Date of Filing : 27.07.2011
Date of Order : 03.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 3rd APRIL 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA, B.A., LLB. …….. MEMBER
CC No. 168 / 2011
Sri. R. Balakrishna,
C/o. Nikhil Enterprises, Keelukote,
Kolar – 563 101.
(By Sri. N. Mylari Gowda, Adv.) ……. Complainant
V/s.
1. The Deputy General Manager,
Canara Bank, Circle Office,
Bangalore Rural, Spencers Towers,
No. 86, M.G. Road,
Bangalore.
2. The Branch Manager,
Axis Bank, Cottonpet,
Kolar.
(By Sri. N.G. Vasudeva Murthy, Adv.) …… Opposite Parties
ORDER
By Sri. H.V. RAMACHANDRA RAO, PRESIDENT
The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay to the Complainant Rs.30,000/- are necessary:
On 11.05.2011, Complainant went to withdraw the money from the ATM of Canara Bank at BMTC Bus Stand, Ashoknagar, Bangalore. ATM machine did not release the amount of Rs.10,000/-. Complainant went to another ATM at Malur and he came to know the debit of Rs.10,000/- in his account. This was informed to OP2 and on their advise complaint was lodged. After 12 days when the Complainant approached OP2, he directed the Complainant to take necessary action and said that transaction is complete. Complainant approached Upparpet Police Station in the matter who directed the Complainant to bring clippings from the ATM - CCTV. Ops made the Complainant to visit one ATM to another ATM and to one place to another place. Hence the complaint.
2(a) In this case OP1 had filed version, but it is signed by only Advocate for the OP1 and it is neither signed nor verified by OP1. Hence, it is no version in the eye of Law. Hence it is not summarized.
2(b) In brief the version of OP2 are:
On 11.05.2011, Complainant informed in writing that he tried to withdraw the cash of Rs.10,000/- from OP1 using his debit card and cash was not dispensed. Complaint was recorded. On 20.05.2011, OP1 responded that the said transaction was successful one and they have provided copies of JP log of the disputed transaction.
3. To substantiate their respective cases, Complainant has filed affidavit, OP1 has filed Memo stating that the version be read as its evidence. As OP2 was absent, Complainant and OP1 were heard.
4. The points that arise for our consideration are:
(A) Whether there is deficiency in service ?
(B) What order ?
5. Our findings are:
(A) Positive
(B) As per detailed order for the following reasons
REASONS
6. Reading the pleadings in conjunction with the affidavits and documents on record, it is an admitted fact that the Complainant is having S.B. Account bearing No. 082010100303705 with OP2 since 13.12.2006, which is Salary Savings Account at Adyar Branch, Chennai and it was transferred to OP2. It is also an admitted fact that on 11.052011 Complainant went to ATM and using his ATM Card tried to draw the money from ATM installed in the premises of OP1. According to the Complainant, money did not come. According to Complainant, he went to Malur to draw the money from ATM. But to his surprise, he received ATM slip stating that Rs.10,000/- was successful one at ATM counter of OP1.
7. Further it is also an admitted fact that the Complainant had lodged the Complaint with OP2 on 11.05.2011. OP2 has stated thus:
“On 11.05.2011 Mr. R. Balakrishna informed in writing that he tried to withdraw cash of Rs.10,000/- (Rupees Ten Thousand only), in Canara Bank ATM, Bangalore Branch, through his Debit Card bearing No. 4688 0590 0842 7400 and the cash was not dispensed at the ATM. However his account got debited for Rs.10,000/-
As per our Banks procedure we have recorded the same in our Customer Complaint Resolution Software (CCRS) on the same day and a charge back was raised with the acquiring Bank, i.e., Canara Bank.
On 20.05.2011, the acquiring Bank i.e., Canara Bank responded that the said transaction was a successful one and as a proof of this they have provided the copies of JP Log of the disputed transaction”
That means on the very day the Complainant had informed the OP2 that the amount had not come. OP2 had simply written to OP1 and OP1 has simply stated that transaction was successful and the provided copies of the JP log, that’s all, nothing else. Here the Complainant wanted CCTV coverage of ATM counter, that has not been provided. This is nothing but deficiency in service. Further, as the Complainant has alleged that the amount has not been received by him from the ATM machine, it was incumbent upon by the OP2 to get the cash in the ATM Machine on 11.05.2011 checked by OP1 and got it compared with the statement of accounts of that ATM machine on that day any money is with them excess or not, that has not been done. This is nothing but deficiency in service.
8. Here there is no consumer & trader relationship with the Complainant and the OP1. Complainant is having account with OP2. Complainant may operate his ATM Card anywhere, but it is the responsibility of the OP2 and not OP1. If such mistake in the ATM of OP1, OP2 would have disassociated with OP1, that has not been done. Here, OP2 would have got CCTV coverage and would have got the machine of OP1 checked, that has not been done. It means, there is deficiency in service. Hence, under these circumstances, we hold the points accordingly and pass the following order:
ORDER
1. Complaint is allowed in part.
2. OP2 is directed to pay to the Complainant a sum of Rs.10,000/- (Rupees Ten Thousand only) together with interest thereon @ 12% from 11.05.2011 until payment within 30 days from the date of this order.
3. OP2 is also directed to pay Rs.2,000/- as costs of this litigation to the Complainant.
4. OP2 is also directed to send the amount to the Complainant as ordered at (2) & (3) above by Demand Draft through RPAD and submit to this Forum the compliance report with necessary documents within 45 days.
5. Send copy of the Order to the parties concerned free of cost.
6. Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 3rd April 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
