Haryana

Karnal

CC/700/2022

Nitin Kumar - Complainant(s)

Versus

The Manager, Canara Bank - Opp.Party(s)

Jagmal Singh Chauhan

01 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 700 of 2022

                                                        Date of instt. 09.12.2022

                                                        Date of Decision: 01.04.2024

 

Nitin Kumar son of Shri Rajesh Kumar, resident of H.No.358, Khatrian Mohalla, Jundla Gate, Karnal.

                                               …….Complainant.

                                              Versus

 

The Branch Manager, Canara Bank, SME Branch, Sector-16, Urban Estate, Karnal.

                                                                      …..Opposite party.

 

Complaint Under Section 35 of Consumer Protection Act, as amended up-to-date.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

      Dr. Suman Singh…….….Member

 

 Argued by: Shri J.S.Chauhan, counsel for complainant.

Opposite party proceeded against exparte VOD 27.03.2023

 

                    (Jaswant Singh President)

ORDER:  

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant has been maintaining a saving account bearing A/c No.5053101000207 in the bank of OP. On 26.03.2023, the complainant tried to withdraw an amount of Rs.10,000/- from the ATM installed at ISBT Delhi but unfortunately the amount was not withdrawn  and the transaction was failed but after sometime, complainant checked the balance, he shocked to see that an amount of Rs.10,000/- has been debited from his account. Complainant immediately contacted customer care, they requested to wait for 48 hours and assured that the amount will be credited in the account of complainant. After waiting 48 hours, complainant moved a written complaint to the Manager of Home Branch and waited for 2-3 days but even then the amount was not credited in the aforesaid account. The complainant was asked to deposit Rs.500/- plus GST for verification of amount of third party and on this count, the OP debited Rs.500 plus GST in the account of complainant. On 17.04.2022, 25.04.2022 and 29.04.2022 and on many other occasions, complainant sent e-mails to the OP and requested to credit the amount but to no effect. On 08.07.2022, the OP have flatly refused to pay/credit the aforesaid amount in the account of complainant. Complainant also sent a registered legal notice through his counsel to the OP but the OP has not paid the amount and gave a false and indefinite reply to the notice. In this way, the OP has committed deficiency in services and unfair trade practice. Hence, the present complaint.

2.             Despite service of notice none has appeared on behalf of OP and it opted to be proceeded against exparte, vide order dated 27.03.2023 of the Commission.

3.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of e-mail Ex.C1, copies of statement of accounts Ex.C2 and Ex.C3 and closed the evidence on 02.11.2023 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that in an failure transaction through ATM machine, an amount of Rs.10,000/- has been debited from the account of the complainant and despite several requests through e-mails, written requests, etc. the said amount has not been credited in the account of the complainant. Due to the said act of the OP, the complainant has suffered mentally as well as financial loss and lastly prayed for allowing the complaint.

6.             The complainant has alleged that on 26.03.2022, while withdrawing an amount of Rs.10,000/- from the ATM, the transaction has been failed but despite that the said amount has been debited from the account of the complainant. The onus to prove his version was relied upon the complainant but the complainant has failed to prove his case by leading cogent and convincing evidence. A perusal of account statements Ex.C2 and Ex.C3 shows that on 26.03.2022, one transaction of depositing of Rs.25,000/- has been made and there no transaction of withdrawing of Rs.10,000/- through ATM as alleged by the complainant. On 27.03.2022, a transaction of Rs.10,000/- has been made by which an amount of Rs.10,000/- has been withdrawn and the said amount has been shown to be reversed in the account of the complainant on the same day. Moreover, the complainant has alleged that he has made written complaint to the home branch but he has not placed on file any written complaint. In the complaint, the complainant has alleged that the OP has given a reply to the legal notice, that has also not placed on file by the complainant. It seems that the complainant has filed the present complaint only to harass the OP and to extract money from it. The present complaint is nothing but a bundle of lies.

7.             Thus, as a sequel to abovesaid discussion, we find no merits in the present complaint and the same is deserves to be dismissed and the same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 01.04.2024                                                                   

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

     

(Vineet Kaushik)             (Dr. Suman Singh)

                     Member                         Member