Delhi

West Delhi

CC/17/407

TUSHAR NINDRA AND KIRAN NINDRA - Complainant(s)

Versus

CORPORATION BANK - Opp.Party(s)

22 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

 

CASE NO.  407/2017

SH. TUSHAR NINDRA

ADD- GH-2/138-A,

ANKUR APARTMENT, PASCHIM VIHAR,

NEW DELHI-110063.                                                        …..Complainant-1

 

MRS. KIRAN NINDRA

ADD- GH-2/138-A,

ANKUR APARTMENT, PASCHIM VIHAR,

NEW DELHI-110063.                                                        …..Complainant-2

VERSUS

CORPORATION BANK

JEEVAN PARVAH TOWER(LIC DO-3)

DIST. CENTRE, JANAKPURI,

NEW DELHI-110058.                                                        …..Opposite Party-1

 

CORPORATION BANK-HEAD OFFICE,

PANDESHWAR MANGALADEVI TEMPLE ROAD,

POST BOX NO. 88, MANGALORE-575001.                     …..Opposite Party-2

 

CORPORATION BANK-FTS CENTRE,

SHRESTA BHUMI, DOOR NO. 87,

OPP. KIMS, K R ROAD,

BANGALORE-560004.                                                    …..Opposite Party-3

 

O R D E R

PUNEET LAMBA, MEMBER

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986. Briefly the facts as stated by the complaints for the disposal of the present complaint are that the complainants are having saving account with OP-1.  It is alleged that on 31.03.2017 the mobile passbook application showed reduced balance whereas there is no debit from the account. He approached OP-1who told them that it is due to technical fault and the balance amount was Rs. 44311.88/-. Again on 01.04.2017 a sum of Rs. 14,000/- was deducted from account of complainant No. 1 on 31.03.2017 at 13:48pm whereas he received the text message on 01.04.2017 at 12:40am. It is averred that complainant No. 1 called OP to block the card but due to the poor service the same could not be done and he has to withdraw the left over amount from the nearest ATM. But after efforts the card was blocked meanwhile a sum of Rs. 10,000/- was also withdrawn from the account of complainant No. 1 from ATM BLA Hari Ram Palace, bhiwadi, Rajasthan. The complainant approached OP-2 & 3 through e-mail but to no effect. It is alleged that on 02.04.2017 a sum of Rs. 22,000/- was withdrawn from account of complainant No. 2 at ATM BLA Hari Ram Palace, bhiwadi, Rajasthan. The complainant No. 2 also approached the OPs through e-mails. On 03.04.2017 both complainant submitted form to OP-1 for refund the money and also requested to provide the CCTV footage. On 18.04.2017 OP-3 informed that the bank was unable to get the CCTV Footage and claim was also rejected on the ground as successful transaction. OP-3 e-mailed on 20.04.2017 to submit the documents required for the claim settlement to Zonal Office and the same were submitted by the complainant on 04.05.2017. It is averred that after 03 months the OP-1 rejected the claim on the ground that the complainant shared the PIN. It is alleged that the OPs failed to keep the confidential card details and there is deficiency on the part of OPs. Hence, the complainants prayed for direction to OPs to refund a sum of Rs. 47,000/- amount deducted from the account of complainants with interest as per FD Rate and a sum of Rs. 4,00,000/- towards mental agony and harassment.

          After notice OPs appeared and filed reply taking preliminary objections that the complainant has not approached the forum with clean hands and twisted the facts of the present complaint and also that the complainant has not made State Bank of India as necessary party from where the transaction was done. On merits, the reply is not very specific and only denied to the extent that there is no deficiency on part of OPs and prayed for the dismissal of the present complaint.

          During the proceedings, the counsel for complainant in all fairness submitted that OP has credited a sum of Rs. 46,000/- claim amount in Bank Account of both the complainants and prayed for the interest on the claim amount and compensation towards mental, physical harassment and litigation charges.

Though the matter stood settled between the parties but the complainants had not mentioned as to on which date the matter stood settled but it seems from the order sheet dated 16.08.2018 that it has been refunded before 16.08.2018.  Nevertheless the present complaint was filed in July, 2017 and the OP has used the claim amount in dispute approximately one year for which we feel that the complainants should be reasonably compensated. 

Keeping in view above discussions and observations, we direct OP to pay a sum of Rs. 15,000/- full and final towards interest and mental, physical harassment and litigation charges within 45 days from the receipt of this order. In case of default of payment in time OP shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization.

File be consigned to Record Room.

          Copy of Order be given as per rules.

          Announced this __22RD_________March, 2019.

 

(PUNEET LAMBA)                                                                             (K.S. MOHI)

     MEMBER                                                                                       PRESIDENT