Non-transaction at the ATM counter at Farraka N.T.P.C. More under the domain of U.B.I. Farraka Barrage Branch, but a report of good transaction and deduction of Rs.2,000/- at 9:34 a.m. on 11.9.2017 from the account of the complainant Sri Uttam Das, has led the complainant to lodge this complaint u/s 12 of the CP Act, 1986, for redressal.
The summation of the complaint is as follows:
The complainant prior to withdraw Rs.2,000/- from the ATM counter of U.B.I. at Farraka N.P.T.C. More, but got no money as it was a failed transaction. According to record he tried further but no transaction was made. But surprisingly, he got a message that Rs.2,000/- has been debited from his A/c No. 33568919194 with the S.B.I. Patiram Branch. He lodged a complaint with the S.B.I. Patiram on 14.9.2017 and further on 16.9.2017 by giving an undertaking to the said bank to which he is an accountholder. The complainant had also lodged a complaint with the Farraka PS on 27.9.2017, but from no end he got his desired redressal for the recoupment of his debited amount. So, he has lodged this complaint with this Forum on 23.11.2017 claiming the principal amount of Rs.2,000/- and Rs.10,500/- for compensation and litigation cost against the OP Nos. 1 & 2.
OP No. 1 U.B.I. Farraka Barrage Branch had taken no pain to pay heed to the Summons of this Forum till date. The OP No. 2 in his written version and also on argument stated that they had got a complain No.80429231667012 on 16.9.2017 and had taken steps to collect the CCTV footage of the instant case to know it properly whether the transaction was made. Though they had filed a report that showed that Rs.2,000/- had been withdrawn. But, as no CCTV footage had been available due to non-cooperation of the U.B.I. Farraka Barrage Branch, they could not surely detect the actual withdrawer / transactor. In their statement they had denied any deficiency in service or negligence on the part of the OP No. 2. So, they should be acquitted of the charges in the instant case.
Points for determination
- Whether any deficiency in service has really been occurred?
- On whom liability for deficiency in service be borne?
DECISION WITH REASONS
Point Nos.1 & 2
In course of contest the complainant on his argument had told that on that day and at a particular time when his transaction had really been failed, it was learnt that no money was in the ATM machine. For that reason he had gone to the ATM of Axis Bank and also ATM of S.B.I. Andula near N.P.T.C. from where he had drawn Rs.8,000/- on the same day. He had argued more that SBI Patiram had the responsibility to recover wrongful debited amount of Rs.2,000/-.
U.B.I. Farraka Barrage Branch had not only paid a deaf ear to the Summons of this Forum but even also ignored the request of SBI Patiram Branch to provide the CCTV footage. Ex parte hearing had been proceeded in this Forum against the OP No. 1 as they had taken no step from 14.12.2017 to 17.4.2018 for adjudication of the complaint. So, the OP No. 1 has to bear the liability of deficiency in service as per documents and statement of the complainant and the OP No. 2 which has proved his innocence in the instant case and the documents filed by the OP No.2 reveal that they had left no stone unturned to redress the grievance of the complainant. The OP No. 2 is acquitted of charges in the instant case.
Hence,
O R D E R E D
That the OP No. 1 U.B.I. Farraka Barrage Branch is ordered to credit of Rs.2,000/- (Rs. Two thousand) only to the account of the complainant with the S.B.I. Patiram Branch having A/c No. 33568919194. Compensation amount of Rs.5,000/- is also to be credited to the same account by the OP No. 1. The principal amount and the compensation amount are to be credited to the account of the
complainant within 30 days from date of this order, failing which an interest @ 8% p.a. will bear to the whole amount until full realization of the said amount.
The case be and the same succeeds partially on contest.
Let a plain copy of this order be furnished to the parties concerned forthwith free of cost.
The Registrar-in-Charge of this Forum is directed to send a copy of this order to the OP No.1 by registered post immediately.
