CONSUMER DISPUTES REDRESSAL FORUM-II

UDYOG SADAN, C-22 & 23, QUTUB INSTITUTIONAL AREA

(BEHIND QUTUB HOTEL) : NEW DELHI – 110016.

                                Case No. 375/12

Satya Ram,

S/o Sh. Budhai Ram,

R/o C-163, Dakshinpuri,

New Delhi – 110062.                                       - Complainant

Vs

1. State Bank of India,

    Ansari Nagar, Branch Code-1536,

    New Delhi.

2. Manager,

    Punjab National Bank,

    Sec. 7, Rohini,

    Delhi - 110085        .                                         - Opposite Parties

                                                                                                                                          Date of Institution: 24.07.2012                                              Date of decision:    02.09.2015

Coram:

N.K. Goel, President

Naina Bakshi, Member

                                      O R D E R

          In brief, the complainant had a saving bank account in State Bank of India, Branch Ansari Nagar, New Delhi (OP-1) vide Account No. 10874614478 and he was also holding ATM Card.  On 21.4.2012, he visited the ATM of Punjab National Bank and had withdrawn the cash from ATM TXN No. 4934 Card No. 6220180153600278102, “cash before catch cash was returned by ATM”.     He visited the State Bank of India, Branch Ansari Nagar on 22.4.2012 and was informed that cash was not returned into his account so far.  Complainant has prayed that an amount of Rs. 15,000/- may be returned to his Bank account with interest.

        In its reply, OP-1 has stated as follows:

“That present complaint is not maintainable and is liable to be dismissed as the complainant has not stated true and correct facts before this Hon’ble Forum.  True facts are that complainant himself has withdrawn Rs. 15,000/- from the ATM having ATM ID 14416600 of the Punjab National Bank situated at 19, Best Mega Mall, Sector-7.  On 21.4.2012 vide transaction nos. 4934 the complainant withdrew amount of Rs. 10,000/- and vide transaction no. 4935 the complainant withdrew amount of Rs. 5000/- from the ATM Punjab National Bank  installed at 19, Best Mega Mall, Sector-7 which is very clear from the Journal Log generated by switch centre, Mumbai.  As per the Journal Log generated by Switch Center, Belapur, Navi Mumbai-400614 the transaction nos. 4934 & 4935 were successful and complete and complainant vide his ATM Card no. 6220180153600278102 has withdrawn amount of Rs. 10,000/- and Rs. 5,000/- successfully from the ATM of Punjab National Bank situated at 19, Best Mega mall, Sector-7 as the response code is shown as ‘000’ which shows that the transactions were successful.  Certified copy of Switch Center Report dated 21.04.2012 issued by Switch Centre, Belapur, Mumbai for ATM ID no. 14416600 and showing the transactions nos. 4934 & 4935 were successful transactions is annexed herewith and marked as Annexure R-1.  Thereafter also the complainant used the said ATM on 21.4.2012 and carried out transaction no. 4936, 4937 and 4938 from the same ATM and by using same ATM Card and withdrew Rs. 5000/- vide transaction no. 4936, Rs. 10,000/- vide transaction no. 4937 and Rs. 10,000/- vide transaction no. 4938.”

It is prayed that the complaint be dismissed.

        In its reply, OP-2 has inter-alia stated as under:

“That the content of the para no. 2 of the application is matter of record.  It is pertinent to mention here that the ATM situated at 19 Best Mega Mall, Sec-7, Rohini, Delhi is managing by the Punjab National Bank Branch Office Prashant Vihar, Rohini, Sector-14, Delhi and the answering party has no relation with the same and has been made unnecessary party by the complainant.”

        Complainant has filed his affidavit in evidence.   On the other hand, affidavit of Sh. Satish Kumar, Asstt. General Manager, has been filed on behalf of OP-1.  

        Written arguments have been filed on behalf of the complainant and OP-1.

        We have heard complainant in person and the Counsel for the OP-1 and have also carefully perused the file.

        We straightway come to the question, whether the transactions of Rs. 10,000/- and Rs. 5,000/- in question were successful?  If so, whether the complainant is not entitled to any relief?

        Admittedly, the complainant had a saving bank account no. 10874614478 with the OP-1 and was holding an ATM card.  On 21.4.2012, he had withdrawn cash by ATM card from Punjab National Bank ATM TXN No. 4934  and 4935 Card No. 6220180153600278102 (ATM) “cash before catch cash was returned by ATM”.  On 22.4.2014, he had intimated the OP-1 in this regard. 

        Documents Exs. OP1/1 to OP1/7 pertain to the transactions in question.  They prove the averments made by OP-1    

        In view of above, it transpires from the documents submitted by the OP-1 that on 21.4.12 the complainant had used OP-2’s ATM and withdrew an amount of Rs. 10,000/- + Rs. 5,000, Total Rs. 15,000/- in transaction nos. 4934 & 4935 respectively.  The OP-2 had informed that during reconciliation they found that the transaction nos. 4934 & 4935 were successful and no excess cash was found.  OPs have filed the documentary proof in this regard.

        We are of the opinion that the OP-1 being the Payee Bank has not committed any deficiency in service by not refunding Rs. 15,000/- to the complainant.

        In view of the above discussion, we dismiss the complaint  with no order as to costs.

        Copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

(NAINA BAKSHI)                                                    (N.K. GOEL)     MEMBER                                                       PRESIDENT

Announced on  02.9.2015

02.09.2015

Present –   None

        Vide our separate order of even date pronounced, the complaint is dismissed.    Let the file be consigned to record room.

(NAINA BAKSHI)                                            (N.K. GOEL)

    MEMBER                                                      PRESIDENT