Haryana

Ambala

CC/216/2019

Baljinder Singh - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

Harjinder Singh Hari

13 Nov 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case No.:  216 of 2019.

                                                          Date of Institution            :  17.07.2019.

                                                          Date of decision    :  13.11.2019.

 

Baljinder Singh aged 37 years son of Shri Gurnam Singh, resident of VPO Tharwa, Tehsil & Distt. Ambala.

                                                                                       …. Complainant.                                                 Versus

1. State Bank of India, M.G. Marg, Ambala Cantt., through its Chief Manager.
2. State Bank of India, Kabadi Bazar, Ambala Cantt., through its Branch Manager.

               ..…. Opposite Parties.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Harjinder Singh Hari, Advocate for the complainant.

OPs already ex-parte vide order dated 28.08.2019.

 

ORDER:     SMT. NEENA SANDHU, MEMBER.

 

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’), praying for issuance of following directions to them:-

1. To credit the amount of Rs.40,000/-, wrongly debited from the account of the complainant alongwith interest @ 18% per annum.
2. To pay Rs.40,000/- as compensation for mental agony and physical harassment suffered by the complainant alongwith litigation expenses.
382.  

Any other relief which this Hon’ble Forum may deem fit.

 

                   In nutshell, the brief facts of the present complaint are that the complainant, who is a labourer is having saving bank account No.30828659482 with OP No.1. The OP No.1 issued an ATM Card bearing No.5596010006447500 to him. On 28.02.2019, at about 11.30AM, he went to ATM of State Bank of India, Kabadi Bazar, Ambala Cantt. i.e. OP No.2 to withdraw Rs.40,000/-. However, no amount was disbursed from the said ATM, but a slip was generated showing withdrawal of Rs.40,000/- and outstanding balance of Rs.9,417/-. He reported about the said incident to the OP No.2. Thereafter, he obtained the statement of account from OP No.1, which  shows that an amount of Rs.40,000/- was debited from his account and balance amount is of Rs.9,417/-. He moved an application before the OP No.2 for supply of the footage of CCTV, but same was not supplied by the OP No.2. On 14.05.2019, he moved another application and also approached the OPs several times to investigate the matter and to credit the amount of Rs.40,000/- in his account, but no action has been taken by the OPs. He used the ATM card issued by the OP No.1 to withdraw Rs.40,000/-, inspite of the fact that no amount was disbursed by the ATM of the OP No.2, an amount of Rs.40,000/- has been debited from his account. He requested the OPs several time, to find out the fault in the ATM and to credit the amount of Rs.40,000/- wrongly debited from his account, but the OPs paid no heed to his genuine request. By not resolving his grievance of the complainant, the OPs have committed deficiency in providing service. Hence, the present complaint.

2.                Upon notice, none has appeared on behalf of the OPs before this Forum, therefore, OPs were proceeded against ex-parte vide order dated 28.08.2019.

3.                Complainant tendered affidavit as Annexure CA alongwith documents as Annexure C-1 to C-3 and closed the evidence of the complainant.

4.                We have heard the complainant and carefully gone through the case file.

5.                 The complainant has alleged that on 28.02.2019, he went to withdraw Rs.40,000/- through ATM card issued by the OP No.1 from the ATM of the OP No.2, but no amount was dispersed by the said machine, however a slip was generated showing withdrawal of Rs.40,000/-. He has also contended that from the statement of account it is clear that an amount of Rs.40,000/- was debited from his savings account. He lodged a complaint with the OP No.1, Annexure C-1 and also moved an application dated 14.05.2019, Annexure C-2, for credit of amount of Rs.40,000/-, which was wrongly debited from his account and to provide the CCTV footage. However, the OPs neither credited the amount wrongly debited from his account nor provided the CCTV footage. The allegation levelled by the complainant has gone un-rebutted as the OPs preferred not to appear before this Forum as such adverse inference can be drawn that the OPs have nothing to say in their defence. In this view of the matter, the OPs are held liable to compensate the complainant for the loss suffered by him. They are also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation charges. 

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

1. To credit an amount of Rs.40,000/,- in the savings account of the complainant alongwith interest @7% per annum w.e.f. from 28.02.2019 i.e. the date on which the amount of Rs.40,000/- was debited from the account of the complainant, till its realization.
2. To pay Rs.3,000/- as compensation for mental agony and        physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                   The OPs are further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on : 13.11.2019.

 

 

 

                    (Vinod Kumar Sharma)  (Ruby Sharma)     (Neena Sandhu)

                     Member                            Member                       President