West Bengal

Bankura

CC/33/2018

Santosh Kumar Mondal - Complainant(s)

Versus

The Branch Manager, United Bank of India - Opp.Party(s)

Self

20 Mar 2023

ORDER

 

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 33/2018

Date of Filing : 30.05.2018

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant: Self

For the O.P. Ld. Advocate Chitta Ranjan Banerjee

Complainant                                                                                                          

Santosh Kumar Mondal, S/o Late Haripada Mondal, Saradapally, Lalbazar, Bankura

Opposite Party  

The Branch Manager, United Bank of India,  Bankura, Jogeswar Bhavan, 551/3 Rabindra Sarani, Bankura

 

FINAL ORDER / JUDGEMENT                 

                                                                                                                                          

Order No.33                                                                                   

Dt. 20-03-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The complainant’s case is that he has an ATM Debit Card with O.P. Bank No. being 6070770193033040 in connection with his Account No.090193010151009. On 30-04-2018 at about 11 a.m. he went to O.P. ATM Centre at Bankura for withdrawal of Rs.15,000/- and operated the transaction but he received no cash from the ATM Counter but received a Transaction slip with the remark “presented money forgotten”. On updating the Pass Book the complainant found to his surprise that Rs.15,000/- has been debited from his Account and accordingly he approached the O.P. Bank authority on 04-05-2018, 16-05-2018 by lodging the complaint but on 17-05-2018 he received a message in his Mobile that the transaction is successful and the complaint has been rejected.

Finding no other alternative the complainant has lodged the instant complaint for refund of Rs.15,000/- together with compensation and Litigation cost.

                                                                                                                                                                                      Contd………p/2

Page: 2

The O.P. Bank got several opportunities to file the W.V. but they preferred not to contest the case by filing any W.V. but engaged an Advocate to represent the case. At the time of final hearing said Ld. Advocate for the O.P. submitted a letter dt.17-02-2023 sent by Utpal Kumar Dey, Sr. Manager, UBI, B.O. Bankura addressed to C.O. Purulia ITD seeking status report about the failed ATM transaction of the complainant wherein it is clearly stated that the Bank has not made any representation before this Commission due to non-availability of proper evidence.

                                                                                      -:Decision with reasons: -

The Commission has gone through the entire materials on record particularly the transaction slip at the relevant time and the Pass Book entry of the transaction in question. Transaction slip as came out from the ATM machine at the relevant time with the remark “presented money forgotten” proves itself that the transaction was not successful and so the question of debiting the said amount of Rs.15,000/- from the Account of the complainant does not arise at all.

The Bank authority has no defence to Counter the claim of the complainant for the simple reason that the alleged withdrawn money of Rs.15,000/- cannot be deducted from the Account of the complainant when the ATM transaction was not technically complete. In absence of any counter evidence to justify the deduction the O.P. Bank has to pay back Rs.15,000/- to the complainant in his aforesaid Account.

During this long period the O.P. Bank withheld the payment of Rs.15,000/- without any basis and evidence as is evident from the above mentioned letter dated: 17-02-2023 for which the O.P. Bank has to pay compensation to the complainant for Rs.5,000/- for such dilatory practice.

Accordingly the case succeeds.

                                                     Hence it is ordered………

That the case be and the same is allowed against the O.P.

The O.P. Bank is directed to pay to the complainant Rs.15,000/- to his Account together with compensation of Rs.5,000/- within one month from this date in default the decretal amount may be recovered in due process of law.

Both parties be supplied copy of this order free of cost.

 

  __________________                   ________________              ________________

HON’BLE   PRESIDENT        HON’BLE    MEMBER       HON’BLE    MEMBER