IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/123/2017
Date of Filing: 04.08.17 Date of Final Order: 01.10.19
Complainant: Anoar Passa
S/o Late Abdul Wahed Sk.
Vill-Brafkhana, PO-Roshanbagh
PS&Dist-Murshidabad, Pin-742164
-Vs-
Opposite Party: The Branch Manager,
United Bank of India, Lalbagh Branch
PO,PS&Dist-Murshidabad, Pin-742149
Agent/Advocate for the Complainant : Sri. Sambarta Mukherjee
Agent/Advocate for the Opposite Party: Sri. Subhash Saha
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Mrs. Aloka Bandyopadhyay, Member
One Anoar Passa (here in after referred to as the Complainant) filed the case against Branch Manager, U.B.I., Lalbagh Branch (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The brief fact of the case is as such:-
The Complainant on 09.09.16 for the purpose of withdrawal of Rs.50,000/-, used the cheque of UBI Lalbagh Branch (O.P) where he has savings account and he received the said amount from the O.P but at about 11.20 A,M the complainant received the message that Rs 10,000/- has been debited from his account and at about 13.20 he received another message that Rs. 50,000/- has been debited from the said savings account which he has withdrawn in that day from the aforesaid savings account . The complainant became astonished for debit of Rs 10,000/- on that day. Thereafter on 12/09/2019 the complainant enquired the matter and filled a written complainant before the O.P Bank. At the time of update of the aforesaid account he came to know that on 08/09/2016 the complainant has withdrawn a sum of Rs 10,000/- but before or after 07/09/2016 he never withdraw a sum of Rs 10,000/-either by using A.T.M or through cheque. But after several verbal as well as written request the O.P has not taken any steps for return of Rs. 10,000/-. Finding no other alternative the Complainant filed the instant case for appropriate relief.
After service of notice O.P filed the w/v contending inter alia that the case is not maintainable as the complainant by using his ATM card in UBI Lalgola ATM Centre at station road has withdrawn Rs. 10,000/- on 08/09/2016 and the transation of the complainant was successful. So there is no deficiency on the part of the O.P and the O.P prays for dismissal of the case with cost.
Now the question arises whether the Complainant is a consumer and he is entitled to get relief, as prayed for?
Decision with reason
The Ld. Advocate for the Complainant submits that the Complainant is a consumer as he hired services of the OP No.1 for consideration.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.
Undoubtedly, the Complainant for the purpose of withdrawal of Rs.50,000/- used the self-cheque of UBI Lalbagh Branch. But as per the statement of Complainant he received the said amount on 09/09/2016 and on the same day at about 11.20 A,M he received the message that Rs 10,000/- has been debited from his account and at about 13.20P.M he received another message that Rs. 50,000/- has been debited from the said savings account .Seeing the message he became puzzled because of that he has not withdrawn the aforesaid Rs 10,000/- on 09/09/2016 but it has been debited from his account balance. On due enquiry, he came to know that transaction was through A.T.M and on update of the aforesaid account in his passbook he came to know that on 08.09.2016 he has withdrawn a sum of Rs. 10,000/- but the complainant is not ready to accept that statement provided by the Bank authority as the complainant has not withdrawn the sum of Rs 10,000/-before or after 07/09/2016 Ld Advocate on behalf of the O.P draws our attention to the documents filed by them (vide annexture-A,B,C,D). It appears from the J.P. Log filed by the O.P that the transaction of Rs.10,000/- from the account of the complainant was on 08/09/2016 at17:30 through using A.T.M. J.P Log is completely system generated document as a proof of any transaction against the A.T.M card of the complainant . It is not a fact that every person presumed to be liar though machine normally does not speak lie but man may do so. Sometime machine may fail. But in this present case as a civil matter complainant has to prove his claim by preponderance of evidence and we have limited scope in the summary trial.
On perusal of the record and considering the argument advanced by the Ld. Advocates of the respective parties and documents filed by them, we do not find any deficiency on the part of the O.P. and the complainant has failed to prove his case , so the complainant is not entitled for any relief.
Reasons for delay
The Case was filed on 04.08.17 and admitted on10.08.17. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case is dismissed..
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/123/2017 be and the same is hereby dismissed on contest against the OP but without any cost.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
