Date of Filing : 04.02.2021
Date of Disposal: 27.08.2022
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVALLUR
BEFORE TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law) .…. PRESIDENT
THIRU.P.MURUGAN,B.Com. ....MEMBER-II
CC. No.08/2021
THIS SATURDAY, THE 27th DAY OF AUGUST 2022
Mr.M.V.Sivamuthu,
General Secretary,
Neat India Association,
Having Office at No.53,
Taluk Office Road, Ponneri Taluk,
Thiruvallur District. ……Complainant.
//Vs//
1.The Branch Manager,
State Bank of India,
Ponneri Branch, Ponneri 601 204.
IFSC Code No.SBIN0001024,
Thiruvallur District.
2.The Chief General Manager,
State Bank of India,
Local Head Office, Lead Bank Dept.
No.16, College Lane, Chennai -600 006.
3.The General Manager,
(NBG-Coordination),
State Bank of India,
Customer Service Department,
National Banking group,
Statement Bank Bhavan, 4th Floor,
Narimon Point, Mumbai – 100 021. ..........Opposite parties.
Counsel for the complainant : Mr.M.Murugesan, Advocate.
Counsel for the 1st opposite party : Mr.S.Sushil Kumar, Advocate.
Counsel for the 2nd & 3rd opposite parties : exparte.
This complaint is coming before us on various dates and finally on 22.07.2022 in the presence of Mr. M.Murugesan, Advocate counsel for the complainant and Mr. S.Sushil Kumar, Advocate counsel for the 1st opposite party and upon perusing the documents and evidences of both sides, this Commission delivered the following:
ORDER
PRONOUNCED BY TMT. Dr.S.M. LATHA MAHESWARI, PRESIDENT.
This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019alleging deficiency in service on the part of the opposite party Bank claiming a compensation of Rs.2,00,000/- along with cost of Rs.10,500/-
Summary of facts culminating into complaint:-
It is the case of the complainant is that he was having bank account with the 1st opposite party vide account No. S/B.11129637806 and was maintaining the same without any default in minimum balance. When the complainant visited Delhi on 15.10.2020 for his personal and official work he informed his son to deposit a sum of Rs.39,000/- in his account through ATM deposit at Ponneri on 17.10.2020 and the same was deposited by the complainant’s son and got the ATM deposits slip for Rs.39,000/- but when the complainant approached the ATM for withdrawal of the amount, he found that the said amount was not credited in his account. He suffered severe mental agony as he was not able to fulfil even has essential needs. Though he sought help from his friends they also refused. Immediately the complainant approached the 1st opposite party‘s branch office on 19.10.2020 but there was no response. After several efforts the 1st opposite part returned the amount of Rs.39,000/- after 10 days on 27.07.2020 at 6.00pm. Thus aggrieved by the act of the opposite parties after issuing a legal notice the present complaint was filed.
Defence of the 1st opposite party:
The 1st opposite party filed written version disputing the allegations made by the complainant stating that they were not aware of the where abouts of the complaint and that the complainant’s son deposited Rs.39,000/- in the complainant account through ATM machine and that the same was not credited due to the defects in the ATM machine resulting in mental agony and hardships to the complainant. It is submitted that soon after the complainant’s son made complaint on 19.10.2020, the slip Ex.A1 indicated him to contact the Branch Manager for clarification which denoted that the amount was not credited to the complainant account. The 1st opposite party credited the said amount within seven working days to the complainant’s account. It is submitted that the complainant having admitted the return of Rs.39.000/-, had wantonly approached this Commission to harass the opposite party by filing the present complaint and thus contending that there is no deficiency in service on the part of the 1st opposite party sought for the dismissal of the complaint.
On the side of complainant proof affidavit was filed and documents Ex.A1 to Ex.A13 were marked. On the side of 1st opposite party proof affidavit was filed but no document was marked.
Point for consideration:
1. Whether the opposite parties had committed deficiency in service in not crediting the amount of Rs.39,000/-deposited into the complainant’s account immediately when the same was deposited through ATM causing hardships and mental agony to the complainant?
