Hon’ble Mrs. Rumpa Mandal, Member.
The Complainant Subhashis Bhattacharjee is a customer/Consumer of O.P. NO.1 of Bandhan Bank, Cooch Behar Bazr Branch, N.N. Road, P.O. Cooch Behar Bank Id No.1325 having saving A/C No.10220001104011 and ATM Card No.5689681796795318. On 18.05.2022 he used ATM card due to urgent money in the counter of O.P. No.2 Bandhan Bank, situated at Cooch Behar. Accordingly, he pushed the ATM for withdrawing Rs.10,000/- first time and he received that amount. On that same day he pushed the ATM card in machine in second time for withdraw of Rs.10,000/- but he did not receive any cash. On the same date OP filed written complaint before the OP Bank. On that very day OP further credited the disputed amount of Rs.10,000/- in the account of the Complainant but on the same day OP whimsically further deducted of Rs.10,000/- from the account of the Complainant. Subsequently, Complainant informed the total matter before the OP and the OP assured the Complainant credited the disputed amount of Rs.10,000/- within short period. But the OP Bank did not disburse the amount on 30.05.2022 Complainant filed a written complaint before the OP. Thereafter Complainant requested several times before the OP Bank for showing the CC TV footage and JP Log of ATM machine, but till today OP did not show CC TV footage and JP Log before the Complaint. Despite receiving the said complaint the O.Ps did not do anything. The misdeeds of the OP amounts to deficiency in service. The Complainant therefore prayed for directing the OP to credit Rs.10,000/- the account of the Complainant and to direct the OP to produce CC TV footage and JP Log on the dispute transaction dated 18.05.2022 before the Commission. The Complainant therefore prayed for directing the OP to credit of Rs.60,000/- as deficiency in service and mental pain and agony with further cost of Rs.10,000/- with litigation cost.
Notice has been served upon OP. Despite service of notice as per track report of postal Department dated 06.07.2022. Nobody appears on behalf of the OP. OP did not contest the case. Accordingly the case is decided to be heard ex-parte against the OP.
The Complainant in order to establish the claim adduced evidence on affidavit and documents before this Commission.
Perused the pleadings of the Complainant and the documents in the case record. Heard the arguments advanced by the Ld. Advocate for the Complainant. The statement made in the evidence on affidavit are absolutely consonance with the averments made in the complaint petition.
The Complainant in order to establish the case produced and proved the following documents:-
- Annexure-1 Copy of account statement.
- Annexure-2 Copy of ATM Card.
- Annexure-3 Copy of written complaint dated 18.05.2022.
- Annexure-4 Copy of written complaint dated 30.05.2022.
All the aforesaid documents proved by the Complainant stand unchallenged and undiscarded in as much as the case is heard ex-parte.
After perusing all the documents adduced in evidence by the Complainant, it transpires that the Complainant inserted the ATM card at the ATM Kiosk for withdrawing money of Rs.10,000/- in two times on the inauspicious day of 18.05.2022 at the counter of OP bank with ATM card, but in second time no money came out from the concerned machine.
Having perused the entire evidence of the respective parties it stands well proved that there was no latches on the part of the Complainant for the loss sustained by him due to the said transaction. Due to the said unsuccessful transaction the Complainant sustained a loss of Rs.10,000/- which tantamounts to deficiency in service on the part of the OP which demands for compensation for suffering mental pain and agony.
Thus after assessing the entire oral and documentary evidence, the case of the Complainant could not be disproved since the case is heard ex-parte.
In the light of the aforesaid discussion and observation made in the foregoing paragraphs a reasonable inference is drawn that the Complainant successfully proved the case as consumer against the OP and OP is under deficiency in service which caused mental pain and agony.
Accordingly, the case of the Complainant succeeds ex-parte against the OP.
Hence, it is
Ordered
That the complaint Case No.CC/31/2022 be and the same is allowed ex-parte with cost.
The Complainant do get an award to credit of Rs.10,000/- in the account of the Complainant.
The OP is further directed to pay Rs.10,000/- for deficiency in service as well as mental pain and agony and for cost of proceeding Rs.10,000/- total of Rs.30,000/-(Rupees Thirty thousand) only within the 30(thirty) days from the date of passing the Final Order to the Complainant failing which the OP shall pay an interest @ 6% per annum on the awarded sum i/d the Complainant shall be entitled to execute the award as per provision of Law.
Let a plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.
The copy of the Final Order is also available in the official Website www.confonet.nic.in.
Dictated and corrected by me.
