Tamil Nadu

South Chennai

CC/35/2014

Alaya Mani - Complainant(s)

Versus

The Chairman & Managing Director - Opp.Party(s)

T.Dharani

29 Jul 2015

ORDER

                                                                        Date of Filing :   08.08.2013

                                                                        Date of Order :   29.07.2015.

 

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,                     : PRESIDENT

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER II

 

C.C.NO.35/2014

        WEDNESDAY THIS 29^TH   DAY OF JULY  2015     

 

Alaya Mani,

No.16/2, Ayothi Nagar,

Triplicane,

Chennai 600 005.                                        ..Complainant

                                      ..Vs..

1.  The Chairman & Managing Director,

Indian Overseas Bank,

No. 762 Anna Salai,

Chennai 600 002.

 

2. The Branch Manager,

Indian Overseas Bank,

No.78 Bella Road,

Chepauk,

Chennai 600 005.                                                        ..Opposite parties.

 

 

For the Complainant             :   M/s. T. Dharani  

For the Opposite parties         :  M/s. Sunanda Suren   

 

        This complaint is being filed by the complainant u/s 12 of the C.P. Act 1986 to pay a balance amount of Rs.13,000/- to the complainant  and also to pay a sum of Rs.1,00,000/- as compensation  for the mental agony with interest to the complainant.

ORDER

 

THIRU. B. RAMALINGAM PRESIDENT

 

 

         

1.The case of the complainant is briefly as follows:-

        The complainant is having an account with opposite parties’ bank in account No.179101000001483 and he has been operating the above said account regularly.    On 17.1.2013 the complainant used the ATM of opposite party bank  and wanted to withdraw cash from the ATM to the tune of Rs.17,000/- Accordingly he entered the withdrawal amount as Rs.17,000/- and was waiting for the cash.  But he received only 8 notes of Rs.500/- each, which amounted to only Rs.4,000/- and he did not get the balance amount of Rs.13,000/- from the ATM machine.  He tried his level best to get the remaining amount of Rs.13,000/- from the ATM machine, by pressing time and again the buttons, but to his total disappointment he never got the above said balance amount of Rs.13,000/- from the ATM machine.    The complainant immediately came to the 2^nd opposite party’s branch in person and made a complaint to the branch officials about the non-receipt of the balance amount of Rs.13,000/- from the ATM machine.  The Brach officials asked the complainant to wait for two or three days. As no such calls were received from the 2^nd opposite party and the complainant again visited the 2^nd opposite party and gave a complaint dated 23.1.2013.   The bank vide its letter dated 13.2.2013 i.e. almost after 25 days from the date of the incident, informed the complainant that the 2^nd opposite party has been advised by their ATM Central Office, that as per switch report and EJ copy, the transaction was a successful one.  Also the 2^nd opposite party has not provided the copy of the above said communications to the complainant till date.   When he has made the complaint about non-receipt of the balance amount of Rs.13,000/- from the ATM machine, the bank should have taken immediate steps to check the balance amount in the ATM machine and the bank is liable to make good the loss to the complainant, due to the poor and irresponsible functioning of the opposite parties.     As  such the act of  opposite party is amounts to deficiency of service which caused mental agony and hardship to the complainant. Hence the complaint.

Written  version of    opposite party is  as follows:-

2.       The opposite party denies all the averments in the complaint as false, vexatious and unsustainable both on law and on facts of the case and except those that are specifically admitted herein.   Once the customer inserts the ATM card, the system will ask for password.  The system will then ask whether the card holder requires a printout for the transaction.  The ATM card holder has to opt for yes or no and then only the system will go to the next menu.    Once the customer enters the nature of account and withdrawal amount the system would check for the balance availability and if balance is available, it would debit the amount to the account and payment would be disbursed.   A printout will be generated with the record number, amount and balance after withdrawal.  If the transaction is declined, the screen  would show that the transaction is declined and the reason for declining.   If an error message “Insufficient Funds” is displayed on the screen, it indicates that the amount requested through the ATM exceeds the balance available in the account of the customer.  When such an error message is displayed on the screen, ATM would handover print copy of the message through the receipt slot.  The opposite parties state that in the case of the complainant it is evident that the referred transactions were successful.  A copy of the transaction will be available in the transaction log with the ATM machine.  Copy of the log is produced, which clearly shows the transactions were successful.  Hence the claim by the complainant that money was not received is false.   They had informed the complainant that enquiry was conducted and switch report, E.J. log and cash report was verified and on verification it was found that the transaction was a successful one and rejected the complaint.  There is no deficiency in service on the part of the opposite parties.   Hence the complaint is to be dismissed.  

3.     Complainant has filed his Proof affidavit and  Ex.A1 to Ex.A6 were marked on the side of the complainant.   Opposite party  has  filed his   proof affidavit and Ex.B1 to Ex.B8 were  marked on the side of the opposite party.

4.      POINTS 1  & 2 :

          Perused the complaint, written version filed by the opposite party, proof affidavit of both side and documents Ex.A1 to Ex.A6 filed on the side of the complainant and the documents Ex.B1 to Ex.B8 filed on the side of the opposite party and considered the both side arguments.    It is the admitted case that the complainant is holding savings account with the opposite party.  On 17.1.2013 the complainant went to the ATM of opposite party to withdraw a sum of Rs.17,000/- instead of Rs.17000/- he received only  eight notes of Rs.500/- each totaling for Rs.4,000/- only and he did not receive the balance amount of Rs.13,000/- from the said ATM machine.   Immediately the complainant has made a complaint to the 2^nd opposite party branch in person about the non receipt of balance amount of Rs.13,000/- from the ATM machine.  Though the complainant was asked to wait for two or three days for checking  and verification no reply was given.  Again the complainant has visited on 23.1.2013 to file written complaint about the same.   The opposite parties have given reply on 13.2.2013 i.e. almost 25 days from the date of this incident.   But not produce any such document to the complianant.  Despite of several demands made by the complainant the opposite party has not paid the said the amount of Rs.13,000/- to the complainant which amounts to deficiency of service on the part of the opposite parties in maintaining the said ATM machine as such which caused mental agony and hardship to the complainant and claim the return of the said amount with interest and also compensation of Rs.1,00,000/-.

