Bihar

Muzaffarpur

CC/11/2011

Upendra Bahadur Mathur - Complainant(s)

Versus

The Chairman, State Bank of India, Corporate Centre & Others - Opp.Party(s)

Smt. Sunita Kumari & Rajesh Kumar Ojha

12 Oct 2015

ORDER

District Consumer Forum, Muzaffarpur

Complain Case No. – 11/2011

1. Upendra Bahadur Mathur, S/o – Brajendra Bahadhur Mathur,              Statistical Assistant Commissioner’s  Office Tirhut Devision, District -Muzaffarpur……………………………………………………….……….Complainants 

V/s

1. The Chairman, State Bank of India, Corporate Centre, Nariman Point Mumbai.
2. The Chief Manager, S.B.I. Red Cross Branch, Muzaffarpur.
3. Chief General Manager, State Bank Of India, Local Head Office, Gendhi Maidan Patna - 800001 ………………………….....…………Opposite Party.

Date of order- 12-10-2015

                                                                                                  Present.

1. Shri Govind Prasad Singh

                                                                                                                        President,

       Consumer Forum Muzaffarpur

2.  Smt. Archana Singh

      Member

       Consumer Forum Muzaffarpur

 

For Complainants- Smt. Sunita Kumari & Rajesh Kumar Ojha, Advocates

For Opposite party- Sri Manoj Kumar Singh, Advocate.

 

Order

           

             Complainant has filed this case on 27-01-2015 with his claim of Rs. 20000/- with interest and Rs. 10000/- for mental, physical harassment as well as Rs. 5000/- for litigation cost.

The case of the complainant appears from his complaint petition supported with an affidavit, that on  04-07-2009 at about 9:30 AM he wanted to check the amount of balance of his account from S.B.I. ATM at chhata chowk and found the machine was out of order and when the machine came in order the complainant became surprise to see the account that Rs. 20000/- has been debited from his account as he has not withdraw any amount from the ATM only he tried to check the balance. Thereafter the complainant reached to S.B.I. Red cross branch Muzaffarpur and has informed the Manager in writing regarding the alleged withdrawal on date 07-07-2009 after that he regularly visited the bank after every 3 to 4 days of intervals and at last he was informed on 11-08-2009 by the chief Manager Mr. Arun Kumar of the branch that

“No access amount found in ATM machine on that particular date           04-07-2009. The transaction is successful.”

The complainant had not withdrawn the said amount from his ATM account. He is suffering from mental torture and the matter has not been solved by O.P. no. 2. He wants Rs. 100 per day as harassment with interest. Accordingly he has filed this case with aforesaid claim.

The complainant has filed Xerox copy of his letter dt. 06-10-2009 endorsed to CGM S.B.I. Patna. Xerox copy of customer transaction, copy of passbook, courier receipt, request detail of ATM, and letter dt. 20-10-2009 to the complainant which are annexure 1 to 6. He has further filed letter dt. 07-07-2009 endorsed to the Chief Manager S.B.I. Red cross branch Muzaffapur.

In this case O.P. has appeared and filed his W.S. dt. 29-06-2012 supported with an affidavit admitting the existence of account of complainant in his branch. The complaint lodged by the complainant regarding the aforesaid facts also been admitted and in this regard the O.P. found in enquiry about the fact of ATM machine, consumer transaction paper and ATM log found operational successful and gave those paper to the complainant in support of the fact that transaction is successful which he has filed. The bank is confident that transaction was successful. They have further submitted that due to long time of interval as the occurrence is of 04-07-2009 so bank is unable to file fresh customer transaction and ATM log paper before the court and on this ground the O.P. has prayed to dismiss the case.

Considering the facts circumstances material available with record as well as allegation of the respective parties it is admittedly clear that there was transaction appears as have been made by the complainant at the ATM centre of same bank i.e, S.B.I. situated at chhata chowk Muzaffarpur. As per the allegation that complainant has not operated the ATM for withdrawal of Rs. 20000/- but withdrawal of Rs. 20000/- was happen. In this regard the complainant has not submitted that how and when he get it acknowlege the said withdrawal of Rs. 20000/- from his account and has not filed any paper of slip regarding the alleged withdrawal and has not mentioned any fact regarding the alleged withdrawal that the slip was not delivered by the ATM.

As per his allegation when he acknowledge the said withdrawal he made complain on 07-07-2009 and on enquiry the chief manager has found the withdrawal was successful and he also found that no excess money found in the ATM on the particular date for which he has given two allegations for the same facts appears which can not be disbelieved on naked perusal. In this regard first burden of proof comes at the soldier of complainant. The complainant has not file any paper as substantive evidence in support of his actual non withdrawal of Rs. 20000/- against which the paper filed by him goes to substantiate the fact of withdrawal of Rs. 20000/- from the said ATM on the said date, time and place form the account of the complainant. As such how it can be believed that complainant had not receive the said money. Without any cogent and consistent material as such we are at conclusion that the complainant is not found able to prove his case.    

Accordingly the case and the same is dismissed with cost.

 

Member                                                                                  President