DATE OF DISPOSAL: 10.06.2024.

PER:  SRI SATISH KUMAR PANIGRAHI, PRESIDENT:

The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties (in short the O.Ps.) and for redressal of her  grievance before this Commission.

2. The complainant is a school teacher and has the saving Bank Account Number: 04210110013533 which is linked with salary operating in the O.P. Bank. On dated 13.10.2017 the complainant for urgent requirements wanted to withdraw Rs.20,000/- only using ATM card, but the transaction failed and there was deduction of Rs.20,000/- from the S.B. Account in the same day. This fact came to the notice of the complainant on 19.10.2017 and immediately the matter was brought to the notice of the O.P. in respect of wrong withdrawal of Rs.20,000/-. Accordingly on necessary verification, the O.P. credited the said amount of Rs.20,000/- @ sum of Rs.10,000/- in showing “ATM unsuccessful” on 24.10.2017 i.e. after three months. While the matter stood thus, the O.P. debited Rs.10,000/- from the said S.B. Account of the complainant showing “the amount wrongly credited” on dated 29.01.2018. The fact came to the notice of the said complainant on 12.02.2018 when up-dated the pass book at the Bank of O.P. Immediately the complainant brought the fact to the notice of the O.P. who after clarification of the concerned pass book promised to make the entries up-to-date. Thereafter the complainant regularly approaching the O.P., but the O.P. has not initiated any action in crediting Rs.10,000/- along with interest. The complainant is a State Government employee and lay teacher finds no time to negotiate the matter, but was promised as by the O.P. for crediting Rs.10,000/- to her account. Alleging deficiency in service on the part of the O.P. the complainant prayed to direct the O.P. to credit Rs. 10,000/- for the S.B. account of the complainant, compensation of Rs.7000/- and litigation cost of Rs.5000/- in the best interest of justice.

3. The Commission admitted the case and issue notice to the Opposite Party.

4. The Opposite Party appeared and filed Vakalatanama through its advocate on dated 13.03.2020 but did not turn up to file either written version or evidence on affidavit in its favour in this case.

5. On the date of hearing the advocate for the complainant is present and the Commission heard the argument at length. The Commission perused the complaint petition, evidence on affidavit and written argument and documents available in the case record. The Commission has taken into the consideration of the testimony of the complainant in absence of the objection of O.P. To meet urgent requirement the complainant withdrawn an amount of Rs.20,000/- on 13.10.2017 in two times @ Rs.10,000/- each time but it was failed and no money has dispensed from the ATM. The complainant came to know about debit of Rs.20,000/- on 19.10.2017 and immediately thereafter  reported the matter to the O.P. Bank on the same day. The O.P. Bank after due verification credited Rs.20,000/- in the said S.B. account of the complainant on 24.10.2018. Again on 12.02.2018 the complainant came to know that the O.P. Bank debited Rs.10,000/- on 29.01.2018 from the account of the complainant out of Rs.10205/- stated the reason that, ‘the amount wrongly credited’ without prior information to the complainant. The complainant on 12.02.2018 filed a written complaint with the O.P. Bank regarding ‘wrong debit of amounting of Rs.10,000/- from the S.B Account on 29.01.2018’ but the O.P. Bank did not considered the said written grievance and not settled the matter within stipulated period T + 5 days as per R.B.I. guidelines. It is apparent from the Bank pass book of the complainant that on 13.10.2017 the Complainant tried to withdrawn an amount of Rs.10,000/- twice but did not dispensed with from the ATM and it was debited out of Rs.28,109.05 in her S.B. account. After complaint on 19.10.2017, the O.P. Bank again credited the said Rs.20,000/- @ Rs.10,000/- twice on 24.10.2017 and the balance remained was Rs.20,468/-. But on 29.01.2018, the O.P. Bank again debited Rs.10,000/- from the S.B. Account as “To amount wrongly credited” without prior intimation to the complainant which is tantamount to unfair trade practice. It is manifest from the application of the complainant that, when the present complainant asked O.P. Bank in its oral reply stated that there was due of Rs.10,000/- for which it was debited from the account. The reason which was stated by the O.P. Bank also not informed to the complainant earlier which due it was. Hence not consideration of application of complainant to redress her grievance of the customer of the bank in T + 5 days as per RBI guidelines is tantamount to deficiency in service and deprives the complainant from Right to Information also. Hence the O.P. Bank is liable to reverse Rs.10,000/- along with compensation of Rs.100/- per day to the complainant as per guidelines of RBI on failed ATM transactions.

               Resultantly the Commission allowed the complaint against the O.P. Bank. The O.P. Bank is directed to reverse the amount of Rs.10,000/- along with pay compensation of Rs.100/- per day to the complainant with effect from 12.02.2018 and also directed to pay litigation cost of Rs.5000/- to the complainant within 45 days from the date of receipt of this order failing which all the dues shall carry 9% interest per annum till its actual date of realization from the date of filing of this case i.e. on 27.01.2020 and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all such dues.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.

The file is to be consigned to the record room along with a copy of this Judgment.