Haryana

Karnal

CC/40/2021

Jasmer - Complainant(s)

Versus

Union Bank Of India - Opp.Party(s)

Nidhi Rani

07 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                       Complaint No. 40 of 2021

                                                        Date of instt.21.01.2021

                                                        Date of Decision:07.07.2023

 

Jasmer son of Shri Amar Singh age 48 years, resident of village Kaimla, Tehsil Gharaunda, District Karnal. Aadhar no.450925198923. Mobile no.9355557582.

                                               …….Complainant.

                                              Versus

 

1.     Union Bank of India, ward no.6, Bali Nagar, G.T. Road, Gharaunda, Karnal (through the Manager).

 

2.     Union Bank of India, First Floor, Ashram Market, Model Town, Karnal District Karnal (through the Regional Officer/Manager).

 

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Smt. Nidhi Rani, counsel for the complainant.

                    Shri Vijender Malik, counsel for the OPs.

       

                    (Vineet Kaushik, member)

ORDER:   

                

                 The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is running a bank account no.083100101005987 opened on dated 30.10.2010 with Corporation Bank, Gharaunda, Karnal. But lateron, Corporation Bank, Gharaunda has merged in Union Bank of India i.e. OPs. OP no.1 has provided the complainant with the new bank pass, new cheque Book and ATM card etc. A Corp Instant Card (Rupay) no.5089-4400-2107-2468 was also issued by OP no.1 in order to facilitate the complainant to operate his account. And thus the OPs are the custodian of the amount of the complainant’s account. In the meantime of the amalgamation of Corporation Bank into Union Bank of India the OP no.1 has deprived the complainant from the SMS intimation services on the complainant mobile number. After issuance of new passbook, new ATM card etc. the complainant reached at Union Bank of India, Gharaunda on 26.11.2020 for withdrawal of amount but complainant was shocked to knew that there is no balance amount in his account and reflecting only Rs.20/-. Then the complainant has got printed his account statement entries and found that from dated 01.11.2020 to 16.11.2020 continuously sixteen days by using ATM card at different places in Haryana, various transactions were withdrawing an amount of Rs.1,96,000/- by some unknown person from the complainant account, while crop instant card (Rupay) was in the possession of the complainant in Gharaunda, Karnal. The complainant has not given his ATM card to another person and he never shared his ATM card Pin with a third party. In this regard complainant informed the OP no.1 and on 26.11.2020, complainant has made a complaint to Police Station Gharaunda, Karnal upon which a complaint/DDR no.13231031072003810 was registered. Maximum time has passed in this process but no action has been taken against the culprit by the Police Department and by the OPs. The complainant has made several visits to the OPs and requested to refund the abovesaid amount but OPs did not pay any heed to the request of complainant and lingered the matter on one pretext or the other. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its written version, raising preliminary objections with regard to maintainability; locus standi; cause of action and mis-joinder and non-joinder of necessary parties. On merits, it is pleaded that complainant himself is negligent to handle his ATM/Rupay Card and the complainant acted against the guidelines of RBI not to disclose his personal information to anyone. It is matter of record that the complainant himself at Police Station has stated that some unknown person had done fraud with him and it is clearly understandable the complainant might have disclosed his personal information regarding the bank to some unknown person and so that culprit had used different locations to withdraw the money from ATM of the complainant and now it is matter of investigation by the police. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of legal notice Ex.C1, postal receipt Ex.C2,  copy of application by complainant to SHO, Gharaunda Mark-A, copy of complaint Mark-B, statement of account Ex.C3 and closed the evidence on 30.11.2021 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Nishant, Manager Ex.OP1/A and closed the evidence on 11.04.2023 by suffering separate statement.

6.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant is having a bank account with Corporation Bank, Gharaunda, Karnal and the said corporation merged in Union Bank of India i.e. OPs. After amalgamation, OP no.1 has provided the complainant new bank pass, new cheque Book and ATM card etc. A Corp Instant Card (Rupay) was also issued by OP no.1. In the meantime of the amalgamation of Corporation Bank into Union Bank of India, the OP no.1 has deprived the complainant from the SMS intimation services on the complainant mobile number. After issuance of new passbook, new ATM card etc., complainant reached at Union Bank of India, Gharaunda on 26.11.2020 for withdrawal of amount but he was shocked to know that there is no balance amount in his account. After enquiry, complainant found that from 01.11.2020 to 16.11.2020 by using ATM card at different places in Haryana, various transactions were withdrawing an amount of Rs.1,96,000/- by some unknown person from the complainant account, while crop instant card (Rupay) was in the possession of the complainant. The complainant has not given his ATM card to another person and he never shared his ATM card Pin with a third party. In this regard complainant informed the OP no.1 and on 26.11.2020, complainant has made a complaint to Police Station Gharaunda, Karnal upon which a complaint/DDR was registered. The complainant has made several visits to the OPs and requested to refund the abovesaid amount but OPs did not do so and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that complainant himself is negligent to handle his ATM/Rupay Card and the complainant acted against the guidelines of RBI not to disclose his personal information to anyone. Some unknown person had done fraud with complainant and it is clearly understandable the complainant might have disclosed his personal information regarding the bank to some unknown person and so that culprit had used different locations to withdraw the money from ATM of the complainant and now it is matter of investigation by the police and prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, complainant is having saving account no.083100101005987 with the OPs. It is also admitted that OP. It is also admitted that OPs have issued a bank pass, cheque Book and ATM card etc. to the complainant.

11.           As per the complainant, during the period of amalgamation of Corporation Bank into Union Bank of India, the OP no.1 has deprived the complainant from the SMS intimation services on his mobile phone. During this period i.e. from 01.11.2020 to 16.11.2020 some unknown person by using ATM card at different places were withdrawing an amount of Rs.1,96,000/-  through various transactions by some unknown person from the complainant account.

12.           As per the OPs, complainant himself is negligent to handle his ATM/Rupay card and complainant acted against the guidelines of RBI not to disclose his personal information to anyone. 13.          The onus to prove his version was relied upon the complainant but complainant has miserably failed to prove the same by leading any cogent and convincing evidence. Complainant has failed to prove on file, he did not share his personal information regarding the bank to some unknown. The ATM card was in the possession of the complainant and he has only knowledge about the security PIN number. Without security PIN number, there could be no possibility of using the ATM card of the complainant by any other person. The complainant must have been vigilant and he should not have disclosed his security PIN number to any person. By disclosing the security PIN number to some other person, the complainant himself afforded opportunity to such person to misuse his ATM card.  Therefore, he cannot be allowed to take advantage of his own wrong. The bank cannot be held responsible for withdrawal of any amount from the account of the complainant by using his security card and security PIN number by any other person. Complainnt has lodged a criminal complainant and it is not the case of the complainant that investigation has been completed by the Investigating Agency. Hence the present complaint is also premature at this stage. Thus, the complainant has failed to establish that there was any deficiency in service on the part of the OPs.

14.           Thus, as a sequel to abovesaid discussion, the present complaint is devoid of any merits and deserves to be dismissed and same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced            

Dated:07.07.2023

                                                                President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

       

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

        Member                         Member