: J U D G M E N T :
This is a case under Section 12 of the Consumer Protection Act filed on 11th December, 2014 by Krishna Prasad Pramanik against UBI, Santipur Branch, Dist. Nadia. The facts of the case to put in a nutshell, are as below:-
In the description of the complaint the complainant has stated that he used his ATM Card on Allahabad Bank twice of the ATM outlet of UBI, Santipur Branch. At 10.35am and 10.41am he transacted with the ATM. The date of operation of ATM was on 15.12.12. The ATM card No. is 4213371715502563 and A/C No. 20813798472.
He used the ATM twice for an amount of Rs. 10,000/- each but received only once. Hence, the case for recovery of money along with the compensation of Rs. 1,17,000/-.
The OP UBI filed written version challenging the contentions of the complainant and stating that in both the cases ATM was successful and the complainant received Rs. 10,000/- plus Rs. 10,000/- from the ATM.
POINTS FOR DECISION
- Point No. 1: Has the complainant any merit in this case?
- Point No. 2: Is the complainant entitled to get any relief?
REASOND DECISIONS
For the purpose of brevity and convenience both the points are taken up together for discussion.
The ‘Electronic Journal’ clearly shows response in both the operations as ‘Zero’ that means successfully operated transaction. Cash balancing report issued by the UBI, Shantipur Branch also goes to show that ATM was operated twice. The certificate of UBI shows that no excess cash was found on 15.12.12 in the ATM.
We have meticulously gone through the affidavit, interrogatories and replies and we have come to the conclusion that the complainant has no merit in the case and he has filed this false claim for harassing the bank officials. The documents filed by the bank go to show that the case is false and frivolous and the complainant failed to establish his case. Hence, both the points are disposed of with the observation that the complainant is not entitled to get any relief.
For filing false case the complainant should be punished under Section 26 of the Consumer Protection Act, 1986. Hence, both the points are goes against the complainant.
Hence,
Ordered,
That, the case CC/2014/119 be and the same dismissed being meritless and the complainant is directed to pay to the opposite party Bank Rs. 2,000/- for filing frivolous and vexatious case by 10.04.2015.
Let a copy of this judgment be delivered to the parties free of cost.
