The case of the complainant in brief is that the complainant is having a savings bank account being S.B. A/c No.0011010-280747 at United Bank of India, Dibrugarh Branch. The complainant on 4.7.2011 made a journey from Dibrugarh to New Delhi. On the day of his journey he had bank balance of Rs.33,000/-in the above account. After arriving at Delhi on 8.7.2011 the complainant withdrawn an amount of Rs.15,000/- through his ATM card at Central Bank of India, Janapath, New Delhi. After withdrawal he had balance of Rs.18000/- which is shown in the slip discharged by the ATM. On 10.7.2011 the complainant attempted to withdraw some amount at Punjab National Bank, Birlamandir, New Delhi. He inserted the ATM card but there was no any transaction. As such, the complainant went to another nearby ATM of Bank of India and withdrawn an amount of Rs.3000/- but he was surprised to find that the balance in the account in the slip discharged from the bank was Rs.2,205.37/- only. The complainant tried to obtain a transaction record i.e. mini statement in the said ATM but no print out came out on the machine. The complainant also tried to contact through helpline but failed. The complainant immediately after returning from New Delhi informed the matter to the Branch Manager and also filed a complaint before the Banking Ombudsman but found no positive reply. The also OP did not attend the complainant seriously and neglected and thereby committed deficiency in service. So the complainant has filed this instant case claiming refund of Rs.13,000/- and compensation of Rs.50,000/- and the cost of litigation etc.
After registering the case notice was issued to the OP United Bank of India, Dibrugarh Branch. OP has contested the case by filing written statement stating inter alia that the case is not maintainable in law as well as in fact, case is barred by limitation, there is no cause of action for filing the present complaint and has filed with the ulterior motive for making unlawful gain. The OP submitted that he called for statement of transaction from Punjab National Bank through e-mail of their ATM counter at Birlamandir, wherein the transaction No.20155300 shows withdrawal of Rs.10,000/- only against Card No.4213190011022641, Account No.00110000110102807470 with available balance of Rs.8025.37/- after being transaction as on 10.7.2011 at 5:20AM. The OP further called for transaction statement from Bank of India through e-mail at their ATM counter at Birlamandir, wherein the transaction No.217001 shows withdrawal of Rs.3000/- only against Card No.4213190011022641, Account No.00110000110102807470 on 10.7.2011 at 5:30 AM. The complainant prior to the institution of present case had approached before the Banking Ombudsman at Guwahati to redress his grievances but while appearing the OP and also representative of Punjab National Bank and Bank of India, the Banking Ombudsman rejected the complaint of the complainant under the provision of section 13 (e) of the Banking Ombudsman Scheme 2006. The complainant has deliberately filed this complaint misleading the Forum with the intention to tarnish the image of the OP and to make unlawful gain. There is no deficiency of service or unfair trade practice on the part of the OP. As such, the case is liable to be dismissed.
In this case complainant led his evidence by swearing an affidavit and exhibited as many as 7(seven) documents in support of his case. On the other hand, the OP examined one Sanjay Kr. Biswal, Chief Manager, United Bank of India, Dibrugarh Branch as DW-1 and exhibited as many as 5 (five) documents to rebut the case of the complainant.
Decision and reasons thereof :
Upon going through the evidence of both the parties and after going through the documentary evidence and argument advanced by both the parties it is found that the complainant is having a Bank account bearing Account No.0011010280747 with the United Bank of India, the PW-1 on 4.7.11 made a journey from Dibrugarh to New Delhi and on that day he had a balance of Rs.33000/- in his account. PW-1 after arriving Delhi on 8.7.2011 withdrawn an amount of Rs.15000/- through ATM of Central Bank of India, Janapath, New Delhi. Up to this there is no dispute and the OP has also not denied. However, after withdrawing Rs.15000/- from the account of PW-1 there should have been balance of Rs.18,000/- which was shown in the slip discharged by the ATM. Dispute arose from 10.7.11 when PW-1 tried to withdraw certain amount whereby ATM of Punjab National Bank near Birla Mandir, New Delhi. He inserted the ATM card at the ATM of Punjab National Bank, Birla Mandir, New Delhi but no transaction was occurred. Then he went to another nearby ATM of Bank of India and withdrawn an amount of Rs.3000/- but he was surprised to find the balance in his account was shown as Rs.2005.37/-. He tried to obtain mini statement from the ATM but no print out came out from the machine. He also tried to contact through helpline but could not contact with the bank official. Subsequently, he on 12.7.11 withdrawn an amount of Rs.1000/- through ATM of Karnataka Bank Ltd and the balance was Rs.985.37/-. He immediately after returning to Dibrugarh made complaint before the OP but OP did not attend the complainant seriously and neglected for which the complainant filed a complaint before Banking Ombudsman. Subsequently, Banking Ombudsman hold that the case will require consideration of elaborate oral and documentary evidence and proceeding before Banking Ombudsman will not be appropriate for adjudication of such complaint. As such, the complainant filed this present case. While going through oral and documentary evidence it is found that through Ext.1 PW-1 withdrawn Rs.15000/- from the Central Bank ATM on 8.7.11 and Ext.2 Bank of India ATM dated 10.7.11 by which he withdrawn Rs.3000/-. He also exhibited Rail ticket journey as Ext-3, Ext-4 by which the PW-1 withdrawn Rs.1000/- from Karnataka Bank Ltd.
