Haryana

StateCommission

A/326/2017

PUNJAB NATIONAL BANK - Complainant(s)

Versus

VINOD KUMAR - Opp.Party(s)

D.K.SINGAL

04 May 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeals No: 326 & 564 of 2017

Date of Institution: 20.03.2017 & 11.05.2017

Date of Decision: 04.05.2018

 

Appeal No.326 of 2017

 

Punjab National Bank, near S.D. Girls College, Hansi through its Branch Manager.

                                      Appellant-Opposite Party No.2

Versus

 

1.      Vinod Kumar s/o Sh. Ganga Ram, Resident of Char Qutab near Ravi Dass Mandir, Hansi District Hisar.

Respondent-Complainant

2.      Oriental Bank of Commerce, near Old Bus Stand, Hansi District Hisar through its Branch Manager.

                                      Respondent-Opposite Party No.1

 

Appeal No.564 of 2017

 

Oriental Bank of Commerce, near Old Bus Stand, Hansi District Hisar through its Branch Manager.

                                      Appellant-Opposite Party No.1

Versus

 

1.      Vinod Kumar s/o Sh. Ganga Ram, Resident of Char Qutab near Ravi Dass Mandir, Hansi District Hisar.

Respondent-Complainant

2.      Punjab National Bank, near S.D. Girls College, Hansi through its Branch Manager.

                                      Respondent-Opposite Party No.2

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. Balbir Singh, Judicial Member.

                                                                                                         

Argued by:          Shri D.K. Singal, Advocate for Punjab National Bank.

                             Shri Vinod Kumar-complainant in person.

                             Shri D.K. Sood, Advocate for Oriental Bank of Commerce.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          This order disposes of afore-mentioned two appeals bearing No.326 and 564 of 2017 filed by Punjab National Bank- Opposite Party No.2 and Oriental Bank of Commerce-Opposite Party No.1 respectively, because they have arisen out of common order dated January 23^rd, 2017 passed by District Consumer Disputes Redressal Forum, Hisar (for short ‘the District Forum’) in Consumer Complaint No.30 of 2014.

2.                Appeal No.564 of 2017 has been filed by Oriental Bank of Commerce-Opposite Party No.1 and appeal No.326 of 2017 has been filed by Punjab National Bank-Opposite Party No.2 (for short, ‘PNB’) for setting aside the impugned order.

3.                Vinod Kumar-complainant maintained account No.00792151009611 with Oriental Bank of Commerce - Opposite Party No.1. He also availed the facility of Debit Card.

4.                The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 averring that on 02^nd November, 2013 at about 01:46 P.M. he tried to withdraw Rs.10,000/- from Automated Teller Machine (for short ‘ATM’) installed by the opposite party No.2 but the transaction failed. On the same date, that is, 02^nd November, 2013 at about 5:00 P.M. he again tried to withdraw Rs.10,000/- from the ATM of the opposite party No. 2 and the transaction was successful. The grievance of the complainant was that the opposite parties debited an amount of Rs.20,000/- from his account whereas he received only Rs.10,000/-.

5.                The opposite parties in their written version denied the version of complainant and pleaded that both the transactions of the complainant were successful and he withdrew Rs.20,000/-.

6.                Vide impugned order, the District Forum accepted the complaint and directed the opposite parties to pay Rs.10,000/- to the complainant along with interest at the rate of 9% per annum from the date of filing of the complaint, that is, 20^th January, 2014; Rs.3,000/- on account of harassment, mental agony and Rs.1,000/- as costs of litigation.

7.                The ATMs are installed by various banks throughout the country. These ATMs are supported by the highest technology and excellent surveillance.  The transactions of ATMs meet all the stringent safety and security criteria.  There is Journal Printer in the machine, which records each and every transaction done through the ATM.  Exhibit R-1 is the certificate issued from Punjab National Bank-Opposite Party No.2 wherein it has been clearly mentioned that as per JP log the transaction No.5425 dated 02^nd November, 2013 was a successful transaction and no excess cash was found at ATM ID: H2019700. According to the complainant, the ATM transaction at 01:41 P.M. was unsuccessful. The JP Log (Exhibit R-3) clearly shows that an amount of Rs.10,000/- was withdrawn from the account of the complainant by using debit card on November 02^nd, 2013 at 01:46 P.M.  So, it cannot be said by any stretch of imagination that the amount of Rs.10,000/- was not withdrawn by the complainant. In view of this, District Forum fell in error in allowing the complaint without appreciating the aforesaid evidence. Thus, this Commission does not find it a fit case to attribute any deficiency on the part of the opposite parties.

8.                In view of the above, both these appeals are accepted, the impugned order is set aside and the complaint is dismissed.

9.                The statutory amount of Rs.8425/- each deposited at the time of filing these appeals be refunded to the respective appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced: 04.05.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

 

CL