Chandigarh

DF-II

CC/338/2018

Sahil Kumar - Complainant(s)

Versus

Corporation Bank - Opp.Party(s)

Anil Kumar Adv.

21 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	338 of 2018
Date  of  Institution	:	15.06.2018
Date   of   Decision	:	21.12.2018

 

 

 

 

 

Sahil Kumar, Prop. of M/s H.S.Logistics, SCF No.117, 2^nd Floor, Phase-VII, Mohali.

 

            Complainant

Versus

 

1]  Corporation Bank, S.C.O. No.493-494,  Sector 35-C, Chandigarh through its Manager.

 

2]  Corporation Bank, Zonal Office, SCO No.86, Sector 5, Panchkula, through its Zonal Manager.

   

  Opposite Parties

 

BEFORE:  MR. RAJAN DEWAN           PRESIDENT

MRS.PRITI MALHOTRA        MEMBER

                    MR.RAVINDER SINGH         MEMBER

           

 

Argued By: Sh.Sahil Kumar, Complainant in person.

Sh.Ajay Singla, Counsel for OPs

 

 

PER RAVINDER SINGH, MEMBER

 

                    The complainant has stated that he is having Current Account No.064601601000517 (Para 2 of complaint) in the name of his firm M/s H.S.Logistics, in Corporation Bank, Sector 35-C Branch, Chandigarh.  The complainant received a message from OP Bank on 3.3.2018 that a sum of Rs.5000/- has been debited from his current account despite the fact that he never withdrawn that amount.  On enquiry from bank, the complainant came to know that the said amount of Rs.5000/- was debited from his account for the reason that he had made three transactions on 2.11.2017.  The complainant has alleged that he got the accounts statement of its firm’s account for the period from 1.11.2017 to 2.11.2017 and came to know that no amount was withdrawn by the complainant (Para 4 of complaint). Alleging unfair trade practice on the part of the bank, the complainant has filed the complaint for refund of Rs.5000/- along with compensation and litigation costs.

 

2]       The Opposite Parties No.1 & 2 has filed joint written statement in rebuttal to the contentions as raised in the complaint.  The complainant alleged to have made 4 transactions on 2.11.2017 out of which 3 remain successful and out these three successful transactions, the server of the Opposite Party i.e. bank fail to hit the one transaction of INR 5000/-, only two transactions were recorded by the server in the record at that time and as such, the amount for only two transactions were debited from the account of the complainant i.e. INR 10000/- and INR 5000/-.  However, when the server of the bank reconsidered/reviewed the data, then, it was found that on 2.11.2017 there were 3 successful transactions made by the complainant and he has withdrawn INR 20000/- in toto     (INR 10000 + INR 5000 + INR 5000) on that day and as such, when the data is reconsidered by the server, then an amount of INR 5000/- was debited from the account of the complainant on 1.3.2018. The Opposite Parties alleging the complaint to be concocted one, pray for dismissal with cost.

 

3]       The complainant filed rejoinder reiterating the contentions made in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person and learned Counsel for the Opposite Parties and also carefully examined the entire evidence on record.

 

6]       As per the Account Statement (Ann.OP-I) of M/s H.S.Logistics, the complainant is having Account No.0646-510101004051954 in the name of his firm not 064601601000517, as alleged in complaint. 

 

7]       After careful perusal of Journal Record (Ann.OP-I, P/13), it is found that the complainant processed his ATM Card No.5089440018114265 in his Current Account No.0646-510101004051954, as per following:

 

Date	Time	Purpose
2.11.2017	10:49:37	Balance Enquiry
2.11.2017	10:50:06	Cash Withdrawal Rs.10000.
2.11.2017	10:50:59	Cash Withdrawal Rs.5000.
2.11.2017	10:52:34	Cash Withdrawal Rs.5000.

  

8]       The Asstt.General Manager, Corporation Bank, Bengaluru, vide his email message dated 20^th February, 2018 addressed to all its branches has stated;-

“All are aware that FTS was migrated to Finacle effective from 31.10.2017. Due to the technical problems the daily reconciliation files were not received by FTS from NCBS/Finacle.  Files are being received now and RECON process has commenced.

During the period from 31.10.2017 till date few of the ATM transactions were not debited to the customer a/cs on the same day [especially the ATM transactions that have happened in offline mode]

In the RECON process, the same are being debited now and will continue as and when RECON is being done.”

  

9]       The Manager, FTS Centre Bengaluru also further vide its message dated 21.2.2018, The Chief Manager E-Business Division, Mangalore vide his message dated 2.5.2018, The General Manager vide message dated 10.5.2018 while reiterating the instructions has laid emphasis on regularizing the accounts in reconciliation on delayed receipt of files.

 

10]      Keeping into consideration, the cash withdrawal transactions, it is established beyond all reasonable doubts that the complainant has withdrawn Rs.20,000/- in three parts i.e. Rs.10000/- at 10:50, Rs.5000/- at 10:50:59 and also Rs.5000/- at 10:52:34 on 2.11.2017.

 

11]      Due to technical flaw in the operating system, the third withdrawal entry of Rs.5000/- could only be traced on reconciliation of accounts on 1.3.2018 and as such was debited from the account of the complainant, which appears to be bonafide free from any malice or malpractice.  There is no unfair trade practice on the part of Opposite Parties.

 

12]      The complainant has current account in the name of his firm. The account being commercial in nature also does not fall within the ambit of provisions of The Consumer Protection Act, 1986.

 

13]      Keeping into view the facts under consideration, as discussed in preceding paragraphs, the complaint being without merit is hereby dismissed.

         Certified copy of this order be forwarded to the parties, fee of cost, as per law.  After compliance, file be consigned to record room.

Pronounced.

21^st Dec., 2018   

                                   Sd/-

(RAJAN DEWAN)

                                 PRESIDENT

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(RAVINDER SINGH)

MEMBER