DATE OF DISPOSAL: 31.01.2024
PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT
The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Party (in short O.P.).
2. The complainant is a senior citizen has an S.B.Account No. 30407592741 at State Bank of India Gandhinagar Branch, Berhampur. The complainant have drawn a sum of Rs.5000/- only once in ATM, SBI Branch, Gandhinagar on 03.06.2023 but the said amount debited twice on 03.06.2023 in his account (Xerox copy of the Bank Pass Book statement is submitted marked as Annexure-A). The complainant lodged 1st complaint at AD, SBI CRM Customer care vide case No. 268982149 dated 13.07.2023 at 9.41A.M. and second complaint lodged at AX SBI CRM Customer care vide complaint No. 321722981 at 11.16A.M. dated 09.10.2023. The complainant lodged a written complaint on 02.09.2023 before the Branch Manager, SBI at Gandhinagar, second written complaint on 04.10.2023 before the Regional Manager, State Bank of India, Berhampur in the above case but all in vain. Hence the complainant filed this complaint.
3. Notice sent to the O.P. The O.P. neither chooses to appear nor filed any written version. Hence the O.P. is set exparte on dated 03.01.2024.
4. To substantiate his case the complainant has filed affidavit in support of his case. The complainant is a senior citizen has an S.B.Account No. 30407592741 at State Bank of India Gandhinagar Branch, Berhampur. The complainant has drawn a sum of Rs.5000/- only once in ATM, SBI Branch, Gandhinagar on 03.06.2023 but the said amount debited twice on 03.06.2023 in his account.
5. On the date of exparte hearing of the case, we heard from the complainant and perused the case record and the materials placed on it. We have also thoughtfully considered the submission made before us by the complainant. It is pertinent to mention here that though opportunity was given to the O.P. to defend the case but they failed to do so. As such taking the sole testimony of the complainant into consideration it is presumed that the complainant’s contention is true.
6. On analyzing the complaint, evidence and available documents in the case record, it is manifest that, the complainant is the consumer in accordance to the Consumer Protection Act, 2019. The statute stated that, “a person who avails of any service from a bank will fall under the purview of the definition of a ‘Consumer’ within the meaning of the Consumer Protection Act.” Hence the complainant in the instant case is a consumer and whereas the OP is the service provider.
In the present lis, the OP bank in trivial manner handled the grievance and not settled within stipulated time period as laid down under Banking Regulation and Payment & Settlement Act, 2007 and RBI guidelines/instructions. Therefore the service rendered by the OP bank is not in consonance with the Consumer Protection Act, 2019 and RBI instruction as well. And for which the complainant suffered and sustained torturous injuries in person. Hence it is tantamount to deficiency in services on the part of the OP bank.
In our considered views and relying upon the instructions of the RBI in different times, banks have been mandated to resolve customer complaints by re-crediting the customer’s account within stipulated working days from the date of complaint. And if the complaint is not resolved within the given time-frame, then they are liable a pay a penalty of Rs.100/- per day. The penalty amount should be automatically credited to the account of the beneficiary by the bank. In the instant case, the op has failed to settle the grievance of the complainant and also not carried out said order of the RBI.
7. In the above context, the Commission allowed the complainant’s case on exparte against the O.P. The Opposite Party is directed to refund a sum of Rs.5000/- along with pay compensation of Rs.100/- per day to the complainant from the date of debit of amount of Rupees Five Thousand from the savings bank account of the complainant i.e. on 03.06.2023 till actual date of refund of the debited amount of Rupees Five Thousand to the complainant within 45 days from the date of receipt of this order. If the OP failed to pay the entire amount within the stipulated period of 45 days, the complainant is at liberty to recover the entire debited amount along with the compensation amount at the rate of 12% per annum from the opposite party in accordance to the Consumer Protection Act, 2019.
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.
Pronounced on : 31.01.2024
