DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No.380/2019

Date of Institution: 09.12.2019

Judgment Reserved on: 05.11.2024

Judgment Passed on: 18.11.2024

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Judgment By: Shri Ravi Kumar (Member)

JUDGMENT

The Complainant has alleged deficiency in service on the part of OPs in not reimbursing the amount of Rs.9800/- which got debited in his account despite of cash not dispensed by ATM Machine when he used it on 11.10.2019.

1. The Complainant in his complaint case has contended that he is having SBI Savings Account No.20780110017982 with OP1 i.e. UCO Bank and on 11.10.2019 at about 10.30 a.m. he went to ATM of OP2 i.e. Bank of India located in front of Jyoti Nagar Police Station, East of Loni Road, Delhi to withdraw the amount from his account. He tried to withdraw Rs.9800/- by using his ATM Card at around 10.37 a.m, however he did not receive the amount from the ATM Machine after he fed the required details and the ATM showed on its screen “HAME KAID HAI, YE ATM ABHI KAM NAHI KAR RAHA HAI”. However at the same time at 10:37:56 he received SMS on his registered mobile number that an amount of Rs.9800/- has been debited through ATM.
2. The Complainant immediately contacted Customer Care Toll Free number of OP1 i.e. 18002740123 and he registered his complaint which was acknowledged as complaint No. 191005425. He was informed by the representative of OP1 that the deducted amount automatically will be re-credited in his account within two days. He waited for 5-6 days however no amount was credited and he lodged written complaint with the OP1 however he was again told to wait for one week. Again after waiting for more than one week when the amount was not credited in his account he approached OP1 but no satisfactory reply was given and on 23.10.2019 he made another complaint to OP1 who flatly refused to the refund the amount on the ground that the transaction was successful.

The Complainant on 28.10.2019 wrote letter to OP1 for preserving CCTV footage of 11.10.2019 between 10 a.m. to 11 a.m. However there was no response from OP1.

3. Alleging deficiency in service on the part of OPs, the Complainant has sought following reliefs in his complaint:
   • OPs be directed to pay Rs.9800/- along with interest @18% p.m. to the Complainant from the date of filing of the complaint till realization.
   • OPs be directed to pay Rs.1,00,000/- toward mental pain and agony to the Complainant.
   • OPs be directed to pay Rs.25,000/- toward cost of expenses to the Complainant and litigation expenses.

Any other relief which this Forum may deem fit and appropriate be granted to the Complainant and against the OPs.

4. Notice was issued and OP1 filed its Reply stating that the transaction done by the Complainant on 11.10.2019 at about 10.30 a.m. by utilizing ATM of OP2 at Jyoti Nagar, East of Loni Road, Delhi was successful transaction as when they took up the matter with OP2 i.e. Bank of India, then they were informed that the alleged amount had been withdrawn and the same was also informed to the Complainant. As regards preserving the CCTV footage by OP2 on the complaint made by the Complainant with OP1, it is stated by OP1 that ATM belongs to OP2 i.e. Bank of India and OP1 has no right to preserve the CCTV footage of OP2.
5. OP2 has neither appeared nor filed any reply in the case.
6. Complainant has filed Rejoinder to the Reply of OP1 denying the contents of reply of OP1 and he has re-iterated the contents of his complaint.

Complainant has filed his evidence by way of affidavit wherein he has marked the following documents as exhibits:

• Copy of complaint sent to SHO, Police Station, Jyoti Nagar, Delhi and DCP Shahdara District with postal receipts as Exhibit CW-1/A.
• Application dated 23.10.2019 to Branch Manager UCO Bank, Karkardooma Courts as Exhibit CW-1/B.
• Letter dated 28.10.2019 to preserve the CCTV Footage as Exhibit CW-1/C.
• Image screen of ATM of OP2 Bank of India at the time of the incident as Exhibit CW-1/D.
• Call Details of call made to Customer Care of OP1 UCO Bank as Exhibit CW-1/E.
• Screenshot of message received on the registered mobile number of the Complainant as Exhibit CW-1/F.
• Passbook details of Saving Account number 20780110017982 of the Complainant as Exhibit CW-1/G.
• Aadhar Card of the Complainant as Exhibit CW-1/H.

7. Despite of giving opportunity to OP1 to file evidence the same was not filed and OP1 was proceeded ex-parte for the purpose of filing evidence on 03.11.2023.
8. This Commission has heard the arguments and perused the records. The case of the Complainant falls under narrow compass and the issue is pertaining to the ATM transaction done by the Complainant on 11.10.2019 at around 10.30 a.m. by using the ATM of OP2 and despite of filling all the details while doing ATM transaction, no cash was dispensed and the screen of the ATM machine of OP2 displayed the message “HAME KAID HAI, YE ATM ABHI KAM NAHI KAR RAHA HAI” (Exhibit CW-1/D). However simultaneously Complainant received SMS (Exhibit CW-1/F) that amount has been debited in his account.
9. Losing no time, the Complainant lodged complaint with the Customer Care number of OP1 i.e. 18002740123 on 11.10.2019 at 10.43 a.m. and the outgoing call was of 4.15 minutes (Exhibit CW-1/E) and complaint number as 191005425 was generated. The Complainant has enclosed the copy of pass book wherein the debit entry of Rs.9800/- on 11.10.2019 is reflecting (Exhibit CW-1/G).
10. The Complainant had lodged complaint with OP1 immediately by using its Customer Care Toll Free no. 1800274023 when the ATM machine of OP2 did not disburse the cash to him and therefore OP1 was aware that the complaint of this nature has been made by their customer. The Complainant when despite of repeated request did not receive the amount in his account then he wrote letter dated 29.10.2019 to OP1 wherein he specifically requested that CCTV footage of 11.10.2019 between 10 to 11 a.m. of ATM be preserved so that matter can be examined and his money is refunded. No action was initiated by OP1 with regard to the said request on the Complainant.
11. First and foremost action that was required to be done by OP1 was to preserve CCTV footage of the ATM transaction through OP2 however strangely OP1 has taken stand that since CCTV belonged to OP2 it had no right preserve the same and as a result the complaint of the Complainant could not be examined critically and a mechanical reply was given by OP1 to the Complainant that disputed ATM transaction was successful and OP1 closed the complaint.
12. Despite of opportunity given to OP1 no evidence has been filed and it is otherwise settled legal position that pleadings howsoever strong cannot take place of proof.
13. Though OP2 has not appeared before the Commission, however on account of the stand taken by OP1 that it had no right to preserve the CCTV footage of the disputed transaction since the ATM belonged to OP2 and OP1 did not take steps to preserve or demand the CCTV footage therefore no liability is fastened on OP2 in this case.
14. For the reason stated above the Commission holds OP1 liable for deficiency in service and orders as follows:
    • OP1 to refund Rs.9800/- from the date of filing of complaint i.e. 09.12.2019 within 30 days from the date of this order alongwith interest @9% per annum.
    • OP1 to pay Rs.5000/- toward mental agony and pain to the Complainant and Rs.5000/- towards litigation cost of the Complainant.

This order shall be complied by OP1 within 30 days from the date of this judgment and if the same is not complied within 30 days then OP1 shall pay interest @12% per annum from the date of filing of the complaint on all the above amounts till the date of realization.

Copy of the order be supplied/send to parties free of cost as per rules.

File be consigned to Record Room.

Announced on 18.11.2024.