DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  No. 216/2022

           Date of Filing:                         Date of Admission:                               Date of Disposal:                

          30.06.2022                                   04.07.2022                                        20.01.2023

P R E S E N T                  :-    Smt. Monisha Shaw …………………. Member.

                                       :-        Sri Abhijit Basu……………………….Member

JUDGMENT / FINAL ORDER

The complainant filed this case U/s. 35 of Consumer Protection Act read with Section 39 of the Consumer Protection Act, 2019.

            The facts of the cases is as follows:-

            Complainant is involved with trading business under name M/s. Mitra Traders (Proprietor Biplab Kr. Mitra ) . The complainant has a current Account No.0124050004474 in the name of M/s. Mitra Traders. The Bank authority issued an A.T.M. card being No. 6521930124003190. On 23.01.2021 the complainant went to Punjab National Bank Akshaya Branch A.T.M. Kalyani, Nadia for withdraw Rs. 10,000/- at about 11=05 A.M. After operating the A.T.M.machine the complainant by using his ATM card for withdrawal Rs.10,000/- and after completing all formalities for withdraw Rs. 10,000/-, but the amount was not came out from the machine but the balance amount was deducted, Rs.10,000/- from total amount. After that the complainant further tried to withdraw Rs. 5,000/- from ATM machine again but no cash came out from machine but Rs. 5,000/- deducted from the total amount but after some time the amount of Rs. 5,000/- return to the account but not to return the amount of Rs.10,000/- in the account of the complaint.

            Thereafter complainant lodge complain to PNB customer car being complain No. 18001802222/1800103222 but in vain. Thereafter the complainant went to the Manager of the Bank on several times but in vain. Hence the complainant filed this case.

Issue of the framed for judgment

1. Whether the case is maintainable or not?
2. Whether the complainant is entitled to get relief or reliefs in this case or not?

Reasons of judgments

            Complainant is the consumer and / or customer of the opposite parties. Complainant is one of the account holders of the O.Ps. The complainant had balance of Rs. 20,095/-. Complainant used ATM for withdraw Rs. 10,000/- and after opening ATM for withdraw Rs. 10,000/- and followed all process correctly, the money was not come out from the machine but on the other hand the ATM shown the deduction of Rs. 10,000/- and balance shown Rs. 10,095/- and thereafter the complainant further tried to withdraw Rs. 5,000/- from that ATM and the money was not came out but shown deduction from machine but after sometime the amount of Rs. 5,000/- was returned into the account of the complainant but the amount of Rs. 10,000/- was not return to the account of the complainant. Thereafter the complainant lodged complains to PNB consumer case being No. 18001802222/1800103222 but in vain. Thereafter the complainant personally visited with O.P but they did not guide or help him.

Contd/-2

C.C.No. 216/2022

:: 2 :;

Thereafter complainant through helpline provided complain being No. A151051821 dated 29.01.2021 but in vain. On 23.1.2021 when Rs. 10,000/- was not come out from ATM machine but deducted it from total balance amount but thereafter it was not adjusted.

            Notice was served upon the O.Ps by this commission but the O.Ps did not fill any urge to appear before this commission and O.Ps did not file any written version and O.Ps did not controvert the allegation of the complaint by filing W.V. The complainant filed his complaint by swearing as affidavit which is also not controverted by the opposite parties. Hence, the complainant prove his case and allowed his prayer partly. This case is under pecuniary and territorial jurisdiction of this commission. Therefore, this commission has ample jurisdiction to try the case.

            All the points are taken up.

            Hence for the ends of justice

                        it is ordered

            that the case be and the same is allowed exparte against the O.Ps.

            The opposite parties are directed to refund Rs. 10,000/- in the current account of M/s. Mitra Traders with 6% interest from the date of occurrence till realization alongwith Rs. 1,500/- for litigation cost and mental agony within two months from the date of judgment.

            Failing which the complainant has liberty to file execution case as pr law.

            Let a plain copy of the order be issued to the parties free of cost as per CPR, 2005.

Dictated and corrected by me

Member

            Member                          Member