit card. Also there had no reference of her saving account details for record as to see the use of transaction through ATM by complainant.

By observing the complaint given to police after over ten days, no FIR was registered as demanded by OP bank. It was observed that all ATM transactions, ATM issues cash withdrawal receipt. Here CW1/1, code triple zero present. Hence, transaction was successful.  So, we are of the opinion that complainant had not mentioned all true and correct facts in her complaint.

 

There by this complaint has no merit and deserve to be dismissed, so dismissed without cost.

 

The copy of this order be sent to the parties as per rules and file be consigned to the record room.

 

Mrs Harpreet Kaur - Member                                             (Dr) P N Tiwari - Member                                                      

 

                                       

                                          Shri Sukhdev Singh - President