In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 295 / 2008.
1) Jhunu Nandy,
Sreosi Apartment, 1st Floor,
88, Garfa Main Road, Kolkata-700075. ---------- Complainant
---Versus---
1) The Manager, HSBC Bank Ltd.,
AMBAL HOUSE, 610, Anna Salai, Chennai-600006.
2) The Branch Manager, HSBC Bank Ltd.,
Gariahat Branch,
5, Rammani Chatterjee Road, Kolkata-700029. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 32 Dated 26/04/2012.
Instant case has been filed by the complainant u/s 13 of the C.P. Act against the o.ps. with allegation of deficiency in rendering service.
In a nutshell the case of the complainant is that the complainant being saving account holder (vide SB A/C no.023-441173-006) of the o.ps. viz. HSBC Bank Ltd. for the purpose of withdrawal of an amount of Rs.500/- from the ATM counter of the o.ps. But on 6.10.05 at about 10:10:13 seconds the complainant placed her credit card vide no.4384 5999 9742 6647 at the ATM counter at Golpark Branch but due to some mechanical fault the aforesaid ATM machine did not dispense any sum of the amount of Rs.500/-. Though the complainant tried for three times for withdrawal of the amount but failed to obtain the same and the withdrawal slip also did not come out showing withdrawal of any transaction. Thereafter on 6.11.05 the complainant received a statement bill dt.27.10.05 and was shocked to note that on 6.10.05 on three occasions Rs.560.61 has been debited from the saving account vide no.023-441173-006 and total amount of Rs.1681.83 has been reflected as withdrawn from the said account. The complainant immediately intimated that to the o.p. bank through letters dt.18.11.05 and also dt.27.2.06 and requested to take up the matter seriously so that the complainant will get proper relief by way of refund of the aforesaid amount to the complainant but all in vain. Hence the instant case has been filed by complainant before this Forum for redressal of his dispute. The complainant has prayed relief as mentioned in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations and prayed for dismissal of the case.
Decision with reasons: -
After scrutinizing every nook and corner of all the documents brought before the Forum and hearing minutely the case from both the parties, we are of the opinion that the complainant is a ‘consumer’ and the o.ps. bank the service provider under the provisions of the definition in the C.P. Act, 1986 and the instant case is adjudicable in this Forum. Moreover, it is our observation that the complainant could not withdraw the money from the ATM machine of the o.ps. bank due to technical fault and o.ps. are liable for deficiency in service within the ambit and scope of C.P. Act as they debited that amount from the saving account of the complainant and did not redress the grievances of the complainant in this regard. It is also candid that for this deficiency in service of the o.ps., complainant has to suffer harassment. If it is accepted for argument sake that the complainant withdrew Rs.1500/- in 3 instalments of Rs. 500/- each instead of withdrawal Rs.1500/- at a time of o.ps. is not sustainable.
Hence, ordered,
The case of the complainant is allowed in part, with cost, on contest. The o.ps. are directed to reverse the amount of Rs.1681.33 (Rupees one thousand six hundred eighty one and thirty three paise) only at the S.B. A/C of the complainant vide no.023-441173-006 lying with o.ps. bank. The o.ps. are also directed to pay Rs.3000/- (Rupees three thousand) only to the complainant as compensation for harassment of the complainant due to the negligence of the o.ps. The o.ps. are also directed to pay Rs.1000/- (Rupees one thousand) only as litigation cost to the complainant. O.ps. are directed to comply with the aforesaid order within 45 days from the date of communication, 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.
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MEMBER MEMBER PRESIDENT
