BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Jaspal Singh, #2542, Mari Wala Town, Manimajra, Chandigarh

…..Complainant

                 V E R S U S

1]  The Branch Manager, Union Bank of India, Sector 7, Chandigarh.

2]  The Branch Manager, Punjab National Bank, Manimajra, Chandigarh.

                      ……Opposite Parties

CORAM:   SH.P.D.GOEL                PRESIDENT

         SH.RAJINDER SINGH GILL       MEMBER

         DR.(MRS).MADANJIT KAUR SAHOTA  MEMBER

Argued by: Complainant in person.

Sh.Pavinder Singh Bedi, Counsel for OP No.1 along with Sh.Sansar Chand, Branch Manager of OP NO.1 Bank

          Sh.Ajay Kumar Sapehia, Counsel for OP No.2.

PER P.D.GOEL, PRESIDENT

         Precisely put, the complainant, holding an ATM Card against his saving account with OP No.1 Bank, swapped it twice, in the ATM Machine of OP No.2 Bank, for withdrawal of Rs.1800/- on 29.4.2011 at 17.46 & 1747 respectively, but it was rejected with remarks “Transaction Declined Response Code Unable to Process”.  However, when he used the ATM Machine of HDFC Bank, for withdrawal of money, he was shocked to note that the amount of the declined transactions i.e. Rs.3600/- stood deducted from his account and the balance was Rs.222.21 only (Ann.A-1 & A-2).   Such incident had also occurred earlier with the complainant, whereupon the amount was returned to him after long time (Ann.A-3).  That, the amount in question has not yet been refunded till date (Ann.A-4), despite several visits made by complainant to OP No.1 Bank.  Hence, this complaint.

2]       OP No.1 in its reply, while admitting the factual matrix of the case, stated that on receipt of the complaint about the failed transaction, it immediately forwarded it to OP No.2. That an amount of Rs.1800/- was credited in the account of complainant on 5.5.2011 i.e. within a period of 7 days (Ann.A).  It is also stated that OP No.1 was never informed about the second failed transaction of 1800/-, as alleged, and when it was brought to its notice, a request was sent to OP No.2 for refund (Ann.B) and as soon as the amount will be refunded by OP No.2, the same will be credited in the account of the complainant.  Pleading no deficiency in service, OP-1 prayed for dismissal of the complaint.

3]       Opposite Party No.2 (P.N.B.) also filed reply and submitted that the detailed list of transaction of its ATM, dated 29.4.2011 (Ann.OP/2), indicates that alleged transaction was not successful, so reverse entry had been made.  Now, it is the duty of OP-1 to credit the said amount in the account of the complainant. Moreover, it is evident from the account statement placed on record by the complainant that Rs.1800/- had been credited in his account by ATM Cell Mumbai on 18.5.2011. Rest of the allegations have been denied with a prayer to dismiss the complaint.

4]      Parties led evidence in support of their contentions.

5]      We have heard the complainant in person and ld.Counsel for OPs NO.1 & 2 and have also perused the record.

6]       As per Zimini Order dated 16^th March, 2012, the ld.Counsel for OP No.1 placed on record Ann.-C qua which the credit of Rs.1800/- has been given to the account of the complainant on 13.3.2012.  The complainant has stated that since the credit is being given after filing of the complaint, therefore, he is entitled for compensation and litigation cost.

7]       Undisputedly, the grouse of the complainant has been met by Opposite Party No.1 after filing of the present complaint.  Thus, we are of the opinion that the complainant is entitled for compensation and litigation cost.

8]       The complaint against Opposite Party No.2 cannot succeed as OP No.2 has reversed the disputed entry on the same day, as is reflected in Ann.OP/2 at Page No.8 of the reply filed by OP NO.2.  Therefore, it is not liable to pay any compensation and litigation cost.

9]       As a result of the above discussion, the complaint stands allowed.  OP No.1 is directed to pay to the complainant a sum of Rs.2500/- towards compensation & litigation cost. 

            This order be complied with by the OP No.1 within a period of 30 days from the date of receipt of its copy, failing which it shall be liable to pay the above awarded amount along with penal interest @12% per annum from the date of filing this complaint i.e. 29.11.2011 till its actual payment to the complainants. 

         Certified copies of this order be sent to the parties free of charge.  The file be consigned.