DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.168/2018

Shri Sanjay Sharma

Lawyer’s Chamber No.116

Patiala House Court

Tilak Marg,

New Delhi-110001

                                                                            ….Complainant

Versus

Manager

UCO Bank

Patiala House Court

Tilak Marg, New Delhi-110001

                                                                       ….Opposite Party

                                                Date of Institution    : 13.06.2018                    Date of Order   : 08.04.2021

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

ORDER

Ms. Kiran Kaushal, Member

1. Briefly put, the complainant, Shri Sanjay Sharma is holding a Saving Bank Account in UCO Bank, Patiala House Court, New Delhi. The complainant on 04.04.2018 at 00:14 AM received a message on his mobile that an amount of Rs.20,000/- has been withdrawn from his Savings Account in UCO Bank from an ATM at Arjun Nagar.
   1. The complainant called the UCO bank Customer Care on receiving the message and informed about the fraudulent withdrawal of the amount. Complainant also visited the manager UCO Bank, Patiala House Court, New Delhi and complained that an amount of Rs.20,000/- has been withdrawn from his savings account from Arjun Nagar Delhi ATM. It is averred that on 04.04.2018 (date of withdrawal) the ATM card issued against the savings bank account was with the complainant, he had never given the ATM Card to anyone or shared the PIN number of his ATM card with anyone.
   2. The complainant also obtained Statement of Account for the period from 01.03.2018 to 04.04.2018 of his savings bank account in which the illegal withdrawal of Rs.20,000/- in two break ups is shown on 04.04.2018. Complainant lodged a written complaint dated 04.04.2018 to Deputy Commissioner of Police Cyber Cell Police headquarters, Indraprasth, New Delhi and copy to SHO police Station Tilak Marg New Delhi was also sent for lodging of FIR regarding illegal withdrawal of amount of Rs.20,000/-.
   3. Alleging fraudulent withdrawal and due to non-redressal of his grievance by OP Bank, complainant filed the present complaint with the prayer to refund Rs.20,000/- to the complainant alongwith interest @ 9% and to award Rs.15,000/- towards compensation for harassment, mental pain and agony. It is also prayed that the penalty @ Rs.100/- per day for delayed refund as per RBI guidelines dated 27.05.2011 be awarded to the complainant. 
2. OP resisted the complaint and filed reply to the complaint  stating inter-alia that OP had received a copy of the complaint made by the complainant to Deputy Commissioner of Police. It is admitted by the complainant that his debit card is not lost. But the complainant has got issued a fresh Debit Card therefore the story projected by the complainant is not trustworthy. It cannot be ruled out that the complainant had himself given his debit card to his near and dear ones who might have used the debit card issued by the OP. Moreover, the matter has already been reported to the police and it is under investigation.
3. Rejoinder and evidence by way of affidavit on behalf of the complainant are filed. Evidence by way of affidavit of Shri Aarti Sabhikhi, Branch head of UCO Bank is filed on behalf of OP.
4. Written arguments are filed on behalf of the parties.
5. We have heard the submissions of the Complainant and the material placed on record is perused carefully. 
6. Complainant in support of his case has filed the messages received from UCO Bank as Annexure-A1, Statement of account as Annexure-A2 and a letter dated 04.04.2018 written to Deputy Commissioner of Police which is received by the Police Station Tilak Marg and UCO Bank Patiala House Courts, New Delhi. A letter dated 27.05.2011 by Reserve Bank of India is also filed as Annexure-A5.
7. On perusal of the documents placed on record it is clear that Rs.20,000/- were withdrawn from complainant’s Savings Account on 03.04.2018 at 00:13:37 and 00:14:38 AM. The withdrawal of the said transaction was also reported by the complainant to his bank i.e. UCO Bank Patiala House Court, New Delhi.
8. OP has failed to establish its case as no documentary evidence has been put forth by OP in support of its case. No CCTV footage or any other documentary evidence has been filed by OP. Mere averments without any substantiating evidence hold no water in the eyes of law. OP has repeated the contents of Para No.5 in Para 6,7,8,9,10,11,12,13,14 and 15 which cannot be of any assistance to this Commission.
9. As regards awarding the penalty @ Rs.100 per day for delayed refund the RBI Guidelines at Annexure-5 is regarding the Reconciliation of failed transactions at ATMs. It is not the case of the complainant that the transaction made by him had failed rather the complaint is about illegal withdrawal of money which is not covered by the said RBI guidelines.
10. In view of the facts and circumstances stated above, this Commission is of the opinion that Rs.20,000/- which has been illegally withdrawn from the Savings Account of the Complainant be refunded to the complainant.
11. Therefore, we allow the complaint and direct OP to refund the amount of Rs.20,000/- with interest @ 8% per annum to the complainant from the date of illegal transaction  till realization within 45 days of receipt of copy of this order. Additionally OP is directed to pay Rs.8,000/- for compensation towards harassment and mental agony.
12. Failing which OP shall become liable to pay interest @ 10% per annum on the amount of Rs.20,000/- from the date of illegal transaction till realization.
13. Let a copy of this order be sent to the parties as per rules. Thereafter file be consigned to record room.

Announced on 08.04.2021.