Complaint filed on: 14.10.2015

Complaint Disposed on:08.03.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.

COMPLAINT NO.132/2015

DATED THIS THE 08^th DAY OF MARCH 2017

:PRESENT:

HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT

HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER

HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER

COMPLAINANT:

Smt.Swarnagouri W/o Poornesh,

A/a 42 years, L.I.C Agent,

1^st Cross, Vijayanagara Extention,

Chikmagalur Town.  

(By Sri/Smt. V.R.Poornesh, Advocate)

V/s

OPPONENT:

1. The Manager,

        Corporation Bank,

         M.G Road,

         Chikamagalur.

    2. The Manager,

        State Bank of India,

        Yashoram Chamber,

        Ratnagiri Road,

Chikmagalur.

 (OP No.1 – Ex-parte)

(OP 2 By Sri/Smt. N.R.Thejasvi, Advocate)

Judgement Delivered By Hon’ble Member Smt. B.U.Geetha,

:O R D E R:

The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP Nos. 1 & 2 alleging deficiency in service in deducting an amount of Rs.4500/- from complanant’s S/B Account. Hence, prays for direction against Op Nos. 1 & 2 to credit the amount of Rs.4500/- to the complainant’s S/B Account No.26049.

2.     The brief facts of the complaint is that:

The complainant has a S/B Account in the Corporation Bank vide account no.26049 and using ATM card. Such being the case on 05.06.2014 the complainant has received a message to her cell phone from Op No.1 bank that Rs.4500/- was deducted from her account. When complainant enquired with the Op No.1 bank about suspicious transaction, the Op No.1 bank told that she has drawn the said amount on 31.10.2013 through ATM and Op No.1 was not debit the said amount to the complainant account. This is so called suspicious transaction is not mention in the pass book maintained by the complainant. After the suspicious transaction complainant give a letter on 10.11.2014 to the Op No.1 bank to requested to want to see the details of video clips recorded in the CC TV footage and the copy of this letter send to the Banking Ombudsman, Reserve Bank of India, Bangalore. The Banking Ombudsman given the untenable reply on 04.06.2015 to the complainant. The Op no.1 ill-legally deducted of Rs.4500/- from complainant account. This attitude amounts to deficiency in service and breach of trust. Hence, complainant filed this complaint, prays for direction against Op No.1 & 2 to credit the said amount of Rs.4500/- to the complainant’s S/B Account along with compensation of Rs.1500/- for deficiency in service.

3. After service of notice Op no.1 has not appeared before this Hon’ble Forum to defend the case, hence, Op no.1 placed exparte. Op no.2 appeared through his counsel and filed version and contended that the entire averments made by the complainant are all false and incorrect.

5.     The complainant filed affidavit and marked the documents as Ex.P1 to P4 and also OP Nos. 2 filed affidavit and marked the document as Ex.R1 and R.2.

5.     Heard the arguments

6.     In the proceedings, the following points do arise for our consideration and decision:

1. Whether there is deficiency in service on the part of Ops in not credit the amount of Rs.4500/-?
2. Whether complainant entitled for any relief & what Order?

7.     Our findings on the above points are as follows:-

1. Point No.1: Negative.  
2. Point No.2: As per Order below. 

: R E A S O N S :

POINT NOs. 1 & 2:

8. On perusal of the pleadings, affidavits and documents produced by both complainant and Op no.2 we observed that complainant is having S/B Account with Op no.1 bank and S/B account no.26049 and also it is admitted fact that, on 05.06.2014 complainant has received a message to her cell phone from Op no.1 bank that, Rs.4500/- was debited to her account, for that, complainant enquired with Op No.1 bank about the suspicious transaction, Op No.1 bank told that, she has drawn the said amount on 31.10.2013 through ATM and Op No.1 was debit the said amount to the complainant account, for that complainant given a letter on 10.11.2014 which is marked as Ex.P.2 to the Op by requested to want to see the details of the video clips recorded in the CC TV footage and also produced a letter by Banking Ombudsman which is marked as Ex.P.3 in that reply, they have clearly stated that complainant has attempted to withdraw the money at SBI ATM bearing ID No.00143001, it is informed by acquirer bank vide its e-mail dated 14.02.2015 that the transaction no.3156 dated 31.10.2013 is successful transaction and as per branch replenishment-cum-cash verification records, no excess amount or cash was found on 31.10.2013 for TXN no.3156 at ATM and also informed that since disputed transaction was happened before 90 days video footage of the transaction is not available at their end. It is also informed by the FTS centre vide its e-mail dated 14.02.2015 that the above successful transaction was done by the customer on 31.10.2013, due to glitch in our switch the same could not be debited to her account on that day. During reconciliation the same was located and debited on 05.06.2014.

        Op no.2 also produced transaction report of ATM which is marked as Ex.R.2, in that report it is clearly shows that the complainant has withdrawn sum of Rs.4500/- from ATM of the Op on 31.10.2013 from ATM ID no.006240001 at about T.R. time 15:28:42 through card no.4890210081008237, account no.81000010103576401 and the same is reflected in the ATM transaction report. Therefore, from the above evidence it is clear that, the complainant has withdrawn a sum of Rs.4500/- from his S/B Account on 31.10.2013. The transaction was successful but due to glitch in switch, the same could not be debited to his account on that day. During reconciliation the same was debited on 05.06.2014.

        It is only misunderstood by the complainant that, after receiving the message, she presume that, she was not withdrawn the amount. But the message which was send by Op is only transaction with response to the withdrawn amount of Rs.4500/- on 31.10.2013. We are of the opinion that Op No.1 bank has send a message at belated time. Hence, we found there is no dispute as alleged by complainant and complainant failed to establish a deficiency in service on the part of Op no.1 and 2 and we found that, there is no deficiency in service and complainant is not entitled to get any relief claimed in the complaint. Hence, complaint is liable to be dismissed and for the above said reasons we answer the above point no.1 and 2 in the negative and proceed to pass the following:-    

: O R D E R :

1. The complaint filed by the complainant is hereby dismissed.  No order as to costs.

2. Send free copies of this order to both the parties.

(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 08^th day of March 2017).

                                 (RAVISHANKAR)

                                      President

(B.U.GEETHA)                                         (H. MANJULA) 

     Member                                                    Member   

ANNEXURES

Documents produced on behalf of the complainant:

Ex. P1               -           Requirement of complete transaction details dtd:05.06.14.

Ex.P2                -           Requisition letter dtd:10.11.14 given by complainant to Op

Ex.P3                -           Letter issued by Banking Ombudsman.

Ex.P4                -           Bank Pass book of Corporation Bank.

Documents produced on behalf of the OPs:

Ex. R1              -           Authorization letter to give evidence.

Ex.R2               -           Transaction Report of the ATM (2 pages)

Dated:08.03.2017                         Member

                                      District Consumer Forum,

                                                  Chikmagalur.