In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   309 / 2010.

1)                   Shri Debotosh Biswas,

40, Kabir Road, Kolkata-700026.                                                                        ---------- Complainant

---Versus---

1)                   The Chief Manager, State Bank of India,

Southern Avenue Branch, Kolkata-700026, P.S. Tollygunge.                    ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.    18   Dated  30/04/2012.

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Shri Debotosh Biswas against the o.p. State Bank of India, Southern Avenue Branch. The fact of the case in short is that complainant went to ICICI Bank ATM booth for drawal of Rs.5000/- from the said ICICI Bank on 24.8.10 and received a mini statement showing that on 14.1.10 he drew of Rs.5000/- twice. The complainant is a SB A/C holder in State Bank of India, Southern Avenue Branch having SB A/C no.11074528165 and the said SBI issued ATM card named Maestro Debit Card no.4283/79 being customer. Further case of the complainant is that the SBI informed the complainant that the complainant withdrew from ATM NCAL00601111111 on 14.1.10 TXN 3040 under Union Bank of India, Kolkata Municipal Corporation Building. Complainant has stated that he never had been to Union Bank ATM. Further case of the complainant is that complainant informed the authority of SBI, Southern Avenue Branch on 12.1.10 and further informed on 5.4.10. Specific case of the complainant is that complainant never withdrew Rs.5000/- twice on 1.4.1.10 only withdrew Rs.5000/- from ICICI Bank ATM and has prayed for reverse of amount of Rs.5000/- from his aforesaid SB A/C with a prayer mentioned in the prayer portion of the petition of complaint. Hence, the case.

            O.p. had entered its appearance by filing w/v stating that complainant withdrew twice Rs.5000/- and prayed for dismissal of the case.

 Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular. Matter in issue centres around all aspects as to whether complainant withdrew Rs.5000/- twice or for once on 14.1.10 through ATM from his aforesaid SB A/C. Now we find from annex-A attached with w/v of o.p. that on 14.1.10 had 12-23 hours as against the said ATM card first transaction was declined and on the same date at 12-24 hours second transaction was entertained by ATM machine in the matter of withdrawal of Rs.5000/- as against the aforesaid account of the complainant from Union Bank of India ATM. This is the document filed by o.p. and from this document it is clear that the complainant never withdrew Rs.5000/- twice and as such, we hold that the o.p. had sufficient deficiency in this regard being service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against o.p. O.p. is directed to reverse the sum of Rs.5000/- (Rupees five thousand) only and the interest as against the said sum inclusive all the interest accrued thereto till the date of compliance. O.p. is directed to pay to the complainant a sum of Rs.2000/- (Rupees two thousand) only for his harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties.

   ____Sd-____                     ______Sd-_____                  ______Sd-________

     MEMBER                            MEMBER                        PRESIDENT