Complaint No: 438 of 2018.
Date of Institution: 25.10.2018.
Date of order: 03.10.2023.
Harjinder Singh son of Jagir Singh resident of House No. 97/150 Shastri Nagar,Batala District Gurdaspur.
…..........Complainant.
VERSUS
The Branch Manager, Oriental Bank of Commerce, G.T. Road, Batala, Now situated at Jalandhar Road, Batala District Gurdaspur.
….Opposite party.
Complaint Under section 11 & 12 of the Consumer Protection Act, 1986.
Present: For the Complainant: Sh.P.S.Mahal, Advocate.
For the Opposite Party: Sh.Rohit Mahajan, Advocate.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Harjinder Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 11 & 12 of the Consumer Protection Act, (here-in-after referred to as 'Act') against Oriental Bank of Commerce (here-in-after referred to as 'opposite party).
2. Briefly stated, the case of the complainant is that the complainant is the holder of the A/c No.01272191036673 since 2015 in Opposite Party Bank Branch. As such, the complainant having hired the services of the opposite party is a 'Consumer' as defined under the Consumer Protection Act, 1986 and has a right to invoke the jurisdiction of this Hon'ble Court for the redressal of his grievance. It is pleaded that the complainant visited Opposite Party branch ATM located at Jalandhar Road, Batala on 20.03.2018 at 17:30:38 for withdrawal of Rs.5000/- but the transaction was failed and money was not disbursed through Machine but the Complainant got message on his phone bearing number 9815515280 regarding deduction of Rs.5000/- from his Account and when it was verified from Branch, it was actually deducted from account. It is further pleaded that the Complainant Visited Opposite Party Branch office on 21.03.2018 and submitted his request to opposite party and Opposite Party assured about the refund of Amount. It is further pleaded that the Complainant again visited Opposite Party Branch office on 22.03.2018and Opposite Party directed complainant to fill Chargeback/Dispute/Fraud Report form and as per Opposite Party directions he filled the form and submitted to the Opposite party. It is further pleaded that Opposite Party promised and assured complainant that refund would be made with in no time. It is further alleged that the Complainant regularly visited the Opposite party branch office every month regarding his grievance but refund is not successful and Opposite Party dilly delaying the matter on the one pretext or other. It is further pleaded that Complainant has given various reminders verbally and in writing but no action has taken till date. It is further pleaded that the complainant lodged an application dated 04.04.2018 to the opposite party for claiming compensation but neither the compensation nor grievance was cleared. It is further pleaded that the complainant again visited Opposite Party branch office on 21.08.2018 and requested Opposite Party to look into matter seriously as Complainant being Senior Citizen and old age is feeling harassed. It is further pleaded that Complainant is Retired Person and he has various financial and social responsibilities but the Opposite Party shown no adherence to his request. It is further pleaded that under the directions issued by the Reserve Bank of India (RBI) regarding failed ATM transactions,
- "Whereby your money is debited although you did not receive the cash from the machine, the time limit for resolution of customer complaints by the issuing banks is seven working days from the date of receipt of the complaint. Failure to re-credit the customer's account within seven days of receipt of the complaint entails payment of compensation to the customer at Rs.100/- per day by the bank".
It is further pleaded that after serving legal notice to the Opposite Party, Complainant himself visited many times but the Opposite Party put off matter on one pretext or other inspite of repeated visits and demand and requested by complainant from time to time. It is further pleaded that ultimately, few days ago, Opposite Party flatly refused to make any payment to the complainant without issuing reasonable ground or official denial Letter. It is further pleaded that this shows the malafide of the opposite party to grab the said amount, whereas, they are legally bound to pay the same which is covered by the RBI Guidelines. It is further pleaded that complainant is legally entitled to claim this amount along with interest on it. It is further pleaded that due to this illegal act and conduct of the opposite party the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is further pleaded that there is a clear cut deficiency in services on the part of the opposite party.
On this backdrop of facts, the complainant has alleged deficiency and negligence in services and unfair trade practice on the part of the opposite party and prayed that necessary directions may kindly be issued to the opposite party to make payment refund amount of Rs.5000/- alongwith compensation of Rs.100/- per day from expiration of seven days w.e.f. 27.03.2018 (as per RBI Guidelines) upto date. The opposite party also directed to play compensation of Rs.20,000/- to the complainant for suffering mental pain, agony, harassment, inconvenience on account of deficiency in services on their part. The cost of proceeding to the tune of Rs.7000/- and any other relief to which the complainant is found entitle to under the law and equity be also granted to the complainant, in the interest of justice.
