Date of filing:- 13/01/2020.                                                                                Date of Order/Judgement:-26/09/2023.                                         

                                           DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION

B  A  R  G  A  R  H

CONSUMER COMPLAINT  NO.  6  OF  2020.

                Sitanshu Sekhar Joshi, Son of Sri Harsha Kumar Joshi, aged about 39 years, resident of Bijaynagar, Padampur, Po/Ps. Padampur, Dist. Bargarh.

                                                                                                                    Complainant.

-: V e r s u s :-

The Branch Manager, State Bank of India, Padampur, Bazar Branch, Padampur, Po/Ps. Padampur, Dist. Bargarh.

                                                                                                                                             Opposite Party.

Counsel for the Parties:-

For the Complainant :-           :-  Sri B.N. Sahu  with Associates.

For the Opposite Party:-         :-  Sri Bahadur Behera with Associates.

                                    -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.26/09/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Jigeesha Mishra, President :-

1. The Case of the Complainant is that the Complainant  is an account holder in the State Bank of India, Padampur Bazar Branch vide account No. 36440555909. A sum of Rs. 20,000/-(Rupees twenty thousand)only, Rs. 14,000/-(Rupees fourteen thousand)only and Rs. 500/-(Rupees five hundred)only has been debited from the account of the Complainant on 06/05/2019 by the mode of withdrawal through the ATM card from the ATM of Habibganj, Bhopal, Madhya Pradesh. At that time the ATM card was in the pocket of the Complainant. The Complainant shocked when he got the message about the withdrawal. The Complainant immediately contacted the Opposite party and made Complaint through NET/toll free phone No. 1800-1111-09 and his Complaint were registered vide Ticket No. 5484421443, 5484426859 and 5484430780. The Complainant also lodged report before Padampur Police station. On Dt. 13/11/2019 the Opposite Party Bank intimated the Complainant through letter No. Gen/70 dated 13/11/2019 that after enquiry the Committee has declined the proposal and the claim of the Complainant under ATM SOP has been rejected. The Opposite Party Bank is the custodian of the money of Complainant. Due to Lapses in security system of the Bank and due to inadequacy of service and safety on the part of the Opposite Party the Complainant has suffered enormous mental and financial damage. Hence the Complainant filed this case before this Commission.
2. The case of the Opposite party is  the Opposite Party filed its version and admitted that the Complainant is an account holder vide account No. 36440555909. The Opposite Party submitted that the Banking ombudsman examining the fact and circumstances of the case and was inclined to award only the monetary loss of Rs. 34,500/-(Rupees thirty four thousand five hundred)only which the Complainant has already got. Hence there is no deficiency on the part of the Opposite Party and prayed for dismissal of the case.
3. Perused the Complaint petition, version and documents filed by the parties and following issues are framed:-

ISSUES:-

1. Whether the Opposite parties are deficient in service ?
2. What relief the Complainant is entitled to get ?

Issue No.1. 

            After perusal of record it reveals that on 03/11/2019 the Opposite party rejected the claim of the Complainant. After passing of Order dated 30/01/2020 by the ombudsman the Opposite Party Bank credited the amount of Rs. 34,000/-(Rupees thirty four thousand)only in the account of the Complainant on 06/02/2020. The Complainant lodged Complaint within 3 working days. As per RBI guideline the liability of the Complainant is zero liability. The Opposite Party Bank without resolving the matter rejected the claim of the Complainant which amounts to deficiency in service on the part of the Opposite party. The issue is answered accordingly.

Issue No.2.

For deficiency in service of the Opposite Party  the Complainant is entitled to get relief. The issue is answered accordingly.

As per supra discussion the following order is passed.

O R D E R

The Complaint is allowed on contest against the Opposite Party. The Opposite Party is directed to pay Rs. 10,000/-(Rupees ten thousand)only compensation for harassment and mental agony and Rs. 5,000/-(Rupees five thousand)only for litigation expenses  to the Complainant within one month of this Order. Failing which the entire amount will carry 12% interest P.A. till realization.

Order pronounced in open court on this 26^th day of  September 2023.

            Supply free copies to the parties.  

      Typed to my dictation

                                                                                                      and corrected by me.                                                                                            

                 I  agree/-                                                                       

       ( Smt. Anju Agrawal)                                                                  (Jigeesha Mishra)

              Dt.26/09/2023                                                                            Dt.26/09/2023.

              M e m b e r  (w)                                                                        P r e s i d e n t