Haryana

StateCommission

A/362/2015

RAJINDER KUMAR - Complainant(s)

Versus

STATE BANK OF PATIALA - Opp.Party(s)

AJAY PASRICHA

08 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      362 of 2015

Date of Institution:      22.04.2015

Date of Decision :       08.10.2015

 

Rajinder Kumar s/o Sh. Amar Singh, Resident of Village Lalain, P.O. Rahra, Tehsil Assandh, District Karnal.

                                      Appellant-Complainant

Versus

 

State Bank of Patiala, Branch Assandh, District Karnal, through its Branch Manager.

                                      Respondent-Opposite Party

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Mrs. Seema Pasricha Advocate for appellant.

                             Shri R.C. Taneja, Advocate for respondent.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

This complainant’s appeal is directed against the order dated March 19^th, 2015, passed by District Consumer Disputes Redressal Forum, Karnal (for short District Forum), whereby complaint filed by him was dismissed.

2.      Rajinder Kumar-complainant-appellant maintained Saving Bank Account No.00055067826500 with State Bank of Patiala (for short ‘SBP’), Assandh, District Karnal. A card of Automated Teller Machine (for short ‘ATM’), was issued to him.

3.      The grievance of the complainant was that on July 21^st, 2010, he used ATM card to withdraw an amount of Rs.20,000/- from ATM of SBP, Assandh at 12:37 P.M. However, the amount was not dispensed to him because the transaction of ATM remained unsuccessful.  He again used the ATM card at 12.38 P.M to withdraw Rs.20,000/- and the transaction was successful. The bank debited the amount of Rs.40,000/- from his account instead of Rs.20,000/-, that is, Rs.20,000/- has been wrongly shown to have been drawn by him through ATM card at 12.37 P.M.  He complained to the SBP but to no avail.

4.      Learned counsel for the appellant-complainant has urged that the complainant had received the amount of Rs.20,000/- only by using ATM on July 21^st, 2010 at 12:38 P.M. The first attempt to draw amount through ATM at 12:37 remained un-successful.

5.      A perusal of ATM Customer Advices (Exhibit C-2 and C-3) shows that an amount of Rs.40,000/- was withdrawn from the account of the complainant by using ATM on July 21^st, 2010.  Similarly, per ATM LOG (Exhibit R-2) two transactions of Rs.20,000/- each were done on July 21^st, 2010 at 12:37 P.M. and 12:38 P.M. respectively by using ATM Card No.6038455035800002487, that is, the ATM card of the complainant.  

6.      The ATMs are installed by various banks throughout the country. These ATMs are supported by the high grade technology and excellent surveillance.  All the transactions of ATMs meet all the stringent safety and security criteria.  There is Journal Printer in the machine, which records each and every transaction done through the ATM.  The ATM Customer Advices (Exhibit C-2 and C-3) and ATM LOG (Exhibit R-2) clearly show that the details of the ATM Card Number, Account Number tally with the account of the complainant and amount of Rs.40,000/- was withdrawn by him in two transactions.  So, it cannot be said by any stretch of imagination that the amount of Rs.20,000/- was not withdrawn by the complainant. In view of this, District Forum was justified in dismissing the complaint. Thus, this Commission does not find it a fit case to attribute any deficiency on the part of the respondent-opposite party. Thus, no case for interference in the impugned order is made out.

7.      The appeal consequently fails and is hereby dismissed.

 

 

Announced 08.10.2015

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

CL