DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC – 126  of   2017

 

Sri Shiv Dout Barua,

S/O- Sri Purnabrata Barua,

Chandrapur, Pashchim Para,

Indra Nagar, P.S. East Agartala,

West Tripura. ….........…...Complainant.

 

        -VERSUS-

 

1. The Branch Manager,

STATE BANK OF INDIA,

Agartala Branch,

H.G.B. Road, P.S. West Agartala,

Agartala, West Tripura.

 

2. Regional Manager,

    UNITED BANK OF INDIA,

Agartala, Tripura Region,

Near Durga Bari, Agartala,

P.O. Agartala, West Tripura. .............. Opposite Parties.

 

__________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. DR. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C o u n s e l

 

For the Complainant : Sri Alak Datta,

Sri Nabajit Kumar Biswas,

Sri Bhaskar Debroy,

Sri Swarup Pandit,

Sri Anjan Debnath,

    Advocates.   

 

For the O.P. No. 1 : Sri Amritlal Saha,

    Sri Kajal Nandi,

    Advocates.  

 

For the O.P. No. 2 : Sri A. Ray Barman,

  Miss Leena Sarkar,

    Advocates.

 

 

  

JUDGMENT  DELIVERED  ON:  16.05.2018.

 

J U D G M E N T

This case arises was instituted on the basis of the complaint filed by one Shiv Dout Barua U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on 06.06.17 complainant went ATM of UBI, Dhaleswar for withdrawing some amount from UBI ATM but failed then he went SBI ATM and withdrawn Rs.300/-.  But after some time he received SMS that an amount of Rs.2,000/- was withdrawn from the ATM  from UNB ATM at Dhaleswar. Complainant went to the office of the bank. Complaint was registered. Thereafter he made enquery but without any result.  The officials misbehaved with him. Rs.2,000/- was deducted from his account without any cause. 

 

2. O.P. United Bank appeared filed written statement denying the claim. It is stated that the complainant  successfully withdrawn Rs.2,000/- through his ATM card.

 

3. Written statement also filed by SBI. It is stated that actually amount has been withdrawn from UBI ATM by the petitioner. Accordingly the amount was deducted from the account. There is no fault by SBI . 

 

4. On the basis of contention on made by both the parties following points cropped up for determination for determination:

(I) Whether the petitioner had withdrawn Rs.300/-  but Rs.2,000/- was deducted excess amount?

(II) Whether there was deficiency of service by the O.P. and petitioner was entitled to get compensation for deficiency of service?

 

5. Petitioner produced 2 transaction details, online complaint, demand notice, withdrawal slip and statement of account. Also produced the statement of affidavit of Shiv Dout Barua.

 

6. O.P. on the other hand produced the statement on affidavit of Sashankalal Choudhury, deputy Manager. In addition produced the statement of account and CMS report. 

 

7. On the basis of all these evidence we shall now determine the points.

 

Findings and decision:

8. We have gone through the CMS report and found that Rs.2,000/- was withdrawn from the account at UBI at 8.54 PM. Available balance was Rs.2557/-. Rs.300/- was withdrawn from SBI ATM, Dhaleswar Branch on 06.08.17 same date on 08.50 PM. just after 2 minutes of first transaction. Thereafter balance shown again Rs.2257.01/-. Complaint was received and it was resolved stating that transaction was successful.

 

9. We have gone through the statement of account and found that firstly Rs.2,000/- was withdrawn and then Rs.300/-. Surprisingly balance shown Rs.2557/- and thereafter Rs.2257/-. The transaction report also shows that after withdrawal it was Rs.2257/-. Uniformity found between the statement of account and CMS report. Petitioner is the holder of SBI. He firstly used UBI counter and thereafter SBI counter. 

 

10. From careful scrutiny of the evidence as produced  and the documents as well as the statement of affidavit it was found that transaction was successful. Petitioner firstly had withdrawn Rs.2,000/- and thereafter Rs.300/-. He could not produce any document to support that the first transaction was unsuccessful as the transaction was successful there is no deficiency of service  by the respondent banks. Petitioner failed to prove the case. As a result the case of the petitioner failed. Petitioner is not entitled to get any compensation and his claim is dismissed. No cost.  

 

 

Announced.

 

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA