Delhi

North East

CC/28/2019

Sh. Pramod Kumar - Complainant(s)

Versus

The Branch Manager, Corporation Bank - Opp.Party(s)

09 Oct 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 28/19

 

In the matter of:

 

	Shri Pramod Kumar S/o Shri Govind Ram R/o:- Pan Mohalla, Tanki Road Murad Nagar, District Ghaziabad, U.P.   Also at:- Shri Pramod Kumar Delhi Jal Board, EE (E&M) W&S-NE Pocket-A, Dilshad Garden Delhi Delhi-110095	Complainant
	Versus
	The Branch Manager Corporation Bank, F-14, Dilshad Colony Dilshad Garden, Delhi-110095	Opposite Party

 

DATE OF INSTITUTION:       JUDGMENT RESERVED ON:               DATE OF DECISION      :

06.03.2019 09.10.2020 09.10.2020

 

Mr. Arun Kumar Arya, President

Ms. Sonica Mehrotra, Member

 

ORDER

Mr. Arun Kumar Arya, President (Addl. Charge)

 

1. The case of the complainant is that he is an account holder of OP having savings bank account therewith bearing No. 520451007450641 at its Dilshad Garden Branch, Delhi. On 08.08.2018 and 09.08.2018, the complainant’s account held with OP got debited by a sum of Rs. 40,000/-through ATM withdrawal in such a way that Rs. 20,000/- was debited twice on 08.08.2018 and 09.08.2018 of each debit of Rs. 10,000/- four times in these two days. The complainant, on discovering such debit immediately approach the OP at its office and asked for reversal of the said amount back in his account since the said withdrawal were not made by him but OP did not pay heed to any such plea of the complainant. The complainant lodged a written complaint with PS Seemapuri Delhi on 16.08.2018 vide DD no. 51B against the OP’s in action and also got his ATM card blocked on the same date. On 05.11.2018, the OP gave shadow credit of Rs. 40,000/- back in the account of the complainant of Rs. 10,000/- each four times but again the said amount of Rs. 40,000/- was deducted from the complainant’s account of Rs. 10,000/- each four times on 11.01.2019. the complainant got issued a legal notice dated 23.01.2019 through his counsel to the OP calling upon to OP to credit back the wrongly deducted sum of Rs. 40,000/- back in his account but the said legal notice went un-responded too. Therefore as a last resort, the complainant alleging deficiency in service, callous and negligent attitude on the part of OP which has caused him harassment, tension, mental agony and financial loss was constrained to file the present complaint praying for issuance of direction praying for issuance of direction against OP to remit back Rs. 40,000/- in his account held with OP and also to pay compensation of Rs. 50,000/- for mental agony, financial loss and Rs. 50,000/- towards litigation expenses.
2. Complainant has attached copy of passbook entry highlighting debit of Rs. 40,000/- from complainant’s account on 08.08.2018 and 09.08.2018, shadow credit of the said amount given on 05.11.2018 and debit of the said amount again on 11.01.2019, copy of police complaint dated 16.08.2018 by complainant against OP with PS Seemapuri, Delhi and copy of legal notice dated 23.01.2019 issued by complainant’s counsel to OP alongwith original dispatch proof / postal receipt.
3. Notice was issued to OP on 12.03.2019. None appeared on behalf of OP despite service effected on 20.03.2019 and was therefore proceeded against ex-parte vide order dated 19.09.2019.
4.  Complainant filed ex-parte evidence and written arguments on 06.11.2019 and 19.12.2019 respectively reiterating his grievance made in his complaint.
5. We have carefully perused the case file and material documents placed on record therewith.

The debit of Rs. 40,000/- is clearly established from the passbook entry of the complainant with respect to his account held with OP as also the

shadow credit of the said amount given on 05.11.2018 and debit of the said amount again on 11.01.2019 from the complainant’s account . The complainant had made sincere efforts by way of intimating OP of the said wrongful debit as well as with the concerned police station. OP cannot shirk its responsibility and duty towards its customer but it failed to place on record any switch report, no excess cash certificate, JP Log / E- Journal which in such cases are mandatorily required and recognised/ admissible defence for the bank in disputed ATM transaction cases nor could put forth any defence for firstly debiting the said amount then giving shadow credit of the same and lastly debiting it again. No documentary evidence has been filed by OP in the present case in sheer act of callousness and irresponsibility towards the complainant. As per RBI, the shadow reversal is given by the bank on being notified by its customer of any amount involved in unauthorized electronic transaction to the customer’s amount within 10 working days from the date of such notification by the customer which credit in the said case was given by the OP on 05.11.2018 i.e. almost three months from the debit and was yet again debited from complainant’s account after two months in January 2019 without any cogent reason or explanation.

We therefore find OP deficient in service in having firstly debited the complainant’s account with Rs. 40,000/-, then given shadow credit after almost three months and then debited again the said amount without any explanation or justification coupled with the fact that the OP failed to address the problem of the complainant. We therefore find merit in the case of complainant and give him benefit of doubt in the absence of rebuttal by OP due to its non-appearance in the matter and accordingly direct the OP to refund / remit the wrongful debit of Rs. 40,000/- back to the account of the complainant held with OP.

We further award a sum of Rs. 3,000/- as compensation for mental pain and agony and harassment suffered by the complainant inclusive of litigation charges payable by OP to complainant. Let the order be complied with by OP within 30 days from the date of receipt of copy of this order.

6. Let a copy of this order be sent to each party free of cost as per Regulation  21 (1) of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on  09.10.2020

 

(Arun Kumar Arya)      President

(Sonica Mehrotra)  Member