BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                  Consumer Complaint No. 212 of 2015

                                  Date of institution:           07.05.2015

                                                Date of Decision:             24.08.2015

Yadvinder Kumar son of late Ram Deyal resident of House No.192, Ward No.4, Gaur Muhalla Kurali, Tehsil Kharar, District SAS Nagar (Mohali).

                                          ……..Complainant

                                        Versus

State Bank of Patiala through its Manager, Branch, Kurali, District SAS Nagar (Mohali).

                                                                     ………. Opposite Party

Complaint under Section 12 of the

Consumer Protection Act, 1986.

ARGUMENTS HEARD AND DECIDED BY

Shri Amrinder Singh Sidhu, Presiding Member

Mrs. R.K. Aulakh, Member.

Present:    Complainant in person.

Opposite Party ex-parte.

(Amrinder Singh Sidhu, Presiding Member)

ORDER

                The complainants filed the present complaint pleading that he is account holder bearing No.55110193384 and ATM No.5111120006783997 issued by the Opposite Party (hereinafter referred as ‘OP’). On 03.03.2015 some unknown person withdrew Rs.10,000/- from his account through ATM of Axix Bank, Branch Krishana Pharmacy, Morinda Road, Kurali.  On 04.03.2015 the complainant submitted written complaint to the OP regarding above stated withdrawal and the Bank Manager informed the complainant that Rs.10,000/- had already been withdrawn through the same Branch on 19.01.2015. On 26.03.2015 the complainant submitted another application for getting CCTV footage of the bank. The complainant also got DDR No.10 dated 27.03.2015 registered with the police station. However, the complainant received information on 22.04.2015 regarding inability to reproduce the CCTV footage due to technical issue.  The complainant suffered a loss of Rs.20,000/- due to negligence of the OP and the OP had not compensated the complainant.  Lastly the complainant has prayed that the OP may be directed to pay to him Rs.20,000/- and damages to the tune of Rs.10,000/- and Rs.5,000/- as counsel fee.

2.             On 08.07.2015 none appeared for the OP and thus it was proceeded against exparte.

3.             The complainant placed on record affidavit Exb.CW-1/1 and tendered in evidence documents Exb.C-1 to C-8.

4.             We have heard the complainant and have also gone through the file.

5.             Complainant in order to prove the contents of his complaint filed his affidavit which is Exb.CW-1/1. He placed on record the photocopy of his account book of State Bank of Patiala and ATM Card which are Exb.C-4 and Exb.C-5 respectively. So the complainant is a ‘consumer’ as he is availing services of Bank for consideration. He further placed on record his application addressed to the Manager of State Bank of Patiala, Kurali stating the grievance of unknown withdrawal of Rs.20,000/- on two occasions from his account through ATM Card which is Exb.C-1. He further placed on record particulars of his bank account which is Exb.C-6 and it proves withdrawal of amount of Rs.10,000/- on 19.01.2015 through ATM 6772 and of same amount on 03.03.2015. This complaint is filed within limitation period of two years from the date of cause of action because cause of action arose to the complainant on 03.03.2015 when he discovered that unknown withdrawal took place from his account through his ATM.  The  complaint is within territorial jurisdiction of this Forum as the OP has branch office/carries on business as well as cause of action arose within the limits of revenue estate of District Sahibzada Ajit Singh Nagar (Mohali) which falls within the local limits of jurisdiction of District Consumer Forum, Sahibzada Ajit Singh Nagar (Mohali). This Forum has pecuniary jurisdiction to entertain and adjudicate on the present complaint because the total claim claimed by the complainant is amount of Rs.35,000/- which is far less than maximum amount of Rs.20.00 lacs prescribed by Section 11 (1) of the Consumer Protection Act, 1986 (as amended upto date).

                The grievance of the complainant is that despite all efforts on the part of the complainant, OP has not shown any interest to resolve the grievance of the complainant. Complainant on 04.03.2015, just after one day i.e. 03.03.2015 of incident, filed written complaint which is Exb.C-1 to the OP regarding withdrawal of Rs.10,000/- from his account through ATM. So complainant informed the OP about the incident well in time. If OP had taken timely steps then problem of the complainant might have been solved. There is nothing on record that shows that OP has taken timely action to redress the grievance of the complainant. Moreover, it is observed that complainant himself has got his DDR registered (Exb.C-3) with police authorities whereas it is the duty of the OP to take the matter with the police authorities. Complainant is running from pillar to post to redress his grievance but OP remained silent.  Complainant has also placed on record one letter of the OP addressed to the complainant that they have taken up the issue with Axix Bank Ltd. However, they have shown their inability to reproduce CCTV footage due to technical issue. OP has neither disclosed that technical issue to the complainant nor gave the complainant an opportunity of being heard in the matter.  Our view is that it is not enough on the part of the OP. Complainant is consumer of OP and, therefore, he has a right to get his grievance resolved from his service provider i.e. OP. The matter between SBOP and Axix Bank is interse between them. SBOP has to take appropriate steps to resolve the issue of the complainant. So OP failed to do his duty. OP has not taken appropriate steps to resolve the issue of complainant. Therefore, OP is not only deficient in service but also remained negligent in resolving the issue of complainant.

                The complaint is allowed.  OP namely State Bank of Patiala through its Manager, Branch, Kurali, District SAS Nagar (Mohali) is directed to:

(a)    pay to the complainant Rs.20,000/- (Rs. Twenty thousand only) to make good the loss suffered by the complainant.

(b)    pay to the complainant Rs.5,000/- (Rs. Five thousand only) as compensation for harassment and mental agony on account of being deficient and negligent in resolving issue of complainant.

(c)    pay to the complainant Rs.5,000/- (Rs. Five thousand only) as costs of litigation.

                Compliance of this order be made within a period of forty five days from the date of receipt of a certified copy of this order failing which complainant shall be entitled to and OP shall be liable to pay to the complainant an interest @ 9% per annum from the date of order till actual realisation. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

August 24, 2015.         

(Amrinder Singh Sidhu)

Presiding Member

(Mrs. R.K. Aulakh)

                   Member