Delhi

North West

CC/409/2014

VIJENDER BAHADUR - Complainant(s)

Versus

SONY INDIA - Opp.Party(s)

05 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

 

CC No: 409/2014

D.No- ___________________                                      Date: ________________

 

IN THE MATTER OF:

 

VIKAS S/o SH. KANWARLAL,

C/o SH. SOM DUTT,      

R/o H. No. 175A, BAKNER, NEAR HOLI CHOWK,

NARELA, DELHI-110040.

 

ALSO AT: SH. KANWAR LAL,

WARD No. 2, KUNDANPURI,

MOHALLA: KHARKHAUDA, DISTT: SONEPAT,

HARYANA-131402.                          … COMPLAINANT

 

Versus

 

PUNJAB NATIONAL BANK,

(THROUGH ITS GENERAL MANAGER),  

HEAD OFFICE: 7, BHIKAJI CAMA PLACE,

NEW DELHI-110067.

 

ALSO AT: (THROUGH ITS GENERAL MANAGER),

CIRCLE OFFICE: TAU NAGAR,

RAM GOPAL COLONY, SONEPAT ROAD,

ROHTAK, HARYANA-124001.

 

ALSO AT: (THROUGH ITS BRANCH MANAGER),

KHARKHAUDA BRANCH, DISTT: SONEPAT,

HARYANA-131402.… OPPOSITE PARTY

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMAD, MEMBER

                MS. USHA KHANNA, MEMBER

 

                                              Date of Institution: 04.04.2014

                                                        Date of Decision: 05.12.2017

CC No. 409/2014                                                                      Page 1 of 8

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant is having saving bank account no. 66860001007091 with OP’s Kharkhauda branch. The complainant further alleged that the complainant’s younger sister was married on 20.01.2014 and on 09.01.2014, the complainant’s father went to PNB ATM for withdrawal of Rs.10,000/- due to marriage related expenses and purchases.However, the ATM machine did not dispense the desired amount of Rs.10,000/- and the complainant was shocked& surpriseddue to non-disbursement of the desired amount of Rs.10,000/- from the ATM machine and the said amount of Rs.10,000/- was debited from the saving bank account of the complainant and the complainant received SMS on his registered mobile no. 08930194354 about debiting of the amount of Rs.10,000/- immediately after the failed transaction. The complainant further alleged that the father of the complainant immediately reported the incident to the officers of the OP i.e. Kharkhauda Branch who in turn directed the father of the complainant to lodge complaint on customer care no. of OP and complaint no. 60859805 has been registered in this regard on the

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          same day i.e. 09.01.2014. Thereafter the complainant remained busy in the arrangement and solemnization of his sister’s marriage (held on 20.01.2014) and despite lodging the complaint the amount of Rs.10,000/- was neither credited in the account of the complainant nor refunded. The complainant further alleged that on 27.01.2014 the complainant again approached OP and upon the advise of the officers of OP fresh complaint no. 60935779 was lodged on the same day and the complainant and his father visited OP i.e. Kharkhauda branch and met its several officials but of no avail and on repeated visits and requests by the complainant the officials of the OP started avoiding, misbehaving and abusing the complainant instead of taking corrective measures to resolve the issue and the officials of OP threatened the complainant that his account will be closed if this issue is queried, raised, escalated any further. The complainant further alleged that OP has not deliberately removed the defect of the ATM machine and the complainant has tried several times to go through the complaint book, kept and maintained by OP, so that he could get the details of other innocent customers whose account have been debited without disbursement of amount from ATM machine and the officials of OP threatened the complainant that in case he is seen within the premises of the OP then they will call the Local Police and get him

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          arrested on the false charge of theft and hurt. The complainant further alleged that the complainant narrated the entire chain of failed transaction and unbecoming conduct of the officials of OP vide letter dated 08.02.2014 but to a surprise no response has been received by the complainant in this regard till date. On 08.02.2014, the complainant also lodged complaint on the website of RBI provided for redressal of such grievance but of no avail and the said complaint was lodged and reported to the official responsible for incidence happened within the jurisdiction of Sonepat, Haryana. However, no proof of such reporting has been received by the complainant through mail till date.Neither the amount has been credited nor refunded to the complainant till date and OP did not give response and there is an act of deficiency in service on the part of OP.

2.                 On these allegations the complainant filed the present complaint praying for direction to OP to pay amounts of Rs.10,000/- as well as compensation of Rs.20,000/- for damages, harassment and mental agony and has also sought Rs.15,000/- for cost of litigation.