As stated by PW-1 out of Rs.18,000/- he withdrawn only Rs.3000/- and there should be balance of Rs.15000/- whereas he found that he is having balance of Rs.2005.37/-.
However, though OP submitted some documents in support of his case but still it is found that there lies some discrepancies. PW-1 for the said discrepancies filed a complaint before the Banking Ombudsman. During proceeding of the said complaint the OP through requisition submitted statement of transaction of Punjab National Bank of ATM counter at Birla Mandir, wherein the transaction No.20155300 shown withdrawal of Rs.10,000/- against Card No.4213190011022641 Account No.00110000110102807470 with an available balance of Rs.8025.37/- and the transaction occurred on 10.7.2011 at 5:20 AM. The OP also by requisition submitted statement of transaction of Bank of India through e-mail of their ATM counter at Birla Mandir, wherein the transaction No.217001 shows withdrawal of Rs.3000/- against Card No.4213190011022641, Account No. 00110000110102807470 occurred on 10.7.2011 at 5:30 A.M.
In support of the case DW-1 exhibited Ext-‘A’ copy of e-mail sent by Punjab National Bank, Ext-‘B’ statement sent by Punjab National Bank and Ext-‘C’ the statement sent by Bank of India through e-mail. From perusal of the Ext. A & B a copy of J.P. log print out submitted by Punjab National Bank the switch centre report and machine print out report of the cash replenishment as well as supplementary reconciliation sheet it clearly indicates that ATM Card No.4213190011022641 was used to withdraw an amount of Rs.10,000/- on 10.7.11 at 0520 hrs. There was also no excess cash in the ATM machine on that day. From Ext-‘C’ it also appears that the Bank of India submitted a copy of J.P. log print out, the transaction log, the cash balance sheet report and cash reconciliation report which very clearly indicates that Card No. 4213190011022641 was used to withdraw the amount of Rs.3000/-. Thus, it appears from the above Exhibits that the complainant withdrawn Rs.10,000/- on 10.7.11 at 0520 hrs. from the Punjab National Bank and Rs.3000/- from Bank of India which are admitted and as such PW-1 out of Rs.18,000/- withdrawn Rs.13,000/- and thereafter there remain Rs.5000/-. He withdrawn Rs.1000/- on 12.7.11 from Karnataka Bank Ltd which is also admitted and balance come to Rs.4000/- whereas his balance is Rs.985.77/-. In his account the balance remain Rs.985.77/-. The withdrawal of Rs.3000/- from Bank of India on 10.7.11 has also been admitted by PW-1. From Ext-‘E’ it appears that on 10.7.11 another Rs.3000/- was withdrawn whereas the OP in this regard failed to submit any supporting documents which appears that there is discrepancy of Rs.3000/- which could not be traced in the record. The ATM of Punjab National Bank dispensed Rs.10,000/- and Bank of India dispensed Rs.3000/-. It indicates that from oral evidence as well as documentary evidence PW-1 withdrawn Rs.10,000/- from Punjab National Bank, Rs.3000/- from Bank of India, Rs.1000/- from Karnataka Bank Ltd and balance remain Rs.985.37/- whereas there is no record as to show the withdrawal of Rs.3000/- from account of PW-1 as there lies a discrepancy of Rs.3000/- in our view.
Upon considering the above fact this Forum comes to an unassailable conclusion that evidence disclosed by DW-1 both ocular and documentary it appears that his evidence has failed to rebut and impair the evidence of PW-1 as regards to the amount of Rs.3000/- and as evidence disclosed by PW-1 that OP Bank has not been able to disclose about the withdrawal of Rs.3000/- so there lies deficiency on the part of OP as to the Rs.3000/-. So some order can rightly be passed on the basis of above unimpaired statement of PW-1.
Accordingly to the above unimpaired testimonies of P.W.1, OP has failed to show that Rs.3000/- under his Account No.0011010-280747 which OP has taken the shelter of highly contradictory and inconsistent fact with regard to the withdrawal of Rs.3000/- including taking the shelter of falsehood which compelled PW-1 to run from pillar to post seeking remedies for getting the amount not withdrawn from his account. He also faced neglected by the OP while approached. Besides, he has to suffer a lot for approaching Banking Ombudsman and directing PW-1 to approach before the appropriate forum which appears to be clear proof of deficiency of service and illegal trade practice committed by OP in the matter of withdrawal of Rs.3000/-.
So this Forum is of the opinion that complainant by leading his both oral and documentary evidence has been able to establish prima facie case of deficiency of service and illegal trade practice committed by OP as defined in section 12 of Consumer Protection Act. As such, complainant is entitled to get Rs.3000/- being non – withdrawal money from his Bank account along with interest @ 9% per annum from the date of filing this case till realisation. As OP by not disposing the above amount in the account in question for a considerable period of time taking some highly inconsistent pleas, compelling the complainant to move from pillar to post seeking deposit of the amount, therefore complainant has suffered both physically and mentally for not getting the above amount deposited in his account and as such, he is entitled to get some amount as compensation for getting such mental and physical harassment. Accordingly the Forum direct OP to pay Rs.5000/- as compensation to the complainant for giving such mental and physical harassment. OP is further ordered to pay Rs.2000/- as cost of filing this case and all the amount ordered above shall be paid to the complainant within one month from the date of this judgment through this Forum.
Send copy of this judgment to OP for compliance.