3. Upon notice, the opposite party appeared through counsel and contested the complaint and filing their written reply, stating therein that the complainant visited the ATM of the branch of opposite party located at Jalandhar Road Batala on 20.03.2018 at 17:30:38 for withdrawal of Rs.5000/- but it is wrong that the transaction was failed and money was not disbursed through ATM Machine. It is further pleaded that said amount of Rs.5,000/- was withdrawn by the complainant through ATM Machine and after disbursement of the amount the complainant got the message on his phone regarding the deduction of Rs.5,000/- from his account. It is further pleaded that on 22.03.2018 the complainant visited the branch of the opposite party and the opposite party directed the complainant to fill the requisite form but it is wrong that the opposite party promised and assured the complainant to refund would be made within in no time. It is further pleaded that it is not admitted that the complainant regularly visited the branch of opposite party every month regarding his grievance but refund is not successful and the opposite party dilly delaying the matter on the one pretext or other. It is pleaded that on the request of the complainant the opposite party on the complaint of the complainant enquire the matter through Charge Back Request Detail vide complaint ID No. 48241/18 dated 22.03.2018 and the said request was declined on the ground that NO EXCESS CASH FOUND AS PER CRA REPORT VILA MAIL. It is further pleaded that the opposite party again enquire the matter as Rs.5,000/- was withdrawn two times on the same day from the account of the complainant i.e. one time from the ATM Machine of opposite party and other is from other bank ATM. It is further pleaded that charge back request again sent via complaint IF CBIS270420180678212 dated 27.04.2018 which was rejected. It is further pleaded that the opposite party again made charge back request if any on dated 19.05.2018 under pre-arbitration and the same was also rejected under charge back request. It is further pleaded that the opposite party never harassed or put off the complainant on one pretext of other. It is further pleaded that infact the present complainant filed the present complaint only to grab the amount of Rs.5,000/- from the opposite party by illegal way.
On merits, the opposite party have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in services on the part of the opposite party. In the end, the opposite party prayed for dismissal of complaint with costs.
4. Learned counsel for the complainant has tendered into evidence affidavit of Harjinder Singh, (Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-8.
5. Learned counsel for the opposite party has tendered into evidence affidavit of Sh. GPS Sandhu, (Branch Manager, Oriental Bank of Commerce) as Ex.OP-1/A alongwith other documents as Ex.OP-1 to Ex.OP-3.
6. Rejoinder filed by the complainant.
7. Written arguments not filed by both the parties.
8. Counsel for the complainant has argued that being account holder and ATM Card holder complainant had made attempt to withdraw Rs.5,000/- through the ATM machine of opposite party at Jalandhar but no cash amount was disbursed by the ATM machine. However, Rs.5,000/- was deducted from the account of the complainant. Copy of message regarding of Rs.5,000/- is Ex.C2, copy of statement is Ex.C3. Thereafter, complainant had reported the matter with the opposite party vide Ex.C4 but opposite party has not refunded the amount of Rs.5,000/- to the complainant which amounts to deficiency in service on the part of the opposite party.
9. Counsel for the opposite party has argued that amount was withdrawn by the complainant and on receiving complaint from the complainant the said request was declined as no excess cash was found as per CRA Report Vila Mail and as such the complaint being false is liable to be dismissed.
10. To prove the case complainant has placed on record his duly sworn affidavit Ex.CW-1/A, copy of message Ex.C2, copy of pass book E.C3, copy of charge back report Ex.C4, copy of application for refund Ex.C5, copy of letter dated 27.05.2011 Ex.C6 and copy of legal notice Ex.C7 whereas on the other hand opposite party has placed on record documents as per which no excess cash found as per CRA Report Vila Mail.
11. Perusal of documents shows that amount of Rs.5,000/- has been deducted from the account of the complainant maintained with the opposite party on 20.03.2018 and complainant immediately lodged complaint with the opposite party on 22.03.2018 vide Ex.C4. The only plea taken by the opposite party is that no excess cash amount found as per CRA Report Vila Mail. Although as per the said report no excess cash is reportedly found as per the opposite party but opposite party has not placed on record any footage of CC TV Cameras installed in ATM cabin to prove this fact that the cash was infact disbursed by the machine. As far as report of opposite party regarding no excess cash is concerned. We are of the view that the said cash was not checked in the presence of any independent person or in the presence of the complainant as such report Ex.OP-1 is not binding upon the complainant. Accordingly failure of opposite party to refund the amount to the complainant amounts to deficiency in service.
12. Accordingly, present complaint is partly allowed and opposite party is directed to pay Rs.5,000/- to the complainant alongwith interest @ 9% P.A. w.e.f. 20.03.2018 till realization within 30 days from the date of receipt of copy of this order. No order as to costs.
13. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
14. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
Oct. 03, 2023 Member.
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