ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/S Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in debiting a sum of Rs.30,000/- wrongly from his bank account, for damages of Rs.1,00,000/- for causing mental agony and harassment thereby and Rs.50,000/- for wasting his time, energy and Rs.20,000/- towards litigation expenses and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

The complainant is a savings Bank account holder bearing NO.520101007393055 with OP bank, at Doddaballapur Branch.  OP bank i.e., Erstwhile Corporation Bank is merged with Union Bank of India.  

3.      It is contended that after verifying the monthly statement of September 2018, he found that on 23.09.2018 a sum of Rs.30,000/- has been debited from his account.  He issued a letter to OP requesting them to rectify the wrong debit and to credit the same to his account, for which, OP replied that complainant has withdrawn Rs.30,000/- from the ATM and hence there is a debit entry.  He has not made any transactions over ATM on that day(24.07.2017) at 15.21 hours.  By inadvertence or error of OP the said amount has been debited to his account for which he has suffered heavy loss and also visited the bank to get it rectified several times. Inspite of it, the bank has not rectified the same and has cheated him by debiting Rs.30,000/- from his account.  Inspite of issuing the notice, OP has not bother to take proper steps to rectify the wrong debits. Hence there is deficiency in service on the part of   OP and prayed the forum to allow the complaint.

4.      Upon the service of notice, OP appeared before the Commission and filed its version contending that the complaint is not maintainable in law or on facts. Complainant has not approached the forum with clean hands and has suppressed material and withheld facts and he is not entitled for any of the reliefs claimed.  It has admitted that the complainant is its customer having a savings bank account and the ATM card.  He purposefully and deliberately failed to state the facts. Complainant strictly to prove that he came to know the fact of debiting of Rs.30,000/- on 23.09.2018 and though he requested to reverse the entry that they have not done it and it is a wrong debit from his account.  

5.      It is stated in the version that an ATM card was given to the complainant, and at 15.21 hours on 24.07.2017, complainant withdrew Rs.30,000/- through ATM card at an ATM, situated at Subedhar Chatram Road, Bangalore. Due some technical problem i.e., due to migration of financial software, the withdrawal of the amount was not debited immediately.  On reconciliation of the account, they found that the complainant has transacted and an amount of Rs.30,000/- was debited to his account on 23.10.2018.  There is no deficiency or harassment on its part to the complainant. Taking undue advantage of the late debit in his account, the complainant has filed this complaint.  Legal notice was received and duly replied. The complainant is not entitled for any of the relief claimed and hence there is no deficiency in service as the complainant has withdrawn Rs.30,000/- from ATM and hence prayed to dismiss the complaint. 

6.      After filing the above version OP filed an application u/o 6 rule 17 CPC which was allowed seeking an amendment to add further contention at para 6 and adding para 13 after para 12 of the version, further contending that the complainant has not withdrawn the amount of Rs.30,000/- from ATM card, whereas, he made use of the said ATM card for purchasing of jewels from Gyan Jewellars, Doddaballapur at 3:21:17 pm., at the point of sale of transaction.  In all the original version filed, he prayed the forum to delete the ATM transactions made therein and substitute the point of sale of transaction.

7.      It is further contended that after recording the evidence in this case that, they further investigated the claim and found that it was not an ATM transaction done by the complainant whereas, it is a transaction for purchase of jewels from Gyan Jewellers, Doddaballapur, by using the ATM card at the point of sale. Earlier they were under the impression that the ATM card was used to withdraw the money whereas, after thorough investigation the complainant on 24.07.2017 purchased gold jewels weighing 16.181 grams of jewellary and the said jewelers raised the bill No.042 for Rs.50,000/- for which the complainant used the ATM card for paying Rs.30,000/- and paid another Rs.20,000/- by using the card of the other bank.  They collected the copies of the bill and card transaction of the Gyan jewelers Doddaballapur. Hence from the same, it is very evident that the complainant though used the card for purchase of the gold jeweleries had filed a case taking advantage of the delayed debit in his account only to have illegal gains.  Hence prayed the forum to dismiss the complaint.

