Ld. Advocate(s)
For Complainant: Rajdeep Majumder
For OP/OPs: none
Date of filing of the case :19.03.2021
Date of Disposal of the case : 03.05.2023
Final Order / Judgment dtd.03.05.2023
Complainant above name filed the present complaint u/s 35 of the Consumer Protection Act 2019 against the aforesaid OPs praying for credit of Rs.10,000/- to his SB Account, Rs.1,000/- as compensation and Rs.1,000/- as litigation cost.
He alleged in the petition of complaint that he has one SB account vide no. 1045104000016314, vide Consumer ID under OP no. 1 with facility of ATM Card. OP no. 2 is head of office of OP no.1. On 24.06.2020 complainant attempted to withdraw an amount of Rs.10,000/- from the AXIS Bank ATM at Nutan Bazar, Krishnagar, Nadia. But no cash came out from the ATM machine. Aforesaid Rs.10,000/- had been debited from the Saving Bank Account of the complainant. Complainant informed the said matter to OP no. 1 on 01.07.2020 but said prayer was rejected. Complainant further requested him to take necessary action for recovery of aforesaid amount but OP no. 1 did not take any steps.
OP no. 1 and 2 could peruse CCTV footage for ascertaining the actual truth but they did not take any such attempt.
On perusal of order 8 dtd. 29.08.2022 we find that this Commission on perusal of Postal T/R and Postal receipt of OP no. 1 and 2 found that notice served upon OP no.1 on 01.04.2021 and notice served upon OP no.2 on 05.04.2021 but they neither appeared before this Commission nor filed W/V till 29.08.2022.
Hence, as per order dtd. 29.08. 2022 case is running ex-parte against OP no. 1 and 2.
TRIAL
During trial complainant filed affidavit-in-chief.
DOCUMENT
During trial complainant filed following documents.
- One copy of letter dtd. 13.07.2020.
- One copy of letter dtd. 01.02.2021
- Original pass book of the complainant in respect of aforesaid account number.
ARGUMENT
Ld. Adv. for the complainant argued before this Commission that complainant has an ATM card in respect of aforesaid account and he took attempt for withdraw of Rs.10,000/- from ATM machine of AXIS Bank at Nutan Bazar, Krishnagar, Nadia but no cash came out
He requested OP no.1 and 2 to look into matter as said amount has deducted from his Saving Bank Account but they did not a pay any heed.
Hence, he filed this case for refund of the said amount.
He also prayed for compensation and litigation cost.
DECISION WITH REASONS
It is the allegation of complainant that on 24.06.2020 he took an attempt to withdraw the amount of Rs.10,000/- from AXIS Bank ATM at Nutan Bazar, Krishnagar, Nadia but no cash was came out from ATM Machine but Rs.10,000/- had been deducted from his aforesaid saving Bank Account. He then by filing a letter requested OP no. 1 and 2 for refund of the said amount but they did not took any such attempt.
Hence, he filed this case.
It is the allegation of the complainant that he by using ATM card in respect of aforesaid account which lying under OP no.1 took attempt to withdraw Rs.10,000/- from the ATM of AXIS Bank at Nutan Bazar, Krishnagar, Nadia but no cash came out from the ATM machine. His next contention is that Rs.10,000/- had been deducted from his aforesaid account.
Now the question comes before this Commission that actually Rs. 10,000/ were came out or not from aforesaid AXIS Bank ATM machine situated at Nutan Bazar, Krishnagar, Nadia. Said ATM machine is within the control of AXIS Bank Authority. Even he did not make AXIS Bank Authority to party in this case.
If he would made AXIS Bank Authority as a party, then knowing the said fact they could learnt actual position whether cash was came out or not.
Even the complainant did not inform AXIS Bank authority about the aforesaid incident.
It is not possible for the OP no. 1 and 2 to verify said ATM machine or footage of CCTV because those ATM machine is under the control of them.
We have carefully gone through the affidavit-in-chief of the complainant and also the documents of record.
We find that complainant did not make any communication with the AXIS Bank authority.
He did not state the actual fact to the AXIS Bank authority for verification of the matter.
There is no explanation in the petition of complaint or in the affidavit-in-chief as to why complainant did not make party to the AXIS Bank authority as party in this case.
Having regard to the aforesaid decision it is clear before us that complainant failed to establish the aforesaid allegation and accordingly he is not entitled to any kind of relief.
In the result present case fails.
Hence,
It is
Ordered
that the present case be and the same is dismissed ex-parte but without any order as to costs.
Let a copy of this order be supplied to the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We, concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MILLIKA SAMADDAR)
