Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.09.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund Rs. 10,000/- ( Rs. Ten Thousand only ) along with 12% interest.
- To direct the opposite parties to pay Rs. 20,000/- ( Rs. Twenty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that on 10.07.2012 at about 5:00 PM the complainant has tried to withdraw Rs. 10,000/- from ATM situated at Sitlamata, Gurgaon, Haryana. The aforesaid money was not delivered to the complainant due to some technical fault. Thereafter, the complainant immediately informed customer care center and from there the complaint no. was given as 58096763 to the complainant. The complainant has also approached the officials of the bank who did not take care. Thereafter on 23.07.2012 and 03.08.2012 the complainant gave a written complaint to opposite party no. 1 but his grievance has not been redressed.
From record it appears that on behalf of opposite parties a vakalatnama was filed on 04.02.2013 but till the hearing of this no written statement was filed and hence this case was heard ex – parte.
The complainant has asserted that he had attempted to withdraw Rs. 10,000/- in Gurgaon, Haryana but withdrawal slip has not been filed.
It appears that either complainant has made attempt or the machine could not deliver withdrawal slip.
As there is no written statement on behalf of opposite parties hence we are not in a position to know about steps taken by the opposite parties. The representation filed by the complainant vide annexure – 1 and 2 are still pending.
It is most unfortunate that annexure – 1 and 2 belongs to year 2012 but no action has been taken by the bank.
In view of the aforesaid fact and circumstances we direct the complainant to file a detail representation with the copy of this order before the opposite parties within period of one month from the date of receipt of this order or certified copy of this order and if such application is filed by the complainant then opposite parties are directed to pass appropriate order with a period of two months from date of filing of such application.
For the discussion made above this complaint petition stands disposed off in the light of aforementioned direction.
It is hoped that authority will take appropriate action against the person concerned persons who have not passed order on the aforesaid representation of complainant, if it is true.
Member President
