Advocate Vishal N. Jadhav for the
Complainant
Opponents exparte
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 22nd April 2013
This complaint is filed by account holder against Union Bank of India and Canara Bank u/s 12 of the Consumer Protection Act, 1986 for deficiency in service. Brief facts are as follows-
[1] The complainant is holding saving account in Canara Bank, Bhavani Peth Branch. He had obtained ATM debit card from the said branch on 25/10/2008. He had used the said debit card for withdrawing Rs.2500/- from the ATM centre of Union Bank of India at Rahata, District Ahmednagar. He had received slip for three times but no amount was received by him. Then he made inquiries with the branch of Union Bank of India, Rahata Branch but in vain. When he returned to Pune and visited the Branch at Bhavani Peth and updated the pass-book the amount of Rs.2,500/- was debited from his account. He had informed this fact to the Branch Manager of Canara Bank. As per the advice of the Branch Manager, Canara Bank he applied to the Branch Manager, Union Bank of India and asked payment of Rs.2500/-. He had also issued notice to the Canara Bank. The Branch Manager of Canara Bank informed this fact to the Head Office of Canara Bank as well as to the Union Bank of India, Rahata Branch and informed to remit the amount of Rs.2,500/-. But the said amount is not credited in the account of the complainant. Hence complainant has filed this complaint against [1] Union Bank of India, ATM Sales Department, [2] Senior Manager – Canara Bank, Bangalore and [3] Canara Bank, Bhavani Peth Branch.
[2] The Opponent Nos. 1 to 3 though duly served remained absent. Hence complaint is proceeded exparte against them.
[3] Complainant has filed affidavit as well as voluminous documents in order to support his contentions. He has asked refund of Rs.2,500/- as well as compensation of Rs.29,100/- as per the rules of R.B.I. Complainant has also demanded Rs.10,000/- by way of compensation for mental sufferings and Rs.2,500/- which was wrongly debited from his account and costs of proceeding. The complainant has filed correspondence between himself and the opponent as well as between the opponents inter-se. Complainant has produced Notification of R.B.I. dated 17/7/2009 and as per the said Notification R.B.I. informed to all the Banks to reconcile the transactions at A.T.M. failure within 12 working days and it is further informed that if the transactions are not reconcile within the stipulated period the concerned Bank shall pay compensation of Rs.100/- per day to the aggrieved customer. It is significant to note that none of the Opponent resisted the present claim. But it reveals that all the Banks are nationalize banks. If such huge compensation is awarded to the complainant in the present proceeding that would amount to burden on public exchequer as the capital of the nationalize bank is belonging to the government that is belonging to the general public. In such circumstances I held that inspite of notification of R.B.I. complainant is entitled for compensation that is twice the amount to the tune of Rs.5,000/- He is entitled to get Rs.2,000/- as compensation for mental and physical sufferings and Rs.1,000/- by way of costs of proceeding. Hence I pass the following order-
:- ORDER :-
1. Complaint is partly allowed.
2. The Opponent Nos. 1 to 3 are jointly and severally directed to pay lump-sum compensation of Rs.7,000/- to the complainant within six weeks from the date of receipt of copy of order.
3. The Opponent Nos. 1 to 3 are jointly and severally directed to pay Rs.1000/- towards costs of proceeding to the complainant.
Copy of order be supplied to both the parties free of cost.
Place-Pune
Date- 22/04/2013
