Delhi

North East

CC/191/2015

Amar Dutt - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

11 Sep 2017

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 191/15

 

In the matter of:

		Shri Amar Dutt S/o Late Shri Dal Chand R/o House No. 86/120, C-Block Khasra No. 464, 25 Ft. Road Saboli Extn. Delhi-110093.		Complainant
		Versus
	1         2	State Bank of India Through Branch Manager Branch Nand Nagri (4714) Nand Nagri Market, Nand Nagri-110093.   ICICI Bank Through Base Branch Manager Branch 9-A, Phelps Building, Connaught Place, New Delhi-110001.		Opposite Parties
			DATE OF INSTITUTION:		27.05.2015
			JUDGEMENT RESERVED ON :		11.09.2017
			DATE OF DECISION      :		11.09.2017

 

N.K.Sharma, President:-

Ms.Harpreet Kaur Charya, Member:-

Order by Ms.Harpreet Kaur Charya, Member:-

ORDER

1. The Present complaint has been filed under Section 12 of Consumer Protection Act, by Shri Amar Dutt, the complainant against State Bank of India-OP1 and ICICI Bank i.e. OP2.

Facts, in brief, are that the complainant has saving bank account bearing No. 10097285251 with OP1 for which ATM cum debit card was also issued. On 31.10.2013 the complainant used the ATM of OP2, situated at Sushila Garden, B-Block Mandoli Extn. Delhi-93 to withdraw Rs. 10,000/-. It is stated that neither any money was dispensed for the said transaction and nor SMS was received by the complainant. The complainant immediately inform OP1 through customer care number, where he was assured that Rs. 10,000/- will be credited within 72 hours. Written complaint to OP and SHO Harsh Vihar was made on the same day. It has been further stated that as per passbook entry sum of            Rs. 10,017/- was debited against the failed transaction. Feeling aggrieved due to inaction on part of OPs, the complainant again made second complaint on 11.12.2013, requesting for refund of amount, Switch Report, JP Log, SMS Log, CCTV Footage and Cash Reconciliation statement from OP1 which was not addressed by OPs. Hence present complaint seeking directions to OPs to credit / refund Rs. 10,000/- alongwith interest @ of 18% till the filing of the complaint, Rs. 40,000/- as compensation for mental agony and harassment and Rs. 5,500/- as cost of litigation.

Complainant has annexed copy of I-Card, Adhaar Card, passbook of Account with OP1, Written Complaint dated 31.10.2013 to OP1, Print Out of transaction Enquiry, Carbon Copy of complaint  dated 11.12.2013 to SHO, Harsh Vihar, complaint dated 11.12.2013 to Manager alongwith the complaint.

2. OP1 and OP2 were served with the notice of the present complaint, however, OP1 was proceeded Ex-parte as they failed to appear or file their reply. OP2 filed their reply, where it was stated that the transaction was entered through ATM and the complainant was only liable and responsible for the same. The transaction was successful and fully paid as per cash tally and EJ-Roll. They have annexed cash tally, EJ Roll with their reply as annexure 1 and  annexure 2 respectively. Hence, no deficiency could be attributed on their part.
3. In rejoinder to WS filed on behalf of OP2 the complainant has denied all the averments and has reiterated the contents of the complaint. It was stated that when the amount withdrawn from ATM was of  Rs. 10,000/- then why debit entry in the passbook issued by OP1 reflected   Rs. 10,017/-. Neither any SMS Log was placed on record. It was also stated that nor any CCTV Footage was supplied to the complainant.
4. Evidence by way of affidavit was filed by the complainant where he examined himself and deposed the contents of the complaint. He relied on annexures annexed with the complaint.

Ms Akirti Mishra, Manager Legal of OP2 was examined wherein she narrated the facts of written statement and stated that as the transaction was successful it could not be any reversed. She also stated that no cash was found in the ATM at the time of refill.

5. We have perused the material placed on record. The complainant has placed on record passbook where the entry dated 31.10.2013 bears “ATM 1373 Sushila Garden Saboli New Delhi” when the transaction was for Rs. 10,000/- how can an amount of Rs. 10,017/- be debited from the account of the complainant and as OP1 did not appear and have been proceeded Ex-parte, the allegation made against them have remained uncontroverted. As far OP2 is concerned they have placed on record single entry of cash tally and EJ roll but have failed to file switch report and CCTV Footage. Hence OP1 and OP2 have been deficient in providing services to the complainant. Therefore, we allow the present complaint and direct OP1 and OP2 to refund Rs. 10,000/- which had been debited from the account of complainant alongwith the interest @ 9% from the date of filing of the present complaint till realization, we also award            Rs. 7,500/- as compensation for mental harassment and agony inclusive litigation cost.
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7. File be consigned to record room.

(Announced on  11.09.2017)         

(N.K. Sharma) President

(Harpreet Kaur Charya) Member