In the District Consumer Disputes Redressal Forum, Murshidabad

Berhampore, Murshidabad.

Case No. C.C/09 /2015

Date of filing: 13/01/2015                                                                       Date of Final Order: 27/10/2016

Rajkumar Biswas.

S/O-Dilip Kumar Biswas.

Vill.-Manindra Nagar.

P.O.-Bishan Nagar.P.S.-Beldanga.

Dist- Murshidabad, (W.B.)                                             ……………………………...   Complainant                       

                                                          - Vs-

1). The Branch Manager.

State Bank Of India. Beldanga Branch.

P.O.& P.S.- Beldanga.Dist.- Murshidabad.

West Bengal ,Pin.-742133.

2). The Branch Manager.

State Bank Of India. Berhampore Branch.

P.O.& P.S.- Berhampore.Dist.- Murshidabad.

West Bengal ,Pin.-742101.                                         ………….….………… Opposite Party

Mr. Debasish Nag. Ld. Advocate………………………….……………. for the complainant

            Mr sJayanta Bagchi. Ld. Advocate…………………………………….for the Opposite Party.

                                              Before:     Hon’ble President, Anupam Bhattacharyya.           

                                                                 Hon’ble Member, Samaresh Kumar Mitra.

FINAL ORDER

Samaresh Kumar Mitra, Presiding Member.  

               Brief facts of the case is that complainant being a savings bank account holder of OP No.1 branch tried to withdraw money amounting to Rs.15,0000/-by using his ATM card in the ATM counter at Beldanga on 01.05.2014 vide txn No.4900 although he did not get money but similar amount has been debited from his account due to push plate sensor failure. So he lodged complaint before the home branch on 01.05.2014 but his problem was not solved. Then he lodged complaint before the RO of CA&FBP, Murshidabad but the dispute could not be redressed by the mediation process due to non-cooperation of the opposite parties. For that the complainant faced high monetary, mentally and physically loss so the OP should be penalized for his wrongful act and petitioner should be compensated and accordingly the complainant compelled to file the instant complaint seeking redressal as prayed in the prayer portion of the complaint.

         OP appeared by its agent and filed written version denying the allegations as leveled against him and averred that the complainant withdrew Rs.15000/- by using his ATM card with confidential pin code on 01.05.2014 at 14:13 hours vide txn memo No.4900 from his SB account No.33509184349 and automatically the said account of RS.15000/- was debited to his SB Account. The said transaction through ATM by the complaint was successfully done from the record of information of ATM sheet. On that date the operating of ATM machine was OK. The complainant on that date also withdrew Rs.50 through ATM located at Beldanga and the said withdrawal was also successfully done and the said amount was also debited to his SB Account.  The complainant has knowledged regarding his aforesaid withdrawal of amount of RS.15000/- which he withdrew from his SB Account through using his ATM card with confidential pin code. So, there is no monetarily, mentally and physically loss for the so called amount as stated by the complainant. The answering OP has no negligence or deficiency in service or unfair trade practice so the prayer of the complainant is liable to be rejected.

            The complainant filed evidence on affidavit in which he stated that he being an account holder of OP No.1 tried to withdraw a sum of Rs,15000/- by using ATM card issued by the bank from the ATM counter located at Beldanga near Hatpara Colony on 01.05.2014 at 14:13 vide txn no.4900 although he did not get money but a sum of Rs.15000/- has been debited from his account. He lodged complaint on toll free no but his problem was not solved so he put the matter before the  RO of CA&FBP, Murshidabad but the dispute could not be redressed by the mediation process due to non-cooperation of the opposite parties. Due to non cooperation on the part of SBI he is facing financial loss. The act of the OP tantamount to deficiency of service for which the complainant compelled to file the instant complaint before this Forum for redressal as prayed in the prayer portion of the complaint.

             The OP No.2 filed evidence on affidavit which is nothing but replica of written version filed by the answering OP.

            The complainant is absent on calls and no steps taken on his behalf for successive dates. He could not file show cause in accordance with the order of this Forum, sufficient opportunity has already been given. For the ends of the  justice the case is taken up for disposal on merit.

                      From the discussion herein above, we find the following Issues/Points for consideration.

ISSUES/POINTS   FOR   CONSIDERATION

1).Whether the Complainant ‘Rajkumar Biswas’ is a ‘Consumer’ of the Opposite Party?

2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

3).Whether the O.Ps carried on unfair trade practice/rendered any deficiency in service towards the Complainant?

4).Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?

DECISION WITH REASONS

   In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.

1. Whether the Complainant Rajkumar Biswas is a ‘Consumer’ of the opposite party?

               From the materials on record it is transparent that the Complainant is an account holder of OP No.1 he operated ATM machine with the ATM card issued by the OP but he did not receive the desired amount but the said amount has been debited from his account so he being a consumer of the OP NO.1 as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986 is entitled to get service as a consumer from the service provider. 

     (2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

                Both the complainant and opposite party are residents/carrying on business within the district of Murshidabad. The complaint valued within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.     

    (3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?

              The case of the complainant is that he tried to withdraw money from the ATM counter of the OP bank on 05.01.2014 amounting to Rs.15000/- but he did not get money although similar amount has debited from the account of the complainant then the complainant informed the matter to the bank authority by toll free number but no redressal received from the end of the OP bank then he lodged a complaint before the Assistant Director, RO, CA &FBP, Murshidabad who took up the complaint and sent notice to the OP for mediation but it became futile due to non-co-operation of the OP then the complainant getting no alternative sought redressal before this Forum.

          The answering OP denied the claim by filing written version and argued that the complainant received the withdrawal amount as the impugned txn was a successful transaction. The OP by producing Journal print shows that the txn being 4900 dated 01.05.2014 reflects that a sum of Rs.15000/- was withdrawn from the account no.33509184349 and after the said withdrawal amount the available balance become Rs.44849.00.

         After perusing the complaint petition, written version, evidence on affidavit and documents as produced by the parties and hearing the arguments of the agent of the OP we are in an opinion that transaction was successful one as the transaction slip reflects the transaction and it is corroborated by the Journal print of the OP bank. Now it is the question that why the complainant disputed alleged transaction and denied the acceptance of withdrawal money from the ATM counter. It is the simple proposition of a customer of a bank after receiving money he/she cannot raise further demand. But in the instant complaint he failed to prove his non acceptance of money on the other hand the answering OP by producing documents tried to establish that the transaction was successful one and the complainant received the impugned amount and prayed to reject the complaint with cost.

             So from the above discussion we are constrained to dismiss the complaint due to lack of evidence that ought to be gathered by the complainant in support of his claim. The deficiency of service of the OP is not established by the complainant.                            

4). Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?

            The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant could not able to prove his case and the Opposite Party is not liable to pay any compensation for deficiency of service.

              Hence it is ordered that the complaint be and the same is dismissed on merit against the Opposite party with no order as to cost.

            No other reliefs are awarded to the complainant.

           Let a plain copy of this Order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post forthwith, for information & necessary action.

           Dictated and corrected by me.

                  Member,                                                                              President.