Order No. 02, Dated: 30.3.2015

This complaint is filed by the complainant u/S. 12 of the C.P., 1986 Act alleging deficiency in service and unfair trade practice against the Op as the Op had illegally and arbitrarily withdrawn some amount from his account lying with the Op.

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The brief fact of the case of the complainant is that he opened a pension account with the Op and accordingly one debit card has been issued from the end of the Op to the complainant for transaction. On 01.9.2014 the complainant went to the ATM  counter of UCO Bank, City Center branch  in order to make an enquiry about the pension amount for the month of September, 2014 and to know whether the pension amount for the said month has been credited or not. It was found that pension for the month of September, 2014 has not been entered on that date and the balance amount revealed as Rs. 22,670.64 paisa as per mini statement  received from the ATM on the said date at about at 11.08 am. After a few while the complainant received one SMS in his mobile on the said date at about 11.09.53 am and the said SMS showed that the remaining balance was for Rs. 2,607.64 paisa. According to the complainant though he did not make any transaction and withdraw any amount on that date he became perplexed upon getting the said SMS. On receipt of the said message he went to the UCO Bank, City Centre branch where he was advised to lodge an FIR with the Police Station and accordingly the complainant did the same on 06.9.2014. The complainant informed the said grievance to G.M. of UCO Bank, as well as, the Banking Ombudsmen, Reserve Bank of India and copy was given to the Chief Manager, UCO Bank, Durgapur but no action till filing of this complaint has been taken by them in this respect. Thereafter the complainant informed his grievance before the Assistant Director, CA & FBP, Durgapur but to no effect. So without finding any other means for redressal of his grievance he had rushed before this ld. Forum by filing this complaint praying for direction upon the Ops to return the amount of Rs. 20,000=00 to the complainant along with Rs. 5,000=00 towards mental tension, agony and harassment due to deficiency in service as well as unfair trade practice.

            Today is fixed for hearing on the point of admissibility of the complaint. The ld. counsel for the complainant is present who has advanced his argument on the point of admissibility. At the very outset it is seen by us that though the complainant has alleged that after getting a mini statement from the ATM counter of OP bank on 01.2.2014 it was found by him that the balance amount was at Rs. 22,670.64 paisa. The said mini statement was taken by the complainant at 11.08 am. The allegation of the complainant is that on the self-same day at about 11.09.53 am he got one message

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through his mobile whereby he was intimated that the remaining balance in his account was for Rs. 2,607.64 paisa. According to the complainant he did not make any monetary transaction or withdraw any amount from the said account through ATM, hence such deduction has been made arbitrarily and illegally. But prima facie we have noticed that after getting of the said SMS the complainant did not bother to rush to the ATM counter to know the actual fact whether any amount was withdrawn by arbitrary manner by any other person or whatever it may be. Secondly, the complainant did not filed the bank statement for the said date with this complaint. Therefore, it is not clear to us whether the amount was actually debited from his account or not and/or the said amount has been illegally debited by the Ops or by any person or whatever it may be. As the complainant has failed to adduce the said document to satisfy this ld. Forum that actually the service of the Op is suffering from deficiency in service as well as unfair trade practice, hence we are not inclined to admit the complaint at this juncture.

With the above-mentioned observation, hence, it is

O r d e r e d

that the complaint is dismissed without any cost and without being admitted.