Date of Filing:07/07/2015

      Date of Order:11/07/2016

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHANTHINAGAR BANGALORE -  27.

Dated: 11^th DAY OF JULY 2016

PRESENT

SRI.SYED ANSER KHALEEM, B.SC., B.Ed.,LL.B.,PRESIDENT

SRI.H.JANARDHAN,B.A.L, LL.B., MEMBER

SMT.BHARATI.B.VIBHUTE, B.E(I.P.) LL.B., MEMBER

COMPLAINT NO.1273/2015

Mrs. Manjula.N,

No.5/1 (5/3) 1^st Floor, 2^nd C Cross,

5^th Main, Vasanthappa Block,

Ganganagar,

Bangalore-560 032.                         …. Complainant

V/s

    The Manager,

    Union Bank of India,

    RT Nagar Branch,

    # 254/1, 5^th Cross,

    5^th Main, Vasanthappa Block,

    R.T. Nagar,

    Bangalore-560 032, Karnataka.       …. Opposite Party

ORDER

BY SRI.SYED ANSER KHALEEM, PRESIDENT

1.     This is the complaint in person filed U/S 12 of the Consumer Protection Act, 1986 against the opposite party (hereinafter referred in short as O.P) alleging deficiency in service on the part of the O.P and prays for direction to the O.P to pay Rs.48,000/- along with interest.

2.   The brief facts of the complaint is that, the complainant is having Saving Bank account in the O.P. bank bearing account No.546602010005735. On 22.11.2014 the complainant had deposit the cash and one of bank official asked the complainant to go to ATM center attached to the branch and deposit in cash deposit machine only. Further complainant don’t have ATM card then cashier told cardless cash deposit option is available. Further the complainant deposit in BNA machine for a sum of Rs.48,000/- on 22.11.2014  at about 11.19 am and the deposit received confirmation.

3.     The complainant further submitted that, on 8.5.2015 after six months from the date of deposit the complainant went to withdraw the amount for his children education purpose.  The complainant asked to withdraw money and one Mr. Venu Assistant Manager of O.P. bank informed the complainant that there is no balance in his S.B. Account.  Thereafter the complainant verified his pass book on dated 22.11.2014 amount is credited in his account through card less cash deposit i.e. BNA machine for a sum of Rs.48,000/-. Further complainant asked about the transaction and the bank official informed the complainant to lodge complaint letter and on 08.05.2015 the complainant lodged the complainant and received the acknowledgment.  Further the complainant enquired about the status of complainant with the O.P. bank officials and the further they informed that it is under process and they intimated that they are waiting for a switch report.  After a week the complainant went to the bank for obtaining a switch report and the complainant was given the same answer by the O.P. that is was under process. Further the complainant telephoned the regional office the Union Bank of India Bangalore spoken with one Mr. Ramakrishan and he intimated the complainant that he will check and call the complainant back, but he did not respond and again the complainant telephoned and further intimated that this transaction is of RT Nagar Branch so contact RT Nagar branch only.  Further the complainant went to the O.P bank on 6.7.2015, the same day complainant a gave letter to the bank mentioning that the amount of Rs.48,000/- was credited to complainant’s account and same was immediately debited and cash  is shown as returned.  Beside which the O.P bank did not found any excess cash of the transaction. Being aggrieved by the reply given by the O.P. bank complainant left with no other option came before this Forum and filed this complaint.

4.      Upon issuance of notice, O.P appeared through their filed its version, in the version of O.P. it is admitted that the complainant is having S.B. account and had deposited a sum of Rs.48,000/-. Further contended that the deposit amount was reverted back immediately as seen from the statement of account.  It is false and incorrect that they have informed the complainant through their Assistant Manager that there was no balance.  On 15.12.2014 the complainant had deposited a sum of Rs.2,000/- at that time she never whispered anything about the amount deposited by her with the O.P. The complainant never enquired about the status of the complaint and the bank had not intimated her that her compliant is under process.  The O.P. contended that the complainant alleges that incident took place 21.12.2014 and she had complained on 8.5.2015 and there is in delay of six months in making the complaint to the bank which is not properly explained. On 15.12.2015 when the complainant deposited a sum of Rs.2,000/- and obtained the pass book entry also.  Hence there is no deficiency in service on part of the Complainant. On other grounds O.P. prays for dismissal of the complaint.

