Delhi

East Delhi

CC/235/2014

VIRENDER - Complainant(s)

Versus

YES BANK - Opp.Party(s)

27 Mar 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                                                     CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

CC. No.235/14:

In the matter of:
Sh. Virendra Kumar,

S/o, Shri Nathun Sao,

R/o. S-348 B, School Block,

Shakarpur,

Delhi-110 092.                                   

Complainant

Vs

1. Yes Bank Ltd.

(Through Manager / Incharge)

Shakarpur Branch,

107, Shakarpur, Delhi-110 092

 

2. The Manager,

Canara Bank,

Plot No -18, Vikas Deep Commercial Complex,

Ground Floor, District Centre,

Laxmi Nagar, Delhi- 110 092

                                                                                                             Opposite Parties

 

 

                                                                                        Date of Admission-16/04/2014

                                                                                         Date of Order         -05/08/2015

 

ORDER

 

SUBHASH GUPTA, MEMBER

The Complainant has filed the present complaint u/s 12 of the The Consumer Protection Act, 1986 against the Respondents, Yes Bank and Canara Bank, hereinafter to be referred as OP Nos.1 & 2 respectively. The Complainant has alleged in the complaint that he is a Savings Advantage Customer with A/c No. 010790100001780 (ID- 610957) and has an ATM Card issued by OP No.1. It has been averred by the Complainant that on 16/11/2013 he visited the ATM of OP No.2 situated at School Block, Laxmi Nagar and swiped his ATM Card for withdrawal of Rs.10,000/- but the Machine did not respond and it was witnessed by  5-6 persons who also tried to use the ATM.  It is further alleged that to his surprise a sum of Rs.10,000/- was debited from his account.  Complaint was lodged vide   No. 347846 on 16/11/2013 for wrongfully debiting the sum of Rs. 10,000/- from his account.  It is also stated by the Complainant that OPNo.1 denied any responsibility and handed over to him six pages of details showing the withdrawal of money from his account, which he has annexed with the complaint. The CCTV footage of the ATM was also denied to the Complainant by the Bank.  The Complainant has also complained at the Customer Care Centre but the same have also not yielded any results and, therefore, he had to file the present complaint seeking direction to the Bank to credit Rs.10,000/- in his account, pay Rs.20,000/- for harassment & mental agony and Rs.10, 000/- as litigation cost.

            Notice of the complaint was issued to the OPs and they after being served with Speed Post have chosen not to file any reply.

            The Complainant has filed his affidavit in support of his claim.

            Although there is no rebuttal of the allegations made in the complaint but still it is the duty of this Forum to scrutinize the complaint and the documents annexed with it to arrive at a fair and just conclusion. We have carefully examined the Statement of Account issued by Yes Bank Ltd. as well as the EJ Log Entry of 16/11/2013 at 19.26hrs Registered at Record No. 5383 which shows that the card was processed for balance inquiry and the account balance was Rs.58, 447.54.  The Card was swiped again at 19.29hrs vide Record No.5384 whereby a sum of Rs.10,000/- was withdrawn and the available balance shown was Rs.48,447.54/-.  In view of this it cannot be held that the OPs have wrongly and deliberately debited an amount of Rs.10, 000/- from the account of Complainant. Accordingly, the complaint is dismissed.

The copy of the order be sent to the parties as per rules.

 

(Subhash Gupta)                              (Poonam Malhotra)                                (N.A.Zaidi)                                                                                                                                                                                                                                                                   Member                                           Member                                         President