This is a complaint made by Satyajit Kansabanik, son of Late Nagen Kansabanik, residing at 43, Tollygunge Road, P.S.-Tollygunge, Kolkata-700 026 against United Commercial Bank, OP No.1 and Sri Sitangshu Chowdhury, Branch Manager, United Commercial Bank, Kalighat Branch, having its office at 34, Kalighat Temple Road, P.S.-Kalighat, Kolkata-700 026, praying for a direction upon the OPs to satisfy Complainant with lawful explanations and to return the amount of Rs.19,080/- wrongfully withdrawn along with penalty and compensation and also direction upon the OPs to pay Rs.30,000/- for harassment of the Complainant.
Facts in brief are that Complainant is a holder of a savings bank account with the United Commercial Bank, Kalighat branch, vide S.B.Account No.05840100006191 and he maintains that account regularly.
In connection with the said S.B.Account Complainant has also been provided with a Debit Card vide No.42832005841011429 for the deposit and withdraw money through ATM counters.
On 24.12.2015, in course of transaction and up-dating the S.B. Complainant was astonished that total amount of Rs.19,080/- was withdrawn from his account, though Complainant was not aware of that. Immediately Complainant contacted the OP No.2 and brought the matter to its notice OP No.2 advised and directed the Complainant to lodge complaint regarding the fictitious withdrawal money of the petitioner. OP handed over some forms in a printed format to the Complainant for filling up it. Complainant filled up the forms. Complainant was also asked to deposit Rs.572/- in order to settle the grievances of the Complainant and it was deposited to the said Savings Bank account. So, Complainant filed this case.
OP No.2 filed written objection against the complaint of the Complainant, wherein he denied all the allegations and has stated that on enquiry, from Axis Bank it could be learnt that Complainant withdrew the amount and there is no fault of the Bank. Further, this OP has stated that ATM Card was used in Axis Bank ATM and since Axis Bank is not made a party the case be of non-joinder and mis-joinder of parties. So, this OP prayed for dismissal of the complaint.
Decision with reasons:
Complainant file affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition. Against this OP No.2 filed questionnaire to which Complainant replied. Similarly, OP No.2 filed affidavit-in-reply to which Complainant filed questionnaire and OP No.2 replied. OP No.1 did not contest this case.
Main point for determination is whether Complainant is entitled to the reliefs which he has prayed.
In the first prayer Complainant has prayed for a direction upon the OP for refund of Rs.19,080/-.
In this regard, Complainant has filed a Xerox copies of his Debit Card and statements showing the amounts were withdrawn from his account.
On perusal of the copy of the statements, it appears that on 22.12.2015, through five transactions Rs.19,080/- were withdrawn. It is also appearing that the withdrawal was made through the Debit Card which Complainant was given by the Bank.
Replying to this contention Ld. Advocate for OP No.2 furnished document showing that on 21.12.2015 also the transactions were made in the same fashion.
It is the allegation of the Complainant that he did not withdraw the amount and it is the due to the defect or discrepancy of the bank that he suffered loss to the tune of Rs.19,080/-.
In this regard, Ld. Advocate for OP referred a decision reported in 2016 (2) CPR 548 NC where it is clearly laid down that wrongful debit of money from account cannot be presumed that amount was not withdrawn by use of Complainant’s ATM Card. Since, there is no other evidence to establish that the withdrawal was not made by using the Complainant’s ATM Card, it cannot be said that Bank was at fault.
As such, we are of the view that Complainant failed to establish the allegation which he brought in the complaint petition.
Hence,
ordered
CC/246/2016 and the same is considered and dismissed on contest.
