BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Anil Kumar Soni S/o Late Sh.C.L.Soni, #662-A, Sector 31-A, Chandigarh 160030

…..Complainant

                                      V E R S U S

State Bank of India through its:-

1]      Branch Manager, State Bank of India, Alambagh Branch, Lucknow 226005

2]      Branch Manager, State Bank of India, 3BRD, AIR Force, Chandigarh 160003 (UT).

3]      Assistant General Manager, State Bank of India, Local Head Office, New Administrative Bldg., Motimahal Marg, Hazratganj, Lucknow (UP) PIN 226001

                                      ……Opposite Parties

4]      Banking Ombudsman C/o RBI MG Road, Post Box No.82, Kanpur 208001 (UP)

                                                                   …. Proforma Opp. Party.

CORAM:     SH.P.D.GOEL                                              PRESIDENT

                   SH.RAJINDER SINGH GILL                          MEMBER

                   DR.(MRS).MADANJIT KAUR SAHOTA         MEMBER

Argued by:    Complainant in person.

                        OPs already exparte.

PER P.D.GOEL, PRESIDENT

1.                Briefly stated, the complainant and his wife had a joint saving bank account No.10178593468 with OP No.1.  On his transfer to Air Force Station, Chandigarh, he got the said account transferred. On issuance of new passbook duly updated by OP-2, he noticed that bank had deducted a sum of Rs.4172/- from 25.12.2005 to 30.10.2007. It is the case of the complainant that the OPs failed to give any satisfactory reply as to how the said amount was deducted. Various communications were made with OPs to resolve the issue but the OPs did not pay any heed.  Ultimately, the matter was also brought to the notice of Banking Ombudsman.

                   It is further averred that complainant has received a phone call from Mr.Sajjan on 21.5.2011 that someone got his mobile phone recharged by using ATM Card and Password. Alleging the above act of OPs as gross deficiency in service, this complaint has been filed.

2.                OPs No.1 & 3 did not turn despite service of notices, hence proceeded against exparte on 2.11.2011 & 28.11.2011 respectively.

3.                OP No.2 filed short reply, stating therein, that the saving account No.10178593468 in the name of Anil Kumar Soni and Mrs.Ranjana Soni has been transferred to A.F.S., Chandigarh Branch from A.F.S. Memaura, Lucknow Branch, in Oct., 2008.  All the ATM Transactions reported in the complaint has taken place between Dec., 2005 to Oct., 2007.  The account was not operational in A.F.S.Chandigarh Branch, so OP No.2 branch has no link with the case. 

4.                OP No.4 (Banking Ombudsman, Kanpur) also filed reply and submitted that the complaint is not maintainable.  All the allegations are totally baseless, false and frivolous.  It is also stated that as per bank, the amount was debited on account of mobile recharging by the complainant including the use of ATM Card & Secret PIN Code.  It is further stated that there is neither any contractual obligation nor any privity of contract between the complainant and OP No.4.  Denying rest of the allegations of the complainant and pleading no deficiency on their part, OP No.4 prayed for dismissal of the complaint.

5.                Parties led evidence in support of their contentions.

6.                 We have heard the complainant in person and have also perused the record.

7.                The averments made in the complaint, as reproduced above in para No.1 of the order, stands corroborated from the affidavit of the complainant, as well as the Annexures C-1 to C-6. Annexure C-1 is the copy of letter dated 10.11.2010. From this document, it is proved that the complainant sent a letter to the OP No.1 with the request to take necessary steps to refund/revert the whole amount with suitable interest to the complainant if deducted erroneously/unauthorisely. Annexure C-2 is the copy of fax message confirmation report dated 22.12.2010. Annexure C-3 is the copy of reminder dated 28.12.2010 sent to OP No.1. Annexure C-4 is the copy of e-mail dated 3.10.2011. From this document, it is proved that the complainant sent a complaint to  Annexure C-6 is the copy of e-mail dated 25.3.2011 to the Banking Ombudsman in order to get the issue resolved.

8.                Admittedly, the OPs No.1 and 3 despite service did not care to contest the case and as such it can be concluded without any hesitation that either they admits the claim of the complainant or has nothing to say in the matter. More so, the evidence produced by the complainant also goes unrebutted and uncontroverted.

9.                OP No.2 had filed the reply, stating therein, that the saving account No.10178593468 of the complainant and his wife has been transferred to A.F.S., Chandigarh Branch from A.F.S. Memaura, Lucknow Branch, in October, 2008.  The OP No.2 has also raised the plea that all the alleged transactions had taken place between December, 2005 to October, 2007.  The complainant has placed on record the copy of the statement at page No.11 to 14 and its careful scrutiny makes it clear that the transaction pertains to the period from December, 2005 to October, 2007. The statement of account filed by the complainant goes unrebutted. Therefore, it is concluded that the defence raised by OP No.2 that the transaction in dispute pertains to the period between December, 2005 to October, 2007 stands proved.  Hence, there is no deficiency in service on the part of OPs No.2 to 4.

10.              As a result of the above discussion, the complaint is partly allowed and the OP No.1 is directed to refund Rs.4128/- to the complainant. OP No.1 is also directed to pay Rs.3,000/- as compensation to the complainant for mental agony and harassment besides Rs.2500/- as costs of litigation.

11.              This order be complied with by OP No.1 within one month from the date of receipt of its certified copy, failing which, OP No.1 shall be liable to refund Rs.7128/- to the complainant along with interest @ 12% p.a. from the date of filing of the complaint, till its realization, besides costs of litigation.

12.              Certified copies of this order be sent to the parties free of charge. The file be consigned.