District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No. .086/2019.

 Date of Institution:15.02.2019.

Date of Order: 12.07.2023.

Prahalad Singh son of  Shri  Niranjan Singh R/o Mariya Mohalla, Village Sihi, Sector-8, Faridabad.

                                                          …….Complainant……..

                                                Versus

1.                The Manager, Punjab & Sind Bank, New Market, Main Market, Ballabgarh, Distt. Faridabad.

2.                State Bank of India, Neelam Chowk, Faridabad through its Manager/principal Officer.

                                                                              …Opposite parties

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:                   Sh. Pardeep Shandilya,   counsel for the complainant.

                             Sh.  J.D.Parashar, counsel for opposite party No.1.

                             Sh. O.P.Gaur, counsel for opposite party No.2.

ORDER:

                             The facts in brief of the complaint are that the complainant was

having the saving bank account in opposite party i.e. Punjab & Sind Bank, Branch at Ballabgarh, Distt. Faridabad vide account No.03641000004629 and he had availed the facility of ATM facility situated State Bank of India, Sector-8, Faridabad, Branch code B/043 two times on 29.09.2018 vide transaction No. 571518559 and 571518811 of Rs.10,000/- each through ATM No. 6521851043000291 but the said amount did not come out from the ATM machine and hence the complainant could not avail the facility.  But the message was conveyed over the phone of the complainant that the amount of Rs.20,000/- had been debited to the account of the complainant.  Thereafter the complainant approached opposite party No.1 and narrated the entire happening with regard to using of the ATM for withdrawl of the amount.  However, on 15.10.2018, one transaction amounting to Rs.10,000/- was materialized i.e 10,000/- was credited to the account of the complainant but with regard to other amount of Rs.10,000/- there was no result and t remained debited in the account of the complainant despite making several complaints time to time but all in vain.  Even the complainant had made a complaint at customer care but the complainant was asked to wait for a period of 15 days and then the amount would be credited in the account of complainant.  But the said amount was not credited in the said period.  There after the complainant again made a complaint at customer care but the complainant was given assurance to wait for 10 days, but the said assurance was not matured.  The opposite party had unlawfully debited amount of Rs.10,000/- in the account of complainant whereas complainant had not received the said amount through ATM.  The complainant several times had visited the opposite parties and requested them to credit the amount of Rs.10,000/- in his saving bank account which had been deducted illegally and unlawfully form the account of

complainant, but opposite party No.1 had been avoiding the same on one pretext or the other.The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite party to:

a)                credit the amount of Rs.10,000/- in the account of the complainant having a/c. No. 03641000004629.

 b)                pay Rs. 50,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs. 22,000 /-as litigation expenses.

2.                Opposite party  No.1 put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that  as per the bank record available with the answering opposite party, they received mail from its head office, to the effect that ATM cell the acquiring bank i.e. State Bank of India i.e. opposite party No.2 had represented the charge back with valid proof and as per State Bank of India, “Fund had been dispensed from their ATM and one failed transaction Rs.10,000/- had already been reversed by the H.O.ATM Cell of the answering opposite party on 15.10.2018.  The answering opposite party was having documentary proof to prove the above noted facts. Opposite party No.1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

2.                Opposite party  No.2 put in appearance through counsel and filed written statement wherein Opposite party No.2 refuted claim of the complainant and submitted that   the complainant had suppressed and concealed the true, vital and material facts & information in lodging the present complaint before this Commission.  As admitted in the complaint, the complainant was the account

holder of saving bank A/c. No.xxxxxxxxx4629 with the opposite party No.1 – Punjab & Sind Bank, Branch at Main Market, Ballabgarh, Faridabad.  As the complaint presents, the complainant had availed banking services of the opposite party No.1 qua “ATM services” via ATM card No.xxxxxxxxxx00291.  As per information gathered, the complainant registered the complaint with the Complainants Management System on 06.10.2018 against transaction NO.xxxxxxxxxxx2451 dated 29.09.2018 alleging not dispensing physical cash Rs.10,000/-.  It was submitted that pursuant to the complaint registered with the Complaints Management System, the requisite process was undertaken by the concerned to resolve the grievances of the account holder.  As per verification, cash of Rs.10,000/- was found in excess in ATM, hence the complaint stand resolved by crediting Rs.10,000/- to the concerned.   So far as registering the complaint with the Complaints Management System on 25.10.2018 against transaction No.xxxxxxxxxx5946 dated 29.09.2018 in regards to Rs.10,000/- was concerned, the requisite process was undertaken by the concerned to resolve the grievances of the account holder.  As per verification, the said complaint stand resolved with the observation that “ATM bank has confirmed the transaction as successful” and no excess physical cash found in ATM/  It was likely that there was something – up – in sleeves of the complainant, in order to gain double monetary benefit from the bank or the banks. Opposite party No.2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The parties led evidence in support of their respective versions.

4.                We have heard learned counsel for the parties and have gone through the record on the file.

                    To establish his case the complainant  has led in his evidence,  

Ex.CW2/A – affidavit of Prahalad Singh,  Ex.C-1 – ATM Complaint Form, Ex.C-3 – bank statement of Punjab & Sind Bank

                    On the other hand counsel for the opposite party No.1 strongly agitated and opposed.  As per the evidence of the opposite party No.1. Ex.RW1/A – affidavit of Abhinav Bharti, Manager, Punjab & Sind Bank, Ballabgarh, branch,  Ex.D1 – email dated 15.12.2018, Ex.D2 -  Customer Account Ledger Report from 29.09.2018 to 31.12.2018.

                   As per evidence of opposite party No.2 Ex.RW2/A – affidavit of Shri Rajesh Kumar, Branch Manager, State Bank of India, Branch at Neelam Chowk, Neelam, NIT, Faridabad. Annx. O/1 -  complaint dated 06.10.2018,, Annx.O/2 – complaint dated 25.10.2018, Annx.O/3 – letter  regarding NO Excess Cash Certificate.

5.                In this case, the complaint was filed by the complainant with the prayer to credit the amount of Rs.10,000/- in the account of the complainant having A/c. No. 03641000004629. .The complainant made two complaints with opposite party. As per  RBI guidelines if the person complaints within 72 hours of the occurrence, the bank is liable for that transaction. It is rebutted by opposite party No.2 on the ground that the transaction in question was successful from said ATM. But opposite party No.2 has not placed on record any EJ report to prove their case.  This is important document of the bank.  Hence, the Commission is of the opinion that opposite party No.1 in which the complainant is the account holder of saving bank account.  As such, there was deficiency in service on the part of opposite party No.2. Hence the complaint is allowed against opposite party No.2.

6.                Opposite party No.2 is directed to credit the amount of Rs.10,000/- in the account of the complainant having A/c . No. 03641000004629  alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite party No 2 is also directed to pay Rs.1000/- as compensation for causing mental agony  & harassment alongwith  Rs.1000/- as litigation expenses to the complainant.  Compliance of this order  be made within 30 days from the date of receipt of copy of this order.   Copy of this order be sent to the parties concerned free of costs.  File be consigned to the record room.

Announced on:  12.07.2023                                           (Amit Arora)

                                                                                             President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                             (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                                       Redressal Commission, Faridabad.

                                                         (Indira Bhadana)

                Member

           District Consumer Disputes

                                                                                 Redressal Commission, Faridabad.