Per Hon’ble Mr.Narendra Kawde, Member
This appeal takes an exception to an order dated 05/12/2011 passed by District Forum, Central Mumbai in consumer complaint no.263/2007, Mr.Tejrao V.Wankhede v/s. Central Bank of India and another.
District Forum partly allowed the consumer complaint and directed the opponent bank to pay an amount of `19,300/- with interest @ 12% p.a. from 17/09/2007 together with `5,000/- as compensation and `3,000/- as costs of the litigation. Aggrieved with this impugned order, appellant Bank preferred this appeal on the ground that the debit card was issued on demand to the complainant. Complainant has very much utilized the services of said ATM card (debit card) and withdrawn total amount of `1,12,500/-. Therefore, the order impugned as averred in the appeal is bad in law.
None present for the appellant. Heard Ms.Rashmi Manne-Advocate for the respondent.
We have perused the record. Admittedly, debit card no.5044 3770 0600 9988 was issued to the complainant. Complainant has used the said debit card to avail ATM facility to the extent of `20,700/-. However the debit to his account was carried out to the extent of `40,000/- by the appellant/opponent bank. There was no balance in the account of the complainant to avail the facility against the said debit card to the sum of `1,12,500/-. The Bank has not produced any documentary evidence for frequent use of the debit card. It is also admitted by the Bank that use of the debit card in the ATM is subject to balance in account. Bank also miserably failed to produce the certified extract of Saving Bank account of the complainant operated by them. We do not find any merit in the appeal and there is no need to invoke appellate jurisdiction of this Commission. We hold accordingly and pass the following order:-
ORDER
Appeal stands dismissed.
In the given circumstances, parties are left to bear their own costs.
Pronounced on 20th March, 2013.
