Case No.CC/56/2018

Date of Institution:-16.03.2018

Order Reserved on :-15.04.2024

           Date of Order :-01.05.2024      

IN THE MATTER OF:

Uma Shankar Mahto

S/o Sh. Avadh Kishore Mahto,

R/o D-68, Gali No. 10, HarphoolVihar,

Jai Vihar, Phase-3,Nearby DurgaMandir, `

Baprolla, Najafgarh, New Delhi – 110043.

          …..Complainant

VERSUS

State Bank of India

NangliSakrawati (Delhi)

14, Ranaji Enclave,

NangliSakrawati,

New Delhi.

..…Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. Brief facts of the case are that the complainant is having an account no. 36133534242 with OP/State Bank of India.  On 17.11.2017, the complainant got a message that Rs.17,000/- (Rupees Seventeen Thousand) was debited from his account at SBI ATM PaharGanj, New Delhi.  The complainant has lodged a complaint regarding unauthorized transaction in PS Ranhola vide complaint no. 1072059.  The complainant has visited the branch of bank and informed the bank officials regarding unauthorized transaction.  The complainant has submitted an application alongwith FIR copy in the bank.  The bank officials have not resolved his grievances.  The complainant is a handicapped person and belonging to a poor family.  The complainant has informed the bank regarding withdrawal of Rs.17,000/- on 17.11.2017 by someone else from his account and the complainant was having his card with him at the time of unauthorized transaction.  The bank official has sent request of the complainant to his senior officers for necessary action, but no action was taken by the bank officers. The complainant has prayed for refund of Rs.17,000/- as unauthorized transaction was made from his account by unknown person alongwith Rs.15,000/- (Rupees Fifteen Thousand) for mental agony and harassment. 
2. Notice of complaint was served to OP.  The OP did not appear to attend the proceedings and proceeded Ex-Parte vide order dated 29.10.2018.
3. The complainant has filed his own affidavit in evidence wherein he has corroborated the version as set out in the beginning the facts and relied upon the documents annexed with the complaint.
4. On 15.04.2024, the case was listed for arguments and none was present, the case is related to 2018, we feel it prudent that the case should be decided due to the long pendency of the present complaint.  Hence, the case was reserved for order.
5. We have carefully considered the material on record and thoroughly perused the documents placed on record by the complainant.
6. It is the case of complainant that he is having an account no. 36133534242 with OP/State Bank of India.  On 17.11.2017, the complainant got a message that Rs.17,000/- (Rupees Seventeen Thousand) was debited from his account at SBI ATM PaharGanj, New Delhi.  The complainant has lodged a complaint regarding unauthorized transaction in PS Ranhola vide complaint no. 1072059.  The complainant has visited the branch of bank and informed the bank officials regarding unauthorized transaction.  The complainant has submitted an application alongwith FIR copy in the bank.  The bank officials have not resolved his grievances.  The complainant is a handicapped person and belonging to a poor family.  The complainant has informed the bank regarding withdrawal of Rs.17,000/- on 17.11.2017 by someone else from his account and the complainant was having his card with him at the time of unauthorized transaction.  The bank official has sent request of the complainant to his senior officers for necessary action, but no action was taken by the bank officers.
7. The version of complainant cannot be disbelieved once OP has not put the appearance in order to controvert the case of the complainant.  The withdrawal of the money was made by fraudulent transaction and the complainant was not provided CCTV footage which caused mental harassment to the complainant. The uncontroverted version of the complainant is relied upon as there is nothing on the record to view the evidence lead by the complainant with the aid of spectacles.
8. Hence, the complaint of the complainant is allowed.  The OP is directed to refund Rs.17,000/- (Rupees Seventeen Thousand) to the complainant alongwth an interest @ 6% p.a. from the date of filing of complaint.  The complainant has gone under mental harassment so compensation of Rs.5,000/- (Rupees Five Thousand) is awarded to him for mental harassment. The OP is directed to comply within 45 days from the date of receipt of order failing which OP shall be liable to pay the entire amount alongwith interest @ 9% p.a. till its realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 01.05.2024 at 3.30 PM.