CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO. 1460 OF 2008 Date of filing : 19/11/2008

@ MISC. APPL. NO. 2064 OF 2008 Date of order : 09/06/2009

IN CONSUMER COMPLAINT NO. 316 OF 2007

DISTRICT CONSUMER FORUM : THANE



1. The Branch Manager

Canara Bank, Guruvayur Branch,

East Nada, Guruvayur, Thrissur,

Dist. Kerala State.

2. The Branch Manager

Canara Bank, Vartak Nagar Branch,

P.O. Jekegram, Thane (W) – 06.

3. Chairman / Managing Director

Canara Bank H.O., 112 J.C. Road,

Bangalore – 560 001. … Appellants/org. O.Ps.

V/s.

Shri M. Shunmugan

37 / 1190, M.H.B. Colony

Vartak Nagar, Thane (W) – 06. … Respondent/org. complainant


Corum : Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Smt. S.P. Lale, Hon’ble Member

Present: Mr.S.T. Kanchar, Advocate for the appellant.

Respondent-Shri M. Shunmugan in person.

- : ORDER :-
Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

This appeal arises out of order/award dated 06/09/2008 passed in consumer complaint No.316/2007 Shri M. Shunmugan V/s. Branch Manager, Canara Bank & Ors. passed by District Consumer Forum Thane (‘Forum below’ in short).

Respondent/org. complainant has a saving bank account with Canara Bank, Vartak Nagar, Thane. He had been to Kerala to visit Guruvayur Temple for marriage of his daughter. From the Bank ATM, using his Debit Card on 26/12/2006 he withdrawn in all Rs.10,000/-. Using card on three occasion on that day, respectively withdrawn Rs.4,000/-, Rs.4,000/- and Rs.2,000/-. On the next day i.e. on 27/12/2006 he had again used Debit Card on two occasions and withdrawn Rs.5,000/- on each occasion. However, at the time of use of ATM machine, he had not received any account statement. After returning to Thane, when he checked his Pass-book entries, found that Rs.5,000/- were wrongly debited on 26/12/2006. He made a complaint with Bank, but in vain and hence, filed consumer complaint to get refund of Rs.5,000/- along with compensation of Rs.10,000/-. This complaint came to be allowed and whereby, Forum below directed the bank to refund Rs.5,000/- along with interest @ 9% p.a., pay compensation of Rs.3,000/- and cost of Rs.2,000/-. Feeling aggrieved thereby, Bank preferred this appeal.

We heard Mr.S.T. Kanchar, Advocate for the appellants/Bank and respondent/org. complainant Shri M. Shanmugan in person. Perused the record.

After receipt of complaint, Bank did verify the same, obtained necessary information and then informed the complainant as per letter dated 12/04/2007 that as per switch log, obtained details of transactions and which did confirm that he had withdrawn disputed Rs.5,000/- using his Debit Card on 26/12/2006 at around 6.00 p.m. (18:09:09 hrs.) as per sequence No.3772 and from ATM bearing ID No.08380212 and status of the transaction reported as ‘success’. Complainant did not adduce any evidence except his bare words to repudiate this electronic transaction data maintained in due course of business by the Bank. Under the circumstances, we find no reason to hold that complainant did establish his complaint that Bank wrongly debited Rs.5,000/- from his account. There being no deficiency in service on the part of Bank. Complaint itself is not tenable. Forum below passed a moral judgement rather than a legal judgement and arrived at a wrong conclusion. The material on record did not support such course adopted by the Forum below. Hence, we hold accordingly and pass the following order :-

-: ORDER :-

1. Appeal is allowed with cost of Rs.1,000/-.

2. The impugned order/award dated 06/09/2008 is set aside and in turn, complaint stands dismissed.

3. Misc. Appl. No.2064/2008, which is for stay stands disposed of as infructuous.

4. Copies of the order be furnished to the parties.





(S. P. Lale) (S.R. Khanzode)

Member Presiding Judicial Member

dd.