The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Branch Manager, State Bank of India, Main Branch, Balasore, O.P No.2 is the Branch Manager, ICICI Bank Ltd., O.T Road, Balasore and O.P No.3 is the General Manager, ICICI Bank, OCCF Building, Bhubaneswar.
2. The case of the Complainant in brief is that the Complainant has a Savings Bank A/c No.11157567344 in the branch of O.P No.1 and he used to withdraw money from different A.T.M through his A.T.M card issued by the O.P No.1. The Complainant had tried to withdraw Rs.10,000/- (Rupees Ten Thousand) only on dtd.29.10.2018 through his A.T.M card in the A.T.M of the ICICI Bank situated at Motiganj Bazar. But, the Complainant had not received any cash/ money from the said A.T.M machine, rather received a receipt showing that a sum of Rs.10,000/- (Rupees Ten Thousand) only has been debited from his S.B Account. So, the Complainant immediately complained to S.B.I call centre through online and also visited the O.P No.1 and also the O.P No.1 had given assurance that the said amount of Rs.10,000/- (Rupees Ten Thousand) only shall be credited to the account of the Complainant within 7 days. But after 7 days, the O.P No.1 did not take any steps for recovery of the said amount of Rs.10,000/- (Rupees Ten Thousand) only. In the mean time, the Complainant had visited to the Bank of the O.P No.2 & 3 and intimated them about his grievance, but they had said that it is the responsibility of the O.P No.1 to search about the missing amount of Rs.10,000/- (Rupees Ten Thousand) only. However, for the last time on dtd.15.01.2019, the Complainant had visited the Office of O.P No.1 and requested him to take action with respect to refund of Rs.10,000/- (Rupees Ten Thousand) only to his account, but the O.P No.1 denied to take any action, which causes harassment to the Complainant. Thus, finding no other way, the Complainant has filed this case in the Forum for necessary relief as there is deficiency of service on the part of the O.Ps. Cause of action to file this case arose on 15.01.2019. The Complainant has prayed for directing the O.Ps to credit the aforesaid amount of Rs.10,000/- (Rupees Ten Thousand) only with Bank interest to his S.B Account along with compensation and litigation cost.
3. Though sufficient opportunities were given to the O.Ps for their appearance, but they have neither appeared nor filed their written version in this case. So, the O.Ps are set ex-parte.
4. In order to substantiate their claim, the Complainant has filed certain documents as per list, whereas the O.Ps have not filed any documents in their support. It has been argued on behalf of the Complainant that when he operated the A.T.M card for withdrawal of Rs.10,000/- (Rupees Ten Thousand) only in the A.T.M of the ICICI Bank situated at Motiganj Bazar, but the money of Rs.10,000/- (Rupees Ten Thousand) only had not been disbursed from the said A.T.M, rather the amount of Rs.10,000/- (Rupees Ten Thousand) only has been debited from his S.B Account and when he failed to receive the same from the A.T.M, he approached the Bank Authorities i.e. the O.P No.1-S.B.I, where he has the S.B Account and the O.P No.2 & 3-ICICI Bank, in whose A.T.M, the Complainant has operated his A.T.M card. But, the above said Bank Authorities-O.Ps without giving any importance to his claim/ allegation remained silent though they have promised to take appropriate action. So, due to inaction of the Bank Authorities-O.Ps in this regard, the Complainant not only sustained for financial loss, but also harassed by them though it is the duty of the Bank Authorities-O.Ps to satisfy the Customer/ Complainant about this transaction to his account, which is genuine and proper. But in this case, by remaining silent by the Bank Authorities-O.Ps not only it creates a doubt in the mind of the Complainant, but in general it shows that some mischievous activities have been taken place. If the Bank Authorities-O.Ps would have taken a little pain, the matter should have been settled. So, it amounts to deficiency of service on the part of the Bank Authorities-O.Ps, for which the Complainant is to be compensated accordingly.
5. So, now on careful consideration of all the materials available in the case record, I am in the opinion that all the Banks are jointly and severally liable to return a sum of Rs.10,000/- (Rupees Ten Thousand) only along with Rs.2,000/- (Rupees Two Thousand) only towards compensation and Rs.1,000/- (Rupees One thousand) only towards cost of litigation to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum for the total amount including compensation and litigation cost from the date of order till realization. Hence, ordered:-
O R D E R
The Consumer case is allowed on ex-parte against the O.Ps with cost. The O.Ps are jointly and severally directed to return a sum of Rs.10,000/- (Rupees Ten Thousand) only along with Rs.2,000/- (Rupees Two Thousand) only towards compensation and Rs.1,000/- (Rupees One thousand) only towards cost of litigation to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum for the total amount including compensation and litigation cost from the date of order till realization. In case of failure by the O.Ps to comply the order within the stipulated time frame, the Complainant is at liberty to realise the same amount from the O.Ps as per law.
Pronounced in the open Forum on this day i.e. the 24th day of December, 2019 given under my Signature & Seal of the Forum.