5.     To substantiate the above case, both the parties have filed the affidavit evidence along with documents.  We have heard the arguments.

6.     On the basis of pleadings of the parties, the following points will arise for our considerations are:-

                                (A)    Whether the complainant has proved

                       deficiency in service on the part of the O.Ps?

(B)    Whether the complainant is entitled to the

         relief prayed for in the complaint?

(C)    What order?

7.     Our answers to the above points are:-

POINT (A) and (B) :  In the Affirmative

POINT (C):  As per the final order

for the following:

REASONS

POINT  No (A) and B:-

8.     At the outset it is not in dispute that the complainant is the customer of the O.P. bank. Further it is not in dispute that on 22.11.2014 the complainant deposited an amount of Rs.48,000/- in the O.P bank. 

9.     The crux of the matter is to consider, the complainant has deposited the amount in question, whether it is withdrawn from the complainant or not.  On perusal of the material evidence placed on record and the statement of BNA machine account extract issued by the O.P. bank in respect of various transaction held on 22.11.2014 on perusal of the same it discloses that Rs.48,000/- in respect of card less deposit 7369 is reflected and also reflected that it is revert back on the same day.  In order to prove the case of the complainant, the complainant filed his affidavit evidence reiterating all the complaint averments.  The contention of the complainant is that he has a proof of cash deposit receipt and not received any amount back. Hence alleged that where was the cash deposit gone.  Further complainant himself contended in his written arguments once he has deposited the cash in the machine whether he should wait before the machine till deposit confirmation.

10.   It is the duty of the complainant, after the deposit of the cash in the machine he should wait till getting the confirmation receipt.  If the complainant has not received confirmation receipt he has to lodge complaint in the particular branch or called to the toll-free number but these facts has not been pleaded in the evidence or in the complaint.  Per-contra, O.P contended that, after gap of six months he has complaint to the bank and even after the said deposit in question on 15.12.2015 the complainant got the pass book entries and not whispered anything.  The statement of extract produced by the O.P it clearly discloses that the complainant deposited a sum of Rs.48,000/-  on 22.11.2014 and  on the same day it was reverted back , but the bank has not produced any document to show that the complainant himself withdrawn the amount.  Whereas on perusing the letter addressed by the bank on 6. 7.2015 it discloses that, and reads as under:-

“We note that even though the amount of Rs.48,000/- was credited to your account and the same immediately debited and the cash is shows as returned. Besides we had also not found any excess cash of the transaction”. 

11.   At this juncture the question arises why the bank is revert back the disputed amount immediately and also  not produce any evidence in order to show that who has withdrawn the amount.  Hence on perusal of a entire evidence on record there is a fishy in the transaction, for which unnecessarily and on merely technical grounds the customer of the bank could be made to suffer.  The bank being the financial institution it is its obligatory duty to safeguard the hard earn amounts of the customers and the bank has not produced any evidence to the satisfaction of the Forum what are all the bona-fide attempts made to trace out the amount in question.  Hence, all these facts clearly pointing out the deficiency in service on the part of the O.P. Hence, for the no fault of the complainant, the O.P. bank shall not exonerate its liability towards the complainant. In the attendance circumstances of the case, it is just and proper to direct the O.P bank to pay a sum of Rs.48,000/- along with 9% per annum interest from the date of deposit 22.11.2014 till realization by the complainant along with the cost of Rs.2,000/- it will meets the ends of justice. Accordingly, we answered these points in the affirmative.

POINT (C):

12.   On the basis of the findings given above on the point No.(A) and (B) and in the result, we proceed to pass the following:-

ORDER

1. The complaint is allowed-in-part with cost.

2. The O.P i.e. Union Bank of India represented by its Manager is hereby directed to pay a sum of Rs.48,000/- to the complainant along with interest at the rate of 9% per annum from the date of deposit i.e. on 22.11.2014 till realization.

3. The O.P shall pay Rs.2,000/- to the cost of the proceedings.
4. The O.P is hereby directed to comply the order of this Forum within 30 days from the date of receipt of this order and submit the compliance report to this Forum within 45 days from the date of receipt of this order.

5. Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 11^th Day of July 2016)

MEMBER                 MEMBER                PRESIDENT

*Rak