Delhi

North East

CC/446/2014

Shobha Verma - Complainant(s)

Versus

United Bank of India - Opp.Party(s)

07 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, NAND NAGRI, DELHI-93

Complaint Case No. 446/14

 

CORAM:        Hon’ble President Sh. N.K. Sharma

                        Hon’ble Member Sh. Nishat Ahmad Alvi

 

In the matter of:

Ms. Shobha Verma

719, 3^rd Floor,

GTB Enclave, Janta Flats,

Nand Nagri,

New Delhi-110093                                                                            Complainant                                       

           

Versus

1. The Manager,

United Bank of India,

Nand Nagri (Leprosy Complex),

F-8, Dilshad Colony,

New Delhi-110095

2. The Managing Director,

Union Bank of India,

11 Hermant Basu Sarai,

Kolkata-700001,

West Bengal

3. The Managing Director,

Axis Bank Limited

Trishul, Third Floor,

Opp. Samartheshwar Temple,

Nr. Law Garden, Ellisbridge,

Ahmedabad-380006

4. The Managing Director,

Axis Bank Limited

Corporate Office,

Bombay Dyeing Mills Compound

Pandurang Budhkar Marg,

Worli, Mumbai-400025                                                Opposite Parties

 

                                                                                      DATE OF INSTITUTION: 11-11-2014

                                                                                      DATE OF DECISION      : 07-01-2016

 

Order

 

N.K. Sharma, President:-

Nishat Ahmad Alvi, Member:-

 

1. As per complaint complainant, an account holder of OP1 vide No.1161010694650 approached ATM of OP2 to withdraw Rs.15,000/- where she found that an amount of Rs.20,000/- has wrongly been deducted out of her account.  On investigation she found that the debit entry was made just before when her son withdrew Rs.200/- on 26.01.2015.  Complainant lodged the complaint to OP1 who forwarded the same to OP2.  Thereafter complainant kept continuously the follow ups through phone calls to the customer care of the OPs but OPs did not respond.  As per complainant according to bank rules amount of Rs.20,000/- cannot be withdrawn in one stroke from ATM of other bank.  In this respect complainant also sent letter dated 02.09.2014 to the OPs putting her grievance but with no response.  Pleading deficiency in service on the part of the OPs, complainant has prayed for refund of Rs.20,000/- alongwith Rs.50,000/- as compensation and Rs.10,000/- as litigation cost.
2. Notices of the complainant were served to OP1 on 11.12.2014 and to OP2 on 15.12.2014 but inspite of service none of the OPs appeared before this forum on the given dates.  Hence vide order dated 03.03.2014 both the OPs were proceeded against ex parte.
3. Complainant has filed her ex parte evidence by way of affidavit alongwith relevant documents.
4. Heard the complainant and perused the record.
5. Complainant has filed copy of her statement of account maintained by OP1, ATM transactions slips issued by OP2 and copy of written complaint lodged to OP1 alongwith complaint dated 29.08.2014 with courier receipts dated 02.09.2014 sent to all the OPs.  Going through the statement of account amount of Rs.20,000/- is shown withdrawn on 27.01.2014. Again debit entry of an amount of Rs.220/- is also shown of withdrawl from the account of the complainant.  Thus, it is clear that an amount of Rs.20,000/- has been withdrawn out of complainant’s account but there is no defence from both the OPs to the objection of the complainant made in the complainant that how Rs.20,000/- can be withdrawn through ATM at one time while ATM belong to other bank.  Hence complainant has successfully established her case while allegations in the complaint are not controverted by the OPs.  Thus the same are deemed to be proved.  Consequently we are of the view that both the OPs are guilty of deficiency in service.  Therefore holding guilty to both the OPs for the said deficiency, we direct them to pay to the complainant jointly and severally an amount of Rs.20,000/- along with Rs.100/- per day penalty from the expiry of one week after wrong deduction as allowed by the guidelines of Reserve Bank of India.  We also grant a compensation of Rs.3,000/- to the complainant for harassment along with Rs.1,000/- as litigation cost.
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.  
7. File be consigned to record room.
8. Announced on    07.01.2016

                                     

             ( N.K. Sharma )                                                                       ( Nishat Ahmad Alvi )        

                 President                                                                                           Member