BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY

C.C.No.20/2016

Dated this the  16^th day of December 2016.

P. Selvendiran, son of Pazhani              

No.5, Middle Street (East)         

Villianur Commune, Pillaiyarkuppam

Pondicherry – 605 502.

                                                ….     Complainant

Vs.

1. The Manager           

    Indian Bank (Zonal Office)           

    E.C.R. Road, Puducherry.            

2. The Branch Manager           

    Indian Bank            

    Koodapakkam Branch)         

    Koodapakkam, Puducherry – 605 502.    

                                                          ….     Opposite Parties

BEFORE:

          THIRU.A.ASOKAN, B.A., B.L.,

          PRESIDENT 

Thiru V.V. STEEPHEN, B.A., LL.B.,

           MEMBER

FOR THE COMPLAINANT            :  Thiru S. Savariram, Advocate

FOR THE OPPOSITE PARTIES:          :  Exparte

                                                  O R  D  E  R

(By Thiru. A. ASOKAN, President)

This is a complaint filed by the complainant under Section 12 (1) of the Consumer Protection Act, 1986 praying to direct the Opposite Parties to pay a sum of Rs.95,000/- as compensation and cost for the loss and mental agony suffered by him.

2.  The case of the complainant is as follows:

          The complainant is having a Savings Bank Account with the second Opposite Party vide account No. 6082687968 and also he was issued with an ATM Card.  While entering the transactions in the Passbook, a sum of Rs.10,000/- has been  shown as debited in the statement of accounts, which in fact the complainant did not take from his account.  The complainant informed the same to the Manager who took note of it and said that he will inform within two weeks, but the  Manager had not stated anything about such transaction even after getting written complaint dated 26.02.2015 from the complainant and thereby caused mental agony.  The complainant lodged complaint before the Head Office on 10.08.2015, but there was no fruitful result.  Hence, this complaint. 

3.       The opposite parties remained absent and were set exparte.

4.       On the side of the complainant, he has chosen to examine himself as CW.1 and marked Exs.C1 to C5.

5.  Points for determination are:

1. Whether the complainant is the consumer?
2. Whether the opposite parties attributed any deficiency in service and unfair trade practice?
3. To what relief the complainant is entitled for?

6.  Point No.1:

          The complainant is having a Savings Bank Account No. 6082687968 with the second opposite party bank and having transactions with them vide Ex.C1.     Hence, the complainant is the consumer.

7.       Point No.2:

          The complainant was examined as CW1 and marked Exs.C1 to C5.  The Opposite Parties were duly served, but called absent and set ex parte.  The complainant submitted the is having a Saving Bank Account with second opposite party vide Ex.C1 and he had made several transactions.  The complainant also taking cash through ATM.  While so, when he entered the transactions in the Passbook, he found that on 16.08.2014 a sum of Rs.10,000/- had been withdrawn from his account.  Immediately he informed the same to the Manager of second Opposite party orally and also by way of letter dated 26.02.2015 vide Ex.C1.  Since there was no proper reply from the second Opposite party, the complainant gave a complaint before the first opposite party vide letter dated 10.08.2015 Ex.C2.  Even then also, the complainant did not get proper answer from the opposite parties and also the withdrawn amount of Rs.10,000/- was recredited in his account.    Due to the act of the opposite parties the complainant suffered  monetary loss and mental agony and the same should be compensated.

8.       From the above facts and evidence adduced by the complainant, it is clear from Ex.C4 that the complainant is having a Savings Bank Account with the second opposite party.  On perusal of Ex.C5, the complainant was issued with a Debit Card to enable him to take cash from ATM.  The Ex.C3 statement of account shows that on 16.08.2014 a sum of Rs.10,000/- has been debited from his account.  It is the allegation of the complainant that on the above said date, he had not withdrawn any amount from ATM.  Exs.C1 and C2 shows that he had made complaints with the opposite parties,  for which neither reply was given nor the said amount was recredited in his account.  To refute the allegation of the complainant, the Opposite Parties did not appear before this Forum to let in evidence even after received the summons from this Forum.  Since the evidence brought on record by the complainant was not rebutted, inference can be taken that somebody has mishandled the alleged amount from the account of the complainant through ATM. The alleged transaction  was brought to the knowledge of the opposite parties, they had not taken any steps to recredit the amount and not made any reversal entry in the account of the complainant.  The above act of the Opposite Parties clearly establish the complainant's case and hence, this Forum has come to the conclusion that the Complainant has proved the negligent act of the Opposite Parties.  Thus, the complainant is entitled to claim compensation from the opposite parties for loss of money and mental agony and the Opposite Parties are liable for their negligent act and deficiency in service.

10.     Point No.3:

          In view of the decision taken in point No.2, this complaint is hereby allowed and the Opposite Parties are directed   

1. To recredit the amount of Rs.10,000/- and make reversal entry in the account of the complainant.
2. To pay a sum of Rs.10,000/-  as compensation to the complainant for the deficiency in service and for the negligent act.
3. To pay a sum of Rs.5000/- as cost of the proceedings.

Dated this the 16^th day of December 2016.

1. ASOKAN)

PRESIDENT

(V.V. STEEPHEN)

MEMBER

COMPLAINANTS' WITNESS:  

CW1           28.09.2016           Selvendiran

OPPOSITE PARTY'S WITNESS:  Nil

COMPLAINANTS' EXHIBITS:

OPPOSITE PARTY'S EXHIBITS: Nil

LIST OF MATERIAL OBJECTS:  NIL

1. ASOKAN)

PRESIDENT

(V.V. STEEPHEN)

     MEMBER