Delhi

East Delhi

CC/355/2018

ROSY NAYYAR - Complainant(s)

Versus

B.O.B. - Opp.Party(s)

20 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.355/2018

 

Rosy Nayyar R/o H-89 A Gali No. 5, Shakarpur Baramad, East Delhi, Delhi – 110092.	….Complainant
Versus
Bank of Baroda (Through its Representative/Manager) Vikas Marg, Block U, Shakarpur Khas, New Delhi, Delhi 110092.   State Bank of India Plot No.46, Main Market Road, Block-U, Shakarpur, New Delhi – 110091.	……OP1         ..….OP2

 

Date of Institution: 12.11.2018

Judgment Reserved on: 20.03.2023

Judgment Passed on: 20.03.2023

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)

 

 

Order By: Shri Ravi Kumar (Member)

 

JUDGEMENT

1. The complainant has alleged deficiency in service on the part of the OP1 by not refunding the amount of Rs.4000/- which amount was not disbursed by the ATM machine of OP2 which she has used on 07.06.2018.
2. The complainant has stated in her complaint that she is maintaining SB Account No.16520100028368 with OP at Shakarpur Khas, Vikas Marg, Delhi Branch and she was issued ATM cum Debit Card bearing No. 4029 8503 0820 1224. On 07.06.2018 she was in need of some money and visited nearest ATM Machine installed by OP2- SBI at Shakarpur, Delhi to withdraw Rs.4000/- and after using the ATM Card the transaction was declined and cash was not dispensed by the ATM machine. However, she received a massage on her mobile that the amount is debited from her account. The complainant approached OP1 and submitted complaint on 08.07.2018 for the said disputed transaction and she was advised that the issue will be resolved within 48 hours but nothing happened and later she was informed that her complaint has been closed as the transaction was successful and OP1 refused to refund the amount of Rs.4000/- to her.
3. The complainant thereafter contacted the OP2 and requested for the CCTV footage but there was no response for the same from the side of OP2. Thereafter she submitted written complaint on 10^th September, 2018 to the OP1. However, the amount has not been refunded to her and she filed the present complaint with the following prayer:

• To refund the amount of Rs.4000/- plus 18% interest
• To direct the OP to pay Rs.50,000/- towards the loss of peace and mental agony suffered by the complainant due to negligence of the service and false commitment to her;
• To pay cost of complaint;

4. Initially the complainant had impleaded only Bank of Baroda as OP however later on i.e.  14.03.2019 she amended the memo of parties and impleaded State Bank of India, Shakarpur Branch as OP No.2.
5. Notice was issued to both the OPs and OP1 has filed its Reply wherein it has contended that the complainant has not submitted any slip of the transaction in question or any other documentary evidence to show that the complainant made the transaction in question. As per the report of the OP the alleged transaction of withdrawal of Rs.4000/- through ATM on 07.06.2018 was successful. The OP has nothing to do with the said transaction as the ATM pertains to State Bank of India – OP2 and it was used by the complainant. There is no question of asking by the complainant to show CCTV footage of the ATM as the ATM in issue was of State Bank of India and it was State Bank of India who could have produced the CCTV footage and not the OP1. The grievance of the complainant was addressed by them and OP is not liable in any manner for the transaction made by the complainant at the ATM of State Bank of India.
6. Complainant was directed by this Commission on 15.02.2022 to file Rejoinder to the reply of OP1 as well as her evidence by way of affidavit. However the complainant did not file the same.
7. Despite notice OP2 has not appeared and their right to file written statement was closed vide order dated 29.10.2021.
8. OP1 has filed evidence by way of affidavit. On 24.01.2023 Complainant’s right to file evidence was closed and the Ld. Counsel for the Complainant had stated that Complainant is not contacting him. Parties were directed to file written arguments and next date was fixed as 20.03.2023 for Final Orders.
9. On 20.03.2023 also no-one appeared on behalf of the Complainant. Ld Counsel for OP1 appeared and argued the case. 
10. This Commission has heard the arguments of OP1 and perused the documents on record.
11. The complainant is seeking refund of Rs.4000/- which she did not receive when she used ATM of OP2 on 07.06.2018 at Shakarpur, Delhi. She made complaint to this effect with OP1 where she is maintaining her SB Account No.16520100028368 at Bank of Boroda, Shakarpur Branch and she was issue debit card No.4029-8503-0820-1224 and she was informed that it may require 48 hours to resolve.
12. From the document enclosed in the complaint it can be observed that ATM cash withdrawal was there in her account for Rs.4000/- and OP1 has rejected her claimed on the ground the transaction was successful. She demanded CCTV footage from OP1.Though OP2 appeared before this Commission on 03.06.2019 but never filed its reply and their right to file reply was closed on 29.10.2021.
13. It is further more important to note that the complainant did not file rejoinder to the reply of OP1 as well as her evidence by way of affidavit and on 24.01.2023 her counsel stated that complainant is not contacting him and the opportunity to file evidence of the complainant was closed on that day. On 20.03.2023 none appeared on behalf of complainant.
14. The onus to establish her case primarily lies on the complainant and she has to establish the same by way of evidence which she has not done. It is settled principal Law that pleading howsoever strong may be, cannot take place of proof. In the absence of evidence the complainant has not been able to established deficiency on the part OPs, as alleged in the complainant.
15. It appears that the Complainant is not interested in pursuing her case and is not in contact with her Counsel. She neither filed Rejoinder to the Reply of OP1 nor filed her Evidence by way of Affidavit in the case.

In view of the above, the complaint filed by the complainant is dismissed.

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room.

Announced on the 20^th March, 2023.