DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No. 234 of 2015
Date of filing: 10.12.2015 Date of disposal: 30.6.2016
Complainant: Balaram Devnath, S/o. Late Kalipada Devnath, Village: Rangamati Uttar Bazar, Post Office: Saktigarh, Police Station & District: Burdwan, PIN – 713 149.
-V E R S U S-
Opposite Party: The Manager, Branch – Saktigarh, State Bank of India, Post Office: Saktigarh, Police Station & District: Burdwan, PIN – 713 149.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: In person.
Appeared for the Opposite Party: None.
J U D G E M E N T
This is a complaint u/S. 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice against the Op Bank for illegal deduction from his account.
The complaint in brief is that the complainant had one savings bank account no. 20016205344 in State Bank of India, Saktigarh Branch, Burdwan. But during the time of updating of his bank account, it was seen by the complainant that the OP Bank twice has deducted Rs. 112.36 as annual fees for his ATM card no. 6220180005600 on 11.02.2014 & 20.02.2015 and Rs. 168.54 as annual fees for another ATM card no. 4591550000035 on 10.02.2014 & 20.02.2015. The complainant complained to the OP Bank that he possessed only one ordinary ATM card for which he is payable Rs. 112.36 as annual fees, then how did the OP Bank deduct Rs. 168.54 for another ATM card. The OP Bank verbally stated to the complainant that he actually possessed two ATM cards, one as ordinary and another as VIP ATM card. The complainant argued with the OP Bank Branch Manager, how did it happen. The complainant has never applied for VIP ATM card, then how did the Bank deduct Rs. 168.54 for a VIP ATM card? The complainant prayed for getting back the money (Rs. 168.54 + Rs. 168.54 = Rs. 337.08) which had wrongfully been deducted from his Bank account on 10.02.2014 & 20.02.2015 as annual fees for dubious VIP ATM card.
Subsequently, the complainant had lost his only ordinary ATM card bearing no. 622018005600 for which the complainant lodged a G.D. being No. 372 dated 14.4.2015 at Saktigarh Police Station and prayed before the OP Bank to stop the ATM service of the lost ATM card with immediate effect, on the same date i.e. on 07.5.2015 but the OP Bank did not pay heed to the prayer about the money sought for paid back i.e. Rs. 337.08 but gave a letter suggesting the complainant to close the operation of the lost ATM card by himself by using the Toll Free No. 1800-1122-11. However the complainant could not make any correspondence with the said Toll Free number.
As the OP Bank did not redress the complainant’s grievance, he is compelled to lodge his case this Forum and prayed for refunding back of Rs. 337.08, wrongfully deducted from his account, litigation cost Rs. 1,000=00 and other charges.
Thus the case arose.
Notice was duly served upon the OP Bank but none appeared from the OP Bank. Hence, the case is heard ex parte.
Decision with reasons:-
The complainant has complained for two types of deduction amounting to Rs. 112.36 & Rs. 168.54 for annual fees for his ATM card Nos. 6220180005600 & 4591550000035. The complainant stated in his written statement that he had only and only one ATM card bearing No. 6220180005600. He had no other ATM cards. Then how did the OP Bank deducted for an ATM card which he never possessed, the complainant alleged. As none from OP Bank appeared and contested the case by filing any written version, the allegation made by the complainant has not been defended by the OP Bank.
Regarding the missing of the ATM card which the complainant had actually possessed, he submitted a reply received from the OP Bank which speaks for itself. The OP Bank has advised/suggested the complainant to intimate his problem of missing of his ATM card through a specific Toll Free No. 1800-1122-11. The complainant tried but failed to communicate with the said Toll Free number.
Heard the argument ex parte from the complainant. As the OP has not defended the allegation of the complainant against the deduction of two different amounts of Rs. 112.36 & Rs. 168.54 as annual fees for two types of ATM cards, where the complainant states and argued that he had only one ATM card being No. 6220180005600, he eventually lost it, so the deduction of Rs. 168.54 for twice for ATM card No. 4591550000035 is totally unjustified and should be refunded back to the complainant’s savings account. Hence, the case succeeds.
For missing of the ATM card of the complainant, the OP Bank’s procedure should be followed by making correspondences through the said Toll Free number.
Hence, it is
O r d e r e d
that the case is allowed ex parte against the OP Bank with cost and the complainant does get an award directing the OP Bank to refund Rs. 168.54 with an interest @10% from 10.02.2014 and to refund another Rs. 168.54 with an interest @10% from 20.02.2015 till the date of realization, to pay Rs. 2,000=00 as compensation for mental pain and harassment and to pay Rs. 1,000=00 as litigation cost within 45 days from the date of passing of this order, failing which, the complainant is at liberty to put this order in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
