Date of filing:- 15/01/2021.

                                                                                                                                                  Date of Argument:- 03/09/2022.

                                                                                           Date of Order/Judgement:-09/09/2022.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,

B A R G A R H.

Consumer Complaint No. 12 of 2021.

Iswar Bhoi, aged about 64 years, S/o. Late Tanganu Bhoi, Occupation. Retired. Corporation  Employee, Resident of Tora, Po. Tora, Ps/District. Bargarh.

                                                                                          .....       .....       Complainant.

V e r s u s

The Chief Manager, State Bank of India, Main Branch, At. Main Road  Bargarh Branch, Bargarh, Po/Ps/Dist. Bargarh.                           

 ...            …..  Opposite Party.                                     

Counsel for the Parties:-

For the Complainant :- :- Sri G.D. Dash,  Advocate with associate Advocates.

For the Opposite Party:-          :- Sri A.K. Patra, Advocate with associate Advocates.

                                                -: P  R  E  S  E  N  T :-

Dr. Ramakanta Satapathy   .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.09/09/2022.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Dr. Ramakanta Satapathy, President:-

1. The Case of the Complainant is that the Complainant is having a S.B. A/c No. 30282541488 with the Opposite Party Bank and as a retired B.S.N.L. personnel deals his pension through the said account.

        On 12/08/2020 the Complainant used the ATM for withdrawal of Rs.10,000/-(Rupees ten thousand)only from Hatpada Market 2 machine. During withdrawal a wrong password was used for which the ATM displayed declined due to incorrect PIN. The Complainant again used the ATM and Rs.10,000/-(Rupees ten thousand)only was withdrawn, got the message that the transaction is successful. Each time the Complainant got the message that Rs.10,000/-(Rupees ten thousand)only has been withdrawn vide TXN No. 1418 and TXN No. 1419 and Rs.20,000/-(Rupees twenty thousand)only debited from the A/c although he received Rs.10,000/-(Rupees ten thousand)only.

      On 17/08/2020 Complaint No. 23614184 was lodged, the Complainant rushed several time to the Opposite Party but the Opposite Party deferred the matter on some pretext. As a senior citizen, being harassed and mental tension for the deficiency in service of the Opposite Party, the Complainant filed this Complaint.

2. After due notice Sri A.K. Patra and Sri M.K. Satpathy, Advocates appeared on 19/03/2021 on behalf of Opposite Party but not filed any version. The Opposite Party  was set exparte on 29/07/2022. The matter was taken up on exparte basis.
3. Perused the documents filed by the Complainant and submissions of learned Advocate for Complainant Sri G.D. Dash. The account statement in S.B. A/c No. 30282541488 reflects the transaction details. ATM cash 1418  BARGARH ATM  WDL and ATM Cash 1419 BARGARH DEP TFR dated 12/08/2020 through two transactions Rs.10,000/-(Rupees ten thousand)only each has been debited from the A/c of the Complainant. The transaction slip dated 12/08/2020 reflects card ending xxx7134 has been declined due to incorrect PIN. On 05/11/2020 the Opposite party issued a slip quoting the Complaint ticket No. 6745205931 and assured to resolve the issue within 7 days. On 06/11/2020 another slip was issued by the Opposite Party with assurance to resolve the claim on 4 working days. On 17/08/2020 the Complainant lodged the Complainant.

         The Complainant being a senior citizen rushed to the Opposite Party. Several times but the problem was not resolved by the Opposite Party.

4. The Complainant lodged the Complaint on 17/08/2020 but till 05/11/2020 and 06/11/2020 the problem has not been resolved by the Opposite party nor the amount of Rs.10,000/-(Rupees ten thousand) only has been refunded. As the Opposite party failed to refund the amount within 7 days although assured to solve on 05/11/2020, it amounts to deficiency in service of the Opposite Party. The learned counsel for Complainant submitted that Rs.10000/-(Rupees ten thousand) only has not been refunded by the Opposite party yet. Pension amount of a senior citizen has been blocked by the Opposite Party without assigning any reason. Accordingly it is ordered.

O R D E R

          The Complaint is allowed exparte against the Opposite party. The Opposite Party is directed to refund Rs.10000/-(Rupees ten thousand) only which was debited from S.B. A/c No. 30282541488 through first slot within one month failing which the Opposite Party is liable to pay the amount along with interest @ 7% P.A. w.e.f. 12/08/2020  till realization. Further for the harassment and suffering of a senior citizen the Opposite is liable to pay compensation of Rs.50,000/-(Rupees fifty thousand)only.

            Order pronounced in open court on this 9^th September 2022.

            Supply free copies to the parties.

                   Typed to my dictation

                                                                                                       and corrected by me.                                                                                            

            I  agree/-

      ( Anju Agarwarl)                                                          ( Dr. Ramakanta  Satapathy)

        M e m b e r (w)                                                                         P r e s i d e n t.

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