IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC /22/2015.
Date of Filing: 16.02.2015. Date of Final Order: 31.05.2016.
Complainant: Sanjib Saha, S/O Laxmi Saha, 48, Babul Bona Road, P.O. Cossimbazar Raj,
P.S. Berhampore, Dist. Murshidabad. Pin 742102.
-Vs-
Opposite Party: The Branch Manager, Allahabad Bank, Berhampore Branch, P.O. Khagra,
P.S. Berhampore, Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
This complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 praying for payment of Rs.20, 000/- and compensation of Rs.5,000/-.
The complainant’s case, in brief, is that the complainant inserted his ATM card in the ATM machine of OP-Bank at Cossimbazar ATM for withdrawing Rs.20, 000/- on 18.12.14 but said money was not disbursed. Then the complaint again tried but failed. Where, his passbook shows debit of Rs.20, 000/- in his A/c . The complainant informed the same to the OP who gave assurance for crediting the said amount of Rs.20,000/- in his A/c bearing No. 50181931440 but in vain in spite of repeated request lastly on 16.01.15 having rude behaviour lodge G.D with Berhampore P.S. on the very d ay. Thereafter, the complainant filed this case, Hence, the instant complaint.
The written version filed by the OP Bank, in brief, is that the OP has categorically denied the allegation of the complainant. The transaction for cash withdrawal of Rs.20, 000/- on 18.12.14 by the complaint through ATM card from Cossimbazar ATM Machine of O-Bank ATM machine was a valid transaction. The complainant did not inform the same to the OP-Bank in time and for that the case is liable to be dismissed. Hence, the instant written version.
Considering the pleadings of both parties the following points have been fixed for the disposal of the case.
Point for decision.
- Whether the complainant has locus standi to file the present case?
- Whether the complaint is barred by law of limitation?
- Whether the complaint is hit u/s 34 of S.R. Act.
- Whether the complainant is entitled to get the relief/reliefs as prayed for?
- To what other relief/reliefs the complainant is entitled to get.
Decision with Reasons
The instant complaint is praying for crediting Rs.20, 000/- in his bank A/C and for compensation.
The complainant‘s case is that on 18.12.14 at Cossimbazar OP Bank ATM machine the complaint inserted his ATM card for withdrawal of Rs.20, 000/- but no money was came out from that machine where pass book shows transaction was completed.
On the other hand, the OP Bank has challenged the complaint’s case and raised objection that the transaction was valid and the allegation of the complainant is after thought and false.
To prove the complainant’s case, he has adduced his evidence on affidavit and Xerox copies of relevant documents in support of his case.
On the other hand, the OP-Bank has adduced one copy of passbook of the complainant in support of their case.
This document filed by the OP-Bank is the bank statement of the Pass-Book of the complainant’s A/c in the OP-Bank showing only debit of Rs.20, 000/- on 18.12.14 the relevant date.
The complaint has filed documents showing transaction through ATM Card on 18.12.14 at 13:05:14 was undivisible.
The complainant has also filed Bank statement of his Pass-Book showing debit of Rs.20, 000/- in his A/c.
The complaint has lodged G.D. with Berhampore P.S. in this regard and has also adduced evidence on affidavit with the allegation that cash was not disbursed from the ATM machine.
The complaint has discharged his primary onus. But the OP has not adduced any cogent evidence to rebut the evidence adduced by the complaint or in other words to prove that the complainant got the c ash of Rs.20,000/- for the transaction of withdrawal of the said amount through ATM machine or the machine disbursed the said c ash amount of Rs.20,000/-.
Considering the above discussions we can safely conclude that the complainant has sufficiently established his case and entitled to get back Rs.20, 000/- by crediting the same in his A/C along with interest @ 7% p.a.
On the basis of the above discussions we find that all those points are disposed of in favour of the complainant in part and as such Rs.20,000/- along with interest @7% from 18.12.14 till realization be credited in the A/C of the complainant within two months.
Hence,
Ordered
that the Consumer Complaint No. 22/2015 be and the same is allowed on contest but in part without any order as to cost.
The complaint is entitled to get back Rs.20,000/- along with interest @7% p.a. from 18.12.14 till realization.
The OP is directed to credit the amount of Rs.20, 000/- along with interest @7% p.a. from 18.12.14 till realization in the A/C of the complainant within two months from the date of this order, f ailing which the OP is to pay Rs.100/- as fine for each day’s delay and the amount so accumulated shall be deposited in the State Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President