2. If so to what relief the complainant is entitled?
Point:1
On the side of complainant the following documents were filed in support of complaint allegations;
Copy of the ATM customer deposit slip dated 17.10.2020 was marked as Ex.A1;
Written complaint by complainant’s son to the 1st opposite party dated 19.10.2020 was marked as Ex.A2;
Copy of online complaint by the complainant dated 23.10.2020 was marked as Ex.A3;
Copy of police complaint by complainant dated 23.10.2020 was marked as Ex.A4;
Copy of legal notice by complainant dated 17.11.2020 was marked as Ex.A5;
Copy of legal notice to 2nd and 3rd opposite parties dated 18.11.2020 was marked as Ex.A6;
Acknowledgement cards for the proof of the service were marked as Ex.A7 & Ex.A8;
Copy of complaint through E-mail id by complainant was marked as Ex.A9;
Copy of reply by the 1st opposite party dated 24.11.2020 was marked as Ex.A10;
Copy of electronic Reservation slip dated 14.10.2020 was marked as Ex.A11;
Copy of journey cum reservation Ticket dated 19.10.2020 was marked as Ex.A12;
Copy of Aadhaar card of complainant was marked as Ex.A13;
Heard the oral arguments made by both the counsels and also perused the written arguments filed by them. It is submitted by the counsel for the complainant that though the complainant’s son had deposited Rs.39,000/- on request by the complainant in ATM annexed with the 1st opposite party’s branch at Ponneri on 17.10.2020 at 14.51pm and also has got the ATM deposited slip, the amount did not get credited to the account of the complainant. Hence the complainant could not utilize the said amount and even for fulfilling his essential needs in Delhi, he approached his friends and relatives for hand loan but they all denied. Thus the complainant suffered heavily being a diabetic and 55 years old man with blood pressure. When the 1st opposite party was approached on 19.10.2020 they neither replied nor taken any action to rectify the problem. Thus he sought for the complaint to be allowed and also the award compensation.
On the side of the opposite party it was argued that when Ex.B1 wanted the complainant’s son to talk the Branch Manager on the same day he did not approach the Branch Manager immediately. When he approached on 19.10.2020 after four days of the disputed transaction the 1st opposite party assured the complainant’s son that the issue will be sought out within seven working days and accordingly Rs.39,000/- was credited to the complainant’s account on 27.10.2020. It is also argued that the 2nd and 3rd opposite party are not necessary parties to the complaint and they sought for the dismissal of the complaint.
On perusal of the documents this Commission could find that there is no doubt with regard to the deposit of money on 17.10.2020 and the same was not credited to the complainant’s account and when complaint filed by the complainant’s son no action was taken by the opposite parties. But it is the case of the opposite parties that when the complainant’s son was asked to approach the Branch Manager he did not approach immediately but only approached after four days. This is the only defence put forth by the opposite party and no proper explanation was given by the opposite party for the act of non crediting the amount of Rs.39,000/- deposited by the complainant’s son into the complainant account. When no plausible explanation was given by the opposite party for the allegation and merely stating that as the amount has been re-credited to the complainant’s account there is no cause of action for the complaint was an untenable defence made by the opposite party which could not be accepted by this Commission. Merely the disputed amount was re-credited into the complainant’s account after several efforts taken by complainant and that to after 10 days of deposit cannot be held as an admissible defence by the opposite party. It is stated by the complainant that he stayed in Delhi which was proved by Ex.A11 and Ex.A12, the reservation slip. We could infer that the complainant ought to have suffered severe mental agony and hardships without the money. The necessity for having core banking and ATM facilities was for easy money transactions and for timely withdrawal at the time of necessity. It is obligatory on the part of opposite party to maintain the ATM properly and the transactions are processed accurately to achieve the intended purpose. Thus in the facts and circumstances we hold that the opposite parties had committed deficiency in service in not transacting the amount immediately which was deposited into the complainant’s account enabling him to utilise the same at the time of his necessity. Thus the point is answered in favour of the complainant.
Point No.2
With regard to the relief to be granted to the complainant we are of the view that for the mental agony and hardships suffered by the complainant without money in an unknown place to fulfil his essential needs, a compensation of Rs.25,000/- would be proper compensation in the facts and circumstances. We also award Rs.5,000/- as cost of the proceedings to the complainant.
In the result, the complaint is partly allowed directing the opposite parties 1 to 3;
a) to pay a sum of Rs.25,000/- (Rupees twenty five thousand only) towards compensation for the mental agony and hardships caused to the complainant within six week from the date of receipt of copy of this order;
b) to pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant;
c) Amount in clause (a) to be paid within six weeks from the date of receipt of copy of this order failing which an interest of 6% will be levied on the said amount from the date of complaint till realization.
Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 27th day of August 2022.
Sd/- Sd/-
MEMBER-II PRESIDENT
List of document filed by the complainant:-
Ex.A1 17.10.2020 ATM customer deposit slip. Xerox
Ex.A2 19.10.2020 Written complaint by the complainant’s son. Xerox
Ex.A3 23.10.2020 Online complaint by the complainant. Xerox
Ex.A4 23.10.2020 Police complaint by complainant. Xerox
Ex.A5 17.11.2020 Legal notice issued by the complainant. Xerox
Ex.A6 18.11.2020 Legall notice issued by the complainant to the 2nd and 3rd opposite parties. Xerox
Ex.A7 09.12.2020 Acknowledgement card. Xerox
Ex.A8 01.12.2020 Acknowledgement card. Xerox
Ex.A9 18.11.2020 Complaint through email by the complainant. Xerox
Ex.A10 24.11.2020 Reply by the 1st opposite party Xerox
Ex.A11 14.10.2020 Electronic Reservation slip. Xerox
Ex.A12 19.10.2020 Journey cum reservation Ticket copy. Xerox
Ex.A13 ................ Aadhaar card. Xerox
List of documents filed by the opposite parties: Nil
Sd/- Sd/-
MEMBER-II PRESIDENT
