DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (CENTRAL)ISBT KASHMERE GATE DELHI

COMPLAINT CASE NO. 93/2019

No. DC/ Central/

vs.

Coram:       Ms. Rekha Rani, President

                    Shri Vyas Muni Rai, Member

                   Ms. Shahina, Member (Female)

ORDER

Ms. Rekha Rani, President

1. Sh. Raj Kumar (in short the complainant) filed the instant complaint under section 12 of the Consumer Protection Act, 1986 against  State Bank of India (in short OP) pleading therein that he has account no. 33706012921 with SBI, Paharganj, New Delhi (OP1). It is alleged that on 08.02.2019 at about 0748 hrs he tried to withdraw Rs. 10,000/- from ATM of Central Bank of India located in the complex of Food Corporation of India, Barakhamba Road, New Delhi. He entered requisite particulars in the ATM but cash was not dispensed whereas his account was debited by Rs. 10,000/-. He lodged online complaint with SBI Customer Care vide complaint NO. 5196416617 on the same day i.e. 08.02.2019 but he did not receive any response from anywhere. It is further alleged that he requested OP1 on 12.04.2019 to provide him video footage captured by CCTV installed in the ATM to indicate that cash was dispensed to him. But he did not receive any communication from OP1. He has prayed for direction to OP pay him Rs. 10,000/-, Rs. 5,000/- for compensation towards harassment.
2. OP1 was duly served but chose not to appear.
3. OP2 appeared and filed Written statement. An affidavit by way of evidence was also filed by OP2.
4. Complainant filed his affidavit by way of evidence in which he has reiterated the allegations made in the complaint. In Para 1(d) he has pleaded that OP1 has returned the undispensed money to him on 22.06.2019 after the lapse of 4-5 months. In his rejoinder he has prayed for Rs. 5,000/- towards cost of litigation, conveyance charges and unnecessary harassment.
5. Only OP2 has appeared and put up its defence. No relief has been claimed against OP2.
6. OP1 has not appeared to put up its defence. No reason has been given by OP1 as to why grievance of the complainant remained unaddressed for about 4-5 months. As such complainant is entitled to cost of litigation and compensation for unnecessary harassment. OP1 is directed to pay Rs. 2,500/- towards compensation for unnecessary harassment and Rs. 1,000/- towards litigation charges. The said payment may be paid within 30 days of the date of the receipt of copy of this order failing which the said amount carry interest @ 6% p.a. from the date of receipt of copy of the order to the date of payment.

7. Copy of this order be sent to the parties as per rules. File be consigned to record room.

Announced on this 25^th April of 2022.