Karnataka

StateCommission

A/1135/2014

Mysore Urban Development Authority - Complainant(s)

Versus

T.P.Aiyappa - Opp.Party(s)

T.P.Vivekananda

18 Oct 2023

ORDER

                                                                     Date of Filing : 16.05.2012

                                                                Date of Disposal : 18.10.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:18.10.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K B SANGANNANAVAR : JUDICIAL MEMBER

 

Mrs DIVYASHREE M : LADY MEMBER

 

 

APPEAL No.965/2012

State Bank of Mysore

M G Road

Kolar Branch

Rep. by its Chief Manager

Sri H S Shivananda

(By Mr S V Gowramma, Advocate)                                            Appellant

 

                 - Versus -

1. Sri K N Naresh

    S/o R Naraishmhaiah

    Aged Major

    No.82, Byre Gowda Nagar

    Kolar - 563 101

    (By Mr N Dhanasegaran, Advocate)

 

2. State Bank of India

    BEL Factory Campus Branch

    Jalahalli

    Bangalore – 560 013                                                      Respondents 

    (By Mr Harsha P B, Advocate)

                                                                                                          

      : ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This Appeal is filed under Section 15 of Consumer Protection Act 1986 by the OP2, aggrieved by the Order dated 20.03.2012 passed in Consumer Complaint No.131/2010 on the file of District Consumer Disputes Redressal Forum, Kolar (hereinafter referred to as District Forum).

2.       Heard the arguments of the Learned Counsels on records.

3.       The Complainant raised a Consumer Complaint that on 11.02.2009 he approached ATM counter at OP2 Branch and operated the ATM Machine in order to draw Rs.10,000/- and the Machine did not dispense any money, but Rs.10,000/- was debited in his account.  On verifying the same, OP showed a Log printout, wherein it was reflecting that the Complainant had drawn Rs.10,000/- and transaction was successful. Hence, he is alleging deficiency in service on the part of OPs to pay Rs.10,000/- with interest, compensation and costs.  This case was contested by the OPs stating that an amount of Rs.10,000/- was withdrawn from 2^nd ATM and journal print log was filed before the District Forum in respect of transaction.   The District Forum held an enquiry, found OPs failed to prove that complainant had made successful transaction on ATM Machine and had actually received the amount and not provided CCTV footage since CCTV footage alone prove the fact whether there was tampering with the ATM machine and in fact complainant had not received the cash of Rs.10,000/-.

4.       Thus the act of OPs in not producing the cogent evidence to prove their case.  Hence, the findings recorded by the District Forum is just and proper in the directing OP2 to pay Rs.10,000/- with interest at the rate of 9% per annum from 11.02.2009 and Rs.2,000/- towards litigation costs to the Complainant.   Accordingly, Dismissed the Appeal with no order as to costs.

5.       The Statutory Deposit in this Appeal is directed to be transferred to the District Commission for further needful.

6.       Return the LCR forthwith to the District Commission

 

7.       Send a copy of this Order to the District Commission, as well as to the parties concerned, immediately.

 

Lady Member                   Judicial Member                         President

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