8.      In order to prove the case, both the parties filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

9.     Our answers to the above points are:-

POINT NO.1 & 2:             In the Negative

                                                For the following.

REASONS

10.   POINT No.1:-

   Perused the complaint, version, affidavit evidence and the documents produced by respective parties.  It is admitted fact that the complainant is a customer of OP and OP issued an ATM/RUPAY card bearing No. 5089 4400 2077 9956 for his convenience. It is also not in dispute that the OP debited Rs.30,000/- in his account dtd.23.10.2018 though the transaction had taken place on 24.07.2017.  The reason for delay entry in the account statement has been properly explained by the OP that they were changing the software and hence there was a problem to update the accounts.  OP has accepted the legal notice and also contended that it has been replied properly.

11.   As per the evidence of OP and also its amended version filed after obtaining the permission of the forum, it has taken up the contention that complainant himself has used the said ATM card at the point of sale and purchased gold jewelries from Gyan Jewelers and paid Rs.30,000/- out of Rs.50,000/-. Ex.R7 is the receipt issued by Gyan Jewels on 24.07.2017 wherein the name of the complainant appears.  This is a cash sale voucher.  Ex.R8 is the charge slip in respect of the card No.5089 4400 2077 9956, wherein a sum of Rs.30,000/- has been paid to Gyan Jewellers by swiping the card.  The transaction has taken place on 24.072017 at 15:21:17 hours.  This is paid through RUPAY credit card. In the normal parlance called as ATM card. A detailed report of sale by Gyan Jewelers is also produced wherein, the card No.9956 was utilized to pay Rs.30,000/- and card No.9535 a visa card used to pay Rs.20,000/- to Gyan Jewelers. The statement Ex.R.9 for date 24.07.2017 shows that the complainant has withdrawn Rs.10,000/- twice.  Whereas, no transaction of Rs.30,000/- has been mentioned therein.  Ex.R7 as stated above is clear wherein, the complainant purchased gold jewelleries worth Rs.50,000/- including the SGST and CGST and paid the amount by using his RUPY card.

12.   When this is taken into consideration, the claim of the complainant is unrighteous and only to have unlawful gain by taking advantage of the problem in the software(transition) has filed this complaint, which deserves to be dismissed as no deficiency in service is made out except not entering the debit entries on the dates of the transaction for which proper explanation has been given by the OP.  After amending the version by taking up the contention that the complainant has transacted with the said RUPAY card issued by OP through Gyan Jewelers by using the point of sale machine, complainant has not at all filed any rejoinder to the said contention and even has not denied the same.  Even the advocate appearing for the complainant did not address any argument when the case was posted for arguments which pre supposes that the complainant has transacted by using the RUPAY card to pay Rs.30,000/- to the Gyan Jewelers on 24.07.2017 at 15.21 hours.  In view of this there is no evidence to prove the deficiency in service or unfair trade practice by OP.  Hence we answer point NO.1 and 2 in the negative and pass the following;

ORDER

1. Complaint is Dismissed with cost.
2. Complainant is directed to pay Rs.10,000/- towards litigation expenses to OP.
3. The Complainant is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
4. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 20^TH  DAY OF MARCH 2021)

MEMBER                                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Representation to OP dated 29.09.2018

Ex P2: Reply from OP

Ex. P3: Bank Statement

Ex P4: Copy of the Legal notice

Ex P5: Postal track record

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Sri.Rajesh M

Copies of Documents produced on behalf of Opposite Party/s

Ex R1: Copy of the reply to the notice issued by the complainant

Ex R2: Postal receipt for having sent the same

Ex R3: Copy of the letter written to the complainant

Ex R4: Copy of the accounts extract.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-2: Sri.Aravind Velu

Copies of Documents produced on behalf of Opposite Party/s

Ex R1: The transaction details made by the complainant on 24.07.2017

Ex R2: Statement in that respect

Ex R3: Receipt collected by us from Gyan Jewelers,

Ex R4: Transaction slip(3 in Nos.)

Ex R5: Bank Statement

MEMBER                                        PRESIDENT