BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 166 of 2011 | Date of Institution | : | 24.03.2011 | Date of Decision | : | 01.07.2011 |
Mr.Pirthi Singh Benial, House No.810, Phase 7, Mohali. Mobile 9815214809. …..Complainant V E R S U S UCO Bank, SCO 55-57, Bank Square 17-B, Chandigarh 160017. ……Opposite Party CORAM: SH.P.D.GOEL PRESIDENT SH.RAJINDER SINGH GILL MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by: Complainant in person. OP already ex-parte. PER Sh.P.D. GOEL, PRESIDENT It is the case of the complainant that he is a customer of UCO Bank. He used his debit card at Phase 7, Mohali on 24.10.2010 to withdraw Rs.3700/- from an ICICI ATM, but it did not dispense any cash. However, it printed a successful transaction slip. The complainant raised the said issue with OP bank who in turn posted the amount in his account. It is further the allegation of the complainant that on the very next day, the OP reverted back the entry of Rs.3700/- as the transaction was successful. The complainant sent mail to OP Bank to post the balance of Rs.3700/- in his account, but all in vain. Hence this complaint. 2. Notice of the complaint was sent to OP seeking their version of the case but OP refused to accept the service. As none appeared on behalf of OP, so ex parte proceedings were ordered against them. 3. The complainant led evidence in support of his contentions. 4. We have heard the complainant in person and perused the record. 5. The grouse of the complainant is that on 24.10.2010, he swapped for Rs.3700/- from the ICICI ATM, but it did not dispense any cash and printed a successful transaction slip and on protesting the same, the OP Bank posted the amount in his account but later on reverted back the same to ICICI Bank with the plea that the transaction was successful. 6. The complainant has himself placed on record the copy of the ATM machine receipt at Page 6 of the record. The careful scrutiny of the same reveals that an amount of Rs.3700/- was successfully dispensed to the complainant on 24.10.2010 at 12:05 against the card No.XXXXXXXXXx0278. The statement of account is at page 7 qua which the withdrawal of Rs.3700/- has been reflected. The complainant sent e-mail which is placed at page 8 of the OP-Bank with the request that the amount has not been received from ATM machine but got deducted from his account. In reply to the said e-mail, OP-Bank sent e-mail, stating therein,that the complainant should get in touch with the UCO Bank for the redressal of the amount. The complaint with regard to the unsuccessful withdrawal of Rs.3700/- had been forwarded to the Nodal Officer, UCO Bank, Chandigarh. The Banking Ombudsman vide e-mail dated 08.12.2010 sent to the complainant stated therein that his complaint has been registered at Sr. No.04.1530/201011 and the matter has been taken up with the concerned bank. The Banking Ombudsman addressed another correspondence dated 27.01.2011 to the complainant, stated therein, that it is observed from the documentary evidence furnished by the bank that such as J.P. log report, switch report etc., the transaction No.3047 dated 24.10.2010 for Rs.3700/- from ATM Machine of ICICI Bank Mohali (ATM ID S1CN1577) was successful transaction and, therefore, case was closed in terms of Section 13(a) of Banking Ombudsman Service Scheme, 2006 as per the orders of the Banking Ombudsman. The complainant has not placed on record any other cogent and reliable evidence except the e-mails written to the OP-Bank to show that the ATM machine did not dispense the amount of Rs.3700/- on 24.10.2010. The complainant has filed his self-serving affidavit, upon which, no credence can be placed in the absence of any cogent evidence. In our opinion the action of the OP-bank in reverting back the entry of Rs.3700/- to the ICICI Bank on the ground that the transaction was successful is legal and justified. 7. In view of the above findings, we are, therefore, of the opinion that there is no merit in this complaint and the same is accordingly, dismissed. 8. Certified copies of this order be sent to the parties free of charges. The file be consigned. | Sd/- | | Sd/- | Sd/- | 01.07.2011 | [ Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | Cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