3.       The OP has been contesting the case and filed reply wherein OP submitted that the complaintis not maintainable and is liable to be dismissed. OP further submitted that the complainant holds a saving fund account bearing no. 6686000100007091 and not

CC No. 409/2014                                                                      Page 4 of 8

          66860001007091 with OP i.e. Kharkhauda branch and OP always display in all of the ATM sites that in such cases, the customer may complaint to the Toll free no. 18001802222 however in the present case, the complainant has not got the complaint registered immediately after the incident. OP further submitted that the ATM machine remains under AMC with a reputed company i.e. M/s HCL Ltd., Noida and whenever the ATM machine gives any kind of problem then the OP immediately lodges the complaint since it is the controlling authority and once the complaint is registered, the fault is removed by the company engineer on next working day. OP further submitted that the saving fund account no. 6686000100007091 of the complainant has already been credited with a sum of Rs.10,000/- on 12.09.2014 and thus the complaint is liable to be dismissed. However, OP has not specifically disputed about complaints no. 60859805 & 60935779 lodged by the complainant on 09.01.2014 and 27.01.2014 at customer care no. of OP and about letter/complaint dated 08.02.2014 of the complainant.

4.       The complainant filed rejoinder to the written statement of OP and denied the contentions of OP. However, the complainant submitted that OP has taken time of about six months to rectify the problem of the complainant and the sum of Rs.10,000/- has been credited in

CC No. 409/2014                                                                      Page 5 of 8

          the account of the complainant on 12.09.2014.

5.       In order to prove his case the complainant filed his evidence by way of affidavit and the complainant also filed written arguments. The complainant also filed copy of passbook statement of account,copy of letter dated 08.02.2014 sent by the complainant to the OP through registered post alongwith postal receipts and copy of his sister’s wedding invitation card. The complainant also filed copy of notification issued by RBI.

6.       On the other hand on behalf of OPSh. Rajender Lal Maggu,Assist. General Manager of OP i.e. Kharkhauda branch filed his affidavit in evidence which is as per lines of defence taken by OP in the written statement and also filed written arguments.

7.       Ld. Counsel for complainant relied on a notification issued by Reserve Bank of India vide no. RBI/2010/11/547 dated 27.05.2011 in DPSS.PD.No.2632/02.10.002/2010-2011 which has been issued by RBI in respect of Reconciliation of failed transactions at ATMs and clause 2 of the said notification provides as under:

2.  Reserve Bank has been continuously monitoring the implementation of various directions by the banks. Based on a review of the developments and with a view to further improve the efficiency of operations, it has been decided as under:

a.   The time limit for resolution of customer complaints by the issuing banks shall stands reduced from 12 working days to 7 working days from the date of receipt of customer complaint. Accordingly, failure to re-credit the customer’s account within 7 working days of receipt of the complaint

 

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                    shall entail payment of compensation to the customer @ Rs.100/- per day by the issuing bank.

b.    Any customer is entitled to receive such compensation for delay, only if a claim is lodged with the issuing bank within 30 days of the date of the transaction.

 

8.       We have heard submissions of counsel for the parties and perused the record.

9.                 This Forum has considered the case of the complainant in the light of evidence of both the parties and documents placed onrecord by the complainant. The case of the complainant has remained consistent and undoubted and there is nothing on record todisbelieve the case of the complainant. We find no justification in the defence of OP that the complainant has not lodged the complaint immediately. No reason has been furnished by the OP as to why time of about 8 months was taken by the OP in crediting the amount of Rs.10,000/- in the account of the complainant. It further seems that when OP could not have any defence in its favour only thereafter the amount of Rs.10,000/- was credited in the account of the complainant. After receiving written request vide letter dated08.02.2014 OP ought to have taken care of crediting the amount of Rs.10,000/- in the account of the complainant which OP has failed.Thus, we are of opinion that OP has failed to prove its defence.

10.     Accordingly, OP is held guilty of deficiency in service. Accordingly, this forum orders as follows:

CC No. 409/2014                                                                      Page 7 of 8

i)        To pay to the complainant an amount of Rs.24,000/- as compensation for harassment and  mental agony suffered.

ii)       To pay to the complainant an amount of Rs.8,000/-  as cost of    litigation.

 

11.  The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

12.     Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.

Announced on this 5^thday of December, 2017.

 

BARIQ AHMED                         USHA KHANNA     M.K. GUPTA

   (MEMBER)                                  (MEMBER)(PRESIDENT)