DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 28th day of March 2016
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 21/10/2015
: Shri.V.P.Anantha Narayanan, Member
(C.C.No.152/2015)
Janardhanan.V
S/o.Late Velayudhan.K,
S.K.House, Konan Puthur,
Kanjikkode Post,
Palakkad - Complainant
(By Party in person)
Vs
The Bank Manager,
State Bank of India,
Main Branch Palakkad
P.B.No.8, English Church ST,
Branch Code 893
Palakkad - Opposite party
(By Adv.V.Raghuvaran)
O R D E R
By Smt.Shiny.P.R. President.
Brief facts of complaint.
Complainant has savings bank account with opposite party. Opposite party has issued ATM card to the complainant. On 16-1-2015 complainant tried to withdrawn Rs.5000/- from his account through ATM card from the ATM counter of SBT Walayar. But amount was not obtained from the counter instead a slip showing Rs.5000/- was withdrawn from the account was received. Actually no money was obtained from the transaction. Then he complained before SBT Walayar branch manager. Upon the instruction of the Walayar SBT Manager, complainant made a complaint before SBI Palakkad main branch. Then they informed complainant that the amount will be credited his account within three days. Complainant submitted that till this date opposite party not credited Rs.5000/- to his account. This act of opposite party caused huge financial loss and mental agony to the complainant. For the redressal of his grievances he approached Banking Ombudsman. No relief was obtained from them. Hence the complaint. Complainant prayed for an order directing to pay a total sum of Rs.75000/- to the complainant.
Complaint was admitted and notice was issued to opposite party. Opposite party appeared before the Forum and filed version contending the following;
Opposite party denied the allegations leveled against them. Opposite party contended that complaint is not maintainable before the forum. Opposite party further contended that complainant, holder of SB A/c 10620144171 with SBI Palakkad Branch had withdrawn Rs.5000/- from the SBT Walayar ATM (ATM ID-SIOG700418002) on 15-1-2015 vide transaction No.1658 at 07.46 AM. On 16-1-2015 he had withdrawn Rs.5000/- from another nearby ATM of some other bank (Axis bank or Canara bank). The allegation of complainant that on 16-1-2015 morning he went to ATM counter of SBT Walayar branch and tried to withdraw Rs.5000/- but he did not get the amount which was not true.
After getting complaint from the complainant, opposite party has raised an ATM complaint to SBT through their complaint resolution channel and that was rejected by SBT stating that the said transaction was fully successful. This fact was informed to the complainant. Therefore there is no deficiency in service on the part of opposite party. Hence complaint is liable to be dismissed.
Evidence adduced by the Complainant consists of his chief affidavit and Ext.A1 and A2. No affidavit was filed by the opposite party.
The following issues are considered
1.Whether there is deficiency in service on the part of opposite party?
2.If so, what is the relief?
Issue 1& 2
It is an admitted fact that complainant has savings account with the opposite party. Ext.A1 and A2 proved that the complainant filed a complaint before the opposite party and ombudsman for crediting Rs.5000/- which was illegally debited from his account. In order to prove the case, the complainant has to produce slip which was obtained from the SBT Walayar Branch. Similarly he has to produce his bank pass book or statement of account before the forum in order to show that opposite party wrongly debited Rs. 5000/- from his account. Those documents are the best evidence of the complaint. Without those main documents we cannot came to the conclusion that complainant had a loss of Rs.5000/- by the deficient act of opposite party. In the above circumstances we are of the view that the complainant failed to prove his case.
In the result complaint is dismissed.
Pronounced in the open court on this the 28th day of March 2016.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan,
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Copy of complaint dtd.18/2/2015 addressed to Bank Manager
Ext.A2 – Copy of complaint addressed to banking Ombudsman dated 26/5/15
Exhibits marked on the side of complainant
Nil
Cost
No cost allowed.
