West Bengal

Dakshin Dinajpur

CC/22/2023

Mr. Birendra Chandra Sarkar, S/O- Late Umesh Chandra Sarkar - Complainant(s)

Versus

The Branch Manager, Punjab National Bank, Safanagar Branch - Opp.Party(s)

Pintu Sarkar

06 Oct 2023

ORDER

            The instant case has been initiated by the complainant U/S – 35 of Consumer Protection Act, 2019 against the Opposite Party claiming an amount of Rs.3,000/- along with interest up to date of payment + compensation Rs. 10,000/- ( total Rs.13,000/- )

            The fact of the case, in brief, is that the petitioner is a consumer of Punjab National Bank Safanagar Branch/ Opposite Party vide savings Account No- 1366010101940 and bearing a ATM card under this savings account which is issued by the Opposite Party. On 20.02.2022 the petitioner needed urgent money for purchasing the medicine. He reached the nearest S.B.I ATM counter which situated at Safanagar Market and his aforesaid ATM card was pushed in ATM machine for withdrawal the money of Rs. 3000.00 and  the petitioner saw in ATM machine screen that money was debited and get a message on his registered mobile number but the petitioner did not get the money from the ATM machine which he wanted to withdraw and petitioner shocked. Thereafter, the petitioner instant contact by phone call to Bank toll free number and a complaint was registered and the toll free customer care centered told within 5 days the debited money will be sent back or credited in your account. But after 5 days the money was not credited in petitioner’s account. Then the petitioners as many as 5 times made phone call to toll free customer care and told to do the same. But the petitioner did not get any relief. On 22.03.2022 at the last time call to toll free number customer care and customer care told contact the Branch Manager. Thereafter, the petitioner filed a written complaint to the Branch Manager, Punjab National Bank Opposite Party but the Manager did not took the complaint or received and the Opposite Party refused to the petitioner. The cause of action arose on 20.02.2022 when the money of Rs. 3000.00 debited from the account and lastly the Opposite Party Manager refused to receive complaint copy. The neglected attitude, behavior hurt the complainant very much and the complainant totally depressed and suffered from mentally, physically or economically harassment.  Having no alternative, the Complainant filed the instant case for relief as mentioned in the plaint.            

           Notice was duly served upon the opposite Party and in spite of receiving the notice, as reflected in the Postal Track Consignment Report, the Opposite Party did not appear before this Commission so, the case is proceeded ex-parte.

           To prove his case, the complainant has filed photo copies of the following documents - 

           (i)   Complaint letter filed before AD, CA&FBP.

           (ii)  Complaint letter to Bank Manager.

           (iii) Text message from PNB.

           (iv) CRPC statement.

           (v)  PNB Pass Book.

           (vi) Voter Card of the Complainant.

           (vii) Aaadhaar Card of the Complainant.

           (viii) Statement of Account.

                                                                      DECISION WITH REASONS

 

              We have heard argument by the Ld. Advocates for the Complainant at length. We have also gone through the written examination – in – chief,   written argument filed by the Complainant. We also perused the documents submitted by the Complainant.

              At the time of argument Ld. Advocate for the Complainant narrated the facts of the case as mentioned in the complaint and submitted that the Opposite Party is very much negligent in rendering service to his bona-fide customer. Due to the negligent act / deficiency in service and non-refunding the amount of the by the Opposite Party, the Complainant met with an irreparable financial loss and mental pain and agony. The documents produced by the Complainant proved his case so, he is entitled to get the relief.

                     On perusal of the text message send by VM-PNBSMS, it appears that a sum of Rs. 3,000/- has been debited from the account of the Complainant but in fact the said amount was not received by the Complainant through ATM 20.02.2022. It is the contention of the Complainant that he made contact with the customer care centre through toll free number for five times and he was assured that the amount will be credited in his account within five days but he got no result. Lastly, he was suggested by the customer care centre to contact with the Branch Manager of the Opposite Party / Bank. Thereafter, the Complainant lodged a complaint on 23,03,2022 before the Branch Manager of the Opposite Party / Bank.

         Here, It appears that the said complaint dated 23.03.2022 was duly received by the Opposite Party but failed to credit the amount of Rs.3,000/- in the Bank Account of the Complainant. It further appears from the statement of account of the Complainant that on 20.02.2022 a sum of Rs.3,000/- has been withdrawn from the account of the Complainant through ATM. So, the case of the Complainant is believable and considerable. Apart from it, the Opposite Party did not contest the case in spite of valid service of notice upon him.

               In view of the above mentioned discussions, it is clear that the Complainant is a consumer under the Opposite Party and there is deficiency in service on his part. So, the Complainant is entitled to get relief as prayed for.

 

 

 Hence, it is

                                                                              O R D E R E D

 

            That the Consumer Case No. 22 of 2023 is allowed ex parte against the Opposite Party in part but with cost.

            The Opposite Party is directed to pay a sum of Rs.3,000/-  together with an interest @ 8% p.a. from 20.02.2022 till full realization by

crediting the said amount in the Bank Account of the Complainant being no. 1366010101940  within 45 days from the date of passing of this order failing which the Complainant is at liberty to execute the order according to law. The Opposite Party is further directed to pay a sum of Rs. 2,000/- towards compensation within the said period.

       Let a plain copy of this order be supplied to the parties free of cost.