DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHMAL PHULBANI

                                                                                    C.C. NO.21 OF 2014

Present: Sri Rabindranath Mishra              - President.

                Miss Sudhira Laxmi Pattanaik   - Member.

                Sri Chakadola Malick                 - Member.

Gopabandhu Sahani, aged about 37 years,

Son of Parameswar Sahani, Village / PO: Bisipada,

 P: S Phulbani Sadar, Dist: kandhamal.                          ……………….  Complainant.

                               Versus.

Branch Manager, U.CO. Bank

At: Masjid Road, Phulbani,

PO/PS: Phulbani, Dist: Kandhamal                               ……………….. OPP. Parties.

For the Complainant:      Self.

For the Opp. Parties:   Sri V.V. Ramadas, Advocate

Date of Order:  30-01-2015

                                                                                            O R D E R

                                    The case of the Complainant in short is that he is a Savings account holder bearing No. 08130110008669 having A.T.M facility under the Opposite Party, U.Co Bank of Phulbani. On 25-06-2014 he had received a message that Rs. 5,000/- have been withdrawn from his account. So he rushed to the Bank and gave a written complaint at 6 P.M in the Branch to lock his account. The bank authority assured him that his account was locked. But on 26-06-2014 an amount of Rs. 22,000/- was withdrawn by some body in spite of his specific instruction to lock his account. He thereafter intimated the fact to the Opposite Party but he refused to accept any written objection from him. For which he was mentally upset due to the negligence of Bank authority and filed this complaint to get Rs. 22,000/- from the Opposite Party along with compensation of Rs. 20,000/- for his mental agony and financial loss .

                                    The case of the Opposite Parties as per his version is that the Complainant had given letter in the branch on 25-06-2014 at 6 P.M in the closure hour of the branch with a request to lock the account but without providing the A.T.M details . Accordingly the Bank officials frozen for the debit entries which are within their purview. Debit blocking of accounts restricted to any further debit at branch counter only but there is no A.T.M locking capacity at the branch level, rather the same can only be locked by the central office through calling to toll free number. Accordingly the Bank officials advised the Complainant to call to toll free

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number for locking the A.T.M. On 26-06-2014 the Complainant has withdrawn Rs. 73,000/- from his account. It is revealed that the Complainant had displayed the A.T.M card number and pin Number to an unknown caller by violating the declaration of the Bank given in the A.T.M card. As such the Opposite Party is not liable for any damage and compensation as there is no deficiency in service on the part of the O.P bank.

                                    We have heard the Complainant and the learned counsel appearing for the Opposite Party. Perused the complaint petition, the version of the Opposite Party and the documents filed by the parties in support of their case. It is admitted by both the parties that a written complaint was lodged before the O.P on 25-06-2014 at 6 P.M. It is seen from the transaction enquire report that on 26-06-2014 Rs. 22,000/- was withdrawn from the account of the Complainant before withdrawal of Rs. 73,000/-. As per version of the O.P Bank the account was frozen but how the money was withdrawn from the said frozen account. The Complainant is not claiming Rs. 5,000/- which was withdrawn on 25-06-2014 as per his disclosure of the A.T.M secret number. But the O.P Bank has not taken any effective steps ( in spite of specific instruction) to stop the account of the complainant as a result of which Rs. 22,000/- in four installments were withdrawn from the account of the Complainant on 26-06-2014. It amounts negligence and deficiency in service on the part of the O.P Bank for which the Complainant was facing mentally agony and financial loss. Hence the Complaint filed by the Complainant is allowed .The Opposite party is directed to pay Rs. 22,000/- to the Complainant with 8 % annum interest from 26-06-2014 till the date of payment. The Opposite Party is further directed to pay Rs. 5,000/- only towards compensation for mental agony and financial loss of the Complainant. The said order be complied within 30 days from the date of receipt of the order

                                    Supply free copies of this order to both the parties. The C.C is disposed of accordingly.

                                        MEMBER                                             MEMBER                               PRESIDENT