5.     Whereas the opposite party has resisted the complainant’s contention stating that the use of the ATM by the complainant is of person pin number of his own provided for the said card.   On the receipt of the complaint made by the complainant  the ATM (MID) transaction Banking Department checked, conducted enquiry and verified switch report, EJ Log and cash report and on verification found that the transaction done by the complainant was a successful one and rejected the complaint on 22.1.2013 which facts were intimated to the complainant in person.  The complainant again on 23.1.2013 had made another complaint to the opposite party ATM-MID transaction Banking Department once again who had verified the records and found that there is no overage reported on 17.1.2013 and the subsequent dated i.e. 18.1.2013 & 19.1.2013 and rejected the claim on 5.2.2013.  Further stated that as stated above  having informed the complainant in person that the ATM-MID transaction Banking Department checked, conducted enquiry and verified switch report, EJ log and cash report and on verification found that the transaction done by the complainant was a successful one and rejected the complaint, despite of it the complainant raising further grievance against the said complaint and file this complaint seeking return of the amount with interest and compensation is no valid and the complaint is liable to be dismissed. 

6.     In support of the above said contention made by the opposite party the opposite parties have filed in EJ Log transaction dated 17.1.2013 of the said ATM as Ex.B1 and Switch report Ex.B2 and ATM cash report showing no overage pertaining dated 17.1.2013 & 18.1.2013 as Ex.B3.  On the perusal of said documents filed by the opposite parties it is very clear that the ATM machine which is used for withdrawing the amount by the complainant on 17.1.2013 is not defective or mechanically out of order.  Further the amount in respect of the transaction through the said ATM machine for dated 17.1.2013 & 18.1.2013 on based upon opening balance and the withdrawal as per draft format for ATM reconciliation report Ex.B3, there is no cash differences is found out.  Further in respect of particular transaction which complainant made for withdrawal of the amount through the said ATM as per the switch report filed by Ex.B2 the amount withdrawal is Rs.17,000/- and the transaction was success as mentioned in status column.  Therefore it is also further stated by the opposite party that there is no complaint with regard to the withdrawal by using the said machine for the relevant dated 17.1.2013 & 18.1.2013 from another other customer.  Therefore as per the contention of the opposite party based upon the necessary documentary evidence produced on the side of the complainant with regard to the transaction of the said machine for the relevant period and the particulars of withdrawal of the complainant in particular the opposite party has proved that as per the above said record the complaint mentioned transaction made by the opposite party i.e. a withdrawal amount of Rs.17,000/- was successful.  Contrary to this the complaint mentioned grievance that the complainant has received only Rs.4,000/- and balance of Rs.13,000/- has not been received from the ATM due to mechanical defect of the said ATM is not proved by the complainant.   It is also pertinent to note that there is no complaint from any other person about the said ATM machine for the relevant date with regard to the withdrawal.   Further in civil matter the complainant has to prove the claim for preparedance  of evidence.  Whereas in this case the opposite parties have produced necessary particulars of transaction made through the said ATM machine on the particular date and no overage cash balance  found is also proved by production of above said documents filed by the opposite parties.  Therefore the complainant grievance that at the time of withdrawal of Rs.17,000/- he was received only Rs.4,000/-  and remaining of Rs.13,000/- not received by him due to defect of the machine is not proved by the complainant.   Therefore the complainant has miserably failed to prove the deficiency of service attributed against the opposite parties in the complaint.  As such the complaint is liable to be dismissed and as such the points 1 & 2 are decided accordingly. 

        In the result, the complaint is dismissed.  No cost.  

 

Dictated to the Assistant  transcribed and typed by her corrected and pronounced by us on this the 29^h day of July 2015.

 

MEMBER-II                                                                                 PRESIDENT

Complainant’s side documents

Ex.A1- 23.1.2013  - Copy of compliant given by the complainant.

Ex.A2- 13.2.2013  - Copy of reply from the opposite party.

Ex.A3- 9.5.2013    - Copy of legal notice issued by the complainant’s 

                               counsel.

 

Ex.A4- 1.7.2013    - Copy of reply notice from the opposite party’s counsel.

 

Ex.A5-         -       - Copy of bank account statement of the complainant.

 

Ex.A6-         -       - Copy of complainant’s ID proof of ration card.

 

Opposite party’ side documents : -

Ex.B1- 17.1.2013  - Copy of EJ log transaction

Ex.B2- 17.1.2013  - Copy of Switch report.

Ex.B3-17.1.2013 to- Copy of ATM Cash report showing no overage.

          18.1.2013   

 

Ex.B4-         -      - Copy of statement of account of complainant.

 

Ex.B5- 23.1.2013 - Copy of letter from complainant to 2^nd opposite party.

 

Ex.B6- 13.2.2013  - Copy of reply from 2^nd opposite party to complainant.

 

Ex.B7- 9.5.2013    - Copy of legal notice of complainant.

 

Ex.B8- 1.7.2013    - Copy of reply notice sent by opposite parties.

 

 

MEMBER-II                                                                                    PRESIDENT.