Delhi

East Delhi

CC/602/2013

SUNITA - Complainant(s)

Versus

SYNDICATE BANK - Opp.Party(s)

10 Sep 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                                                   CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

    

CASE NO-602/13

In the matter of:

Ms. SUNITA

D/O SHRI GOVIND SINGH NEGI

R/O R-118, GEETANJALI VIHAR,

KHORA COLONY, GHAZIABAD U.P.

Complainant

Vs

1. THE MANAGER,

SYNDICATE BANK, I.P. EXTN.

PATPARGANJ,

1.  

 

2. THE MANAGER,

AXIS BANK, MALVIYA NAGAR,

NEW DELHI.

Opposite Party

 

                                                                                 DATE OF ADMISSION-24/07/2013

                                                                                DATE OF ORDER         -04/09/2015

SH. SUBHASH GUPTA, MEMBER

The Complainant in complaint has alleged that she was having a saving bank A/C No.907820189451 with Syndicate Bank which is Opposite Party No.1. She on 06/06/2013 processed her ATM Card with the ATM of OP No-2 that is Axis Bank ATM  Malviya Nagar for a sum of Rs.10,000/-. It is further pleaded that the machine did not dispense the currency but the amount of Rs. 10,000/- was debited from her above said saving bank account maintained by OP No.1. The Complainant vide her complaint has prayed for refund of Rs.10,000/-. She has further claimed Rs.30,000/- for mental agony, harassment, and conveyance charges. The complainant has also claimed Rs.15,000/- for absence from the duty due to non availability of the money.

            Notice of the complaint was issued to both the Ops. OP No.1 Syndicate Bank filed its written statement. OP No.2 Axis Bank filed the authorization letter in favour of one Mr. Ashish berry for filing the reply in this case but no reply has been filed by the Axis Bank i.e. OP No.2. In the written statement filed by the OP No.1, it has pleaded non maintainability of the complaint against it for want of cause of action as the ATM service used by the Complainant was of the OP No. 2.

            It has been admitted in the written statement filed by the Respondent No.1 that the complainant has complained on 06/06/2013 about non dispensing of the cash of Rs.10,000/- as processed by her through ATM of the OP N0.2.

            The complainant has filed the Rejoinder and Evidence reiterating the averments made in the complaint. It has come in evidence that a letter was received by her from OP No-1 Syndicate Bank vide which the complaint made by the complainant was rejected by the Axis Bank that is Respondent No.2 without any reason.

            We have heard the parties and perused the record placed on the file.

            We find that the cause of action exist against the RespondentNo.2 which has not filed any reply to controvert the averments and the evidence filed by the Complainant. The same remains uncontroverted and we have no reasons to disbelieve the Complainant who has deposed on oath. It has been proved on record that the complainant made prompt complaints and also followed her complaint by E-mails but OP No.2 rejected the complaint without assigning reasons thereof.  We find that there is deficiency in services by the OP No.2 and it is liable to refund Rs.10,000/- to the Complainant with 9% interest thereon w.e.f. 06/06/2013 till date of actual payment. The Complainant is also entitled to receive compensation of Rs.5,000/- for mental agony and torture which also include the cost of litigation. This amount if not paid within 45 days OP No.2 will be liable to pay interest @ 9% till is actually paid.

Copy of this order be supplied to both the parties.

 

SUBHASH GUPTA                          POONAM MALHOTRA                       N.A.ZAIDI

     (MEMBER)                                              (MEMBER)                               (PRESIDENT)