Tamil Nadu

South Chennai

CC/369/2016

Dr.M.Lavanya - Complainant(s)

Versus

The Regional Manager, Bank of Baroda - Opp.Party(s)

S.S.Mathivanan

01 Nov 2018

ORDER

                                                                        Date of Filing :  08.10.2016 

                                                                        Date of Order : 01.11.2018

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

  @   2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3.

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

C.C. NO.369/2016

DATED THIS THURSDAY THIS 01^ST DAY OF NOVEMBER 2018

 

Dr. M. Lavanya,

D/o. Mr. M. Masilamani,

Plot No.50, Door No.7,

Chellammal Street,

Meenakshi Nagar,

Pammal,

Chennai – 600 075.                                                        .. Complainant.

                                                       ..Versus..

 

1. The Regional Manager,

Bank of Baroda,

No.90, I Floor, C.P. Ramasamy Road,

Opp. Apollo Pharmacy,

Alwarpet,

Chennai – 600 018.

 

2. The Manager,

Bank of Baroda,

Tambaram Branch,

No.3, Bakthavachalam Street,

West Tambaram,

Chennai – 600 045.                                            .. Opposite parties.

 

Counsel for the Complainant         :   M/s. S.S. Mathivanan & others Counsel for the Opposite parties   :   Exparte.

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.45,000/- along with interest at the rate of 12% p.a. and also to pay a sum of Rs.5,00,000/- towards damages and cost to the complainant.

1. The averment of the complaint in brief are as follows:

The complainant submits that she is having a Savings Bank viz. No.26320100020527 with the 2^nd opposite party bank.  On 20.02.2016, the complainant received a SMS in her mobile stating that she had withdrawn a sum of Rs.10,000/- at 11.56 p.m.  On the same day at 11.58 p.m., she received a message that she had withdrawn another sum of Rs.10,000/-.  The complainant given a complaint on 22.02.2016 about the illegal withdrawal to the opposite party bank to block the debit card.  The complainant also lodged a complaint on 23.02.2016 before the Commissioner of Police, Chennai City Police and another complaint before the banking Ombudsman on 02.03.2016.   Further the complainant submits that on 21.04.2016, again the complainant received a SMS of withdrawal of Rs.10,000/- at 7.16 p.m. and another sum of Rs.5,000/- at 7.22 p.m.  When the complainant contacted the opposite party bank, she was informed that the credit card was not blocked on 22.02.2016 but it was not really blocked.  Further the complainant submits that on 22.02.2016, another sum of Rs.10,000/- was illegally withdrawn from the account of the complainant for which, no SMS was received.  The complainant once again lodged the complaint before the Commissioner of Police, Chennai City Police on 26.04.2016.   The complainant further submits that inspite of the complaint given by the complainant, the illegal withdrawal amount of Rs.45,000/- is not recovered. Hence, the complainant issued a legal notice dated:12.09.2016 to the opposite parties claiming the said amount.  Though the notice was received by the opposite parties on 14.09.2016, the amount is not settled by them.   The act of the opposite parties caused great mental agony.  Hence, the complaint is filed.

2.     Inspite of receipt of notice, the opposite parties 1 & 2 has not chosen to appear before this Forum and therefore the opposite parties 1 & 2 were set Exparte.  

3.     Though the opposite parties remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as her evidence, and also Ex.A1 to  Ex.A9  are marked. 

5.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.45,000/- with interest at the rate of 12% p.a. as prayed for?

 

2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony with cost as prayed for?

6.      On point:-

The opposite parties 1 & 2 remained Exparte.  The complainant filed her written arguments.  Heard the complainant also.  Perused the records namely the complaint, proof affidavit of complainant, documents etc.  The complainant pleaded and contended that she is having Savings Bank viz. No.26320100020527 with the 2^nd opposite party bank.  On 20.02.2016, the complainant received a SMS in her mobile stating that she had withdrawn a sum of Rs.10,000/- at 11.56 p.m.  On the same day at 11.58 p.m., she received a message that she had withdrawn another sum of Rs.10,000/-.  The complainant informed about the illegal withdrawal to the opposite parties bank to block the debit card as per Ex.A1.  The complainant also lodged a complaint  before the Commissioner of Police, Chennai City Police on 23.02.2016 as per Ex.A2 and another complaint before the banking Ombudsman on 02.03.2016.  Further the contention of the complainant is that on 21.04.2016, again the complainant received a SMS of withdrawal of Rs.10,000/- at 7.16 p.m. and another sum of Rs.5,000/- at 7.22 p.m.  When the complainant contacted the opposite parties bank, she was informed that the credit card was not blocked on 22.02.2016 which amounts to deficiency in service. 

7.     Further the complainant submits that on 22.02.2016, another sum of Rs.10,000/- was illegally withdrawn from the account of the complainant for which, no SMS was received.   Ex.A6 is the letter to the Office of the Ombudsman stating that totally a sum of Rs.45,000/- was withdrawn from the account of the complainant.  The complainant once again lodged the complaint before the Commissioner of Police, Chennai City Police on 26.04.2016.  All the transactions are very clearly shown in the statement of accounts of the bank and photo copy of the SMS.  The Ombudsman also has not taken any suitable action.  Hence, the complainant issued a legal notice dated:12.09.2016 for which, there is no response.   Hence, the complainant was constrained to file this complaint claiming a sum of Rs.45,000/- illegally withdrawn with interest and a compensation of Rs.5,00,000/-.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties 1 & 2 shall jointly and severally pay a sum of Rs.45,000/- along with 9 % interest from the date of complaint and a compensation of Rs.20,000/- with cost of Rs.5,000/-.

  In the result, this complaint is allowed in part.  The  opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.45,000/- (Rupees Forty five thousand only) being the amount illegally withdrawn along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 08.10.2016 to till the date of this order and to pay a sum of Rs.20,000/- (Rupees Twenty thousand only) towards compensation for mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.

The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 01^st day of November 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	22.02.2016	Copy of complaint given to the Manager, Bank of Baroda and received copy
Ex.A2	23.02.2016	Copy of acknowledgment given by the Police Department
Ex.A3	24.02.2016	Copy of complaint given by the Police Department
Ex.A4	02.03.2016	Copy of reply notice of the Banking Ombudsman to the complainant
Ex.A5	26.04.2016	Copy of complaint given to the Commissioner, Chennai City Police
Ex.A6	26.04.2016	Copy of complaint given to office of the Banking Ombudsman
Ex.A7	12.09.2016	Copy of legal notice issued by the complainant to the opposite parties
Ex.A8	14.09.2016	Copy of track order status for the 1st opposite party
Ex.A9	14.09.2016	Copy of track order status for the 2nd opposite party

 

 

MEMBER –I                                                                      PRESIDENT