Hon’ble Mr. Manojit Mandal, President
This is a complaint u/s 12 of the C.P. Act, 1986.
The Complainant has stated inter-alia that the Complainant has a Savings Bank Pass Book being Account No.435510110004583 in the Bank of India. The Pass Book of her discloses that upto 16.11.17, there was money amounting to Rs.10,389/-. On 16.11.17, the Complainant went to withdraw her money amounting to Rs.7,000/- from the A.T.M of O.P No.2 Bank situated at Subhas Pally, Cooch Behar but she did not get any type of information from the concerned A.T.M. Then and there, she went to another A.T.M Counter of O.P No.2 Bank situated at Bhavani Cinema Hall and on the same day a slip came out at A.T.M machine disclosing insufficient fund.
Further case of the Complainant is that the Complainant then told the Manager of O.P No.1 Bank but the Manager told her that it would be fulfilled within 7 days. After 7 days, she went to the O.P No.1 Bank to enquire into the matter but too no effect.
Further case of the Complainant is that the Complainant went to withdraw her money from the concerned Bank on 16.11.17 but the Pass Book indicated that Rs.7,000/- had already been withdrawn from the said Account. Then she told the Bank Manager that she did not withdraw the money from the said Bank. The O.P No.1 Bank did not pay any heed to her request. Then she reported the matter to the Consumer Affairs Department and the Consumer Affairs Department issued a letter for mediation. Accordingly, a mediation was held on 17.01.18 at 1.00 P.M. On 17.01.18, the Bank Manager of O.P No.1 Bank and the Bank Manager of O.P No.2 Bank appeared for mediation. The Bank Manager of O.P No.1 Bank apprised that they had sent the complaint to the Head Office, Mumbai but the Head Office, Mumbai informed the matter deemed it successful transaction. The Bank Manager of O.P. No.2 stated that he would look into the matter and sought for CC TV footage from their Head Office. The next date for mediation was fixed on 21.02.18. On the date of mediation i.e. 21.02.18, neither the O.P No.1, nor the O.P No.2 appeared there. Due to such willful act and omission on the part of the O.Ps, she suffered a lot for non-payment of money. Hence, this case.
The O.P. No.1 has contested the case and filed w/v denying all material averments and has stated inter-alia that the case filed by the Complainant is not maintainable and the Complainant has no cause of action to file this case. The specific case of the O.P No.1 is that the A.T.M Card of the Complainant with secret pass-word were in the possession of the Complainant and the Complainant on 16.11.17 went to the A.T.M Counter at O.P No.2 Bank at Subhas Pally, Cooch Behar for withdrawing the money amounting to Rs.7,000/- from her S.B. Account being No.435510110004583 by using her own A.T.M. Card being No.6069989706444113 and she pushed her A.T.M card in the A.T.M machine and entered the amount of Rs.7,000/- and the said transaction was successful transaction and automatically the amount of Rs.7,000/- was debited from her Savings Bank Account. Further case of the O.P No.1 Bank is that the said withdrawal amount was debited from her Savings Bank Account and thereafter, on the same day, she had attempted to withdraw another amount of Rs.7,000/- but said withdrawal was declined at the said A.T.M since the entered amount was greater than the balance amount in the Savings Bank Account of the Complainant.
Further case of the O.P No.1 is that on 16.11.17, Complainant’s Account was debited since the said A.T.M transaction was successful and for such reason, on 16.11.17, an amount of Rs.7,000/- was debited from her Savings Bank Account by the A.T.M Department. Then the Complainant lodged one complaint on 22.11.17 before the O.P. No.1 and after receiving such complaint from the Complainant, the O.P No.1 Bank informed and forwarded the matter to the Complaint Management System of A.T.M.
Further case of the O.P No.1 is that O.P. No.1 being the Bank of A.T.M Card holder had made the payment to Axis Bank under the Payment Settlement System of RBI which is run by NPCI.
Further case of the O.P No.1 is that the Complainant totally suppressed the original facts of the case and intentionally harassed them and filed the case to squeeze money from them.
Further case of the O.P No.1 is that if there is arising any dispute in this case, Axis Bank will be liable and Axis Bank is also liable for submission of CCTV footage, JP Log and all connected documents for proof of successful transaction on 16.11.17 and, therefore, O.P No.1 Bank is not liable and responsible. So, the O.P. No.1 Bank has prayed for dismissal of this case with cost.
The O.P No.2 appeared in this case but ultimately O.P No.2 did not contest this case.
POINTS FOR CONSIDERATION
- Is the case maintainable in its present form and prayer?
- Whether there is any deficiency in service and unfair trade practice on the part of the O.Ps as alleged?
- Whether the Complainant is entitled to get any relief as prayed for?
DECISION WITH REASONS
Point No.1.
This point is taken up first for consideration.
This point has not been pressed by the Ld. Advocates appearing for the parties at the time of hearing argument. As such, we do not find any reason to hold that the case is not maintainable in its present form.
This issue is, thus, decided and disposed of in favour of the Complainant and against the O.Ps.
Point No.2 & 3.
These two points are taken up together for consideration for their brevity and their inter-relatedness.
Upon hearing both sides and on perusal of the evidence and the materials on record, we find that it is an admitted position that the Complainant is having a Savings Bank Account with the O.P. No.1 Bank of India being Account No.435510110004583. It is also an admitted position that the A.T.M Card of the Complainant with secret pass-word were kept with the possession of the Complainant. It is also an admitted position that on 16.11.17, the Complainant went to the A.T.M Counter of Axis Bank at Subhas Pally, Cooch Behar for withdrawal of money amounting to Rs.7,000/- from the said Savings Bank Account.
It is the case of the Complainant that the Complainant did not get any type of information from the A.T.M Counter of Axis Bank situated at Subhas Pally. Then she went to another A.T.M Counter of Axis Bank situated at Bhavani Cinema Hall on the same date and the slip indicated insufficient fund and she did not receive any money on that date.
On the other hand, the case of the O.P No.1 is that the Complainant pushed her A.T.M Card into the Axis Bank’s A.T.M and entered the amount of Rs.7,000/- and the said transaction was successful transaction and automatically the amount of Rs.7,000/- was debited from her Savings Bank Account.
Upon hearing both sides and on perusal of all the papers, we do not find any cash reconciliation report as well as J.P Log. It is not denied that on 16.11.17, the Complainant has operated the A.T.M machine. The only dispute is either the Complainant has received the cash from the said A.T.M or not? Both the Banks have not stated that no excess cash was found in the A.T.M. There is no cash reconciliation report as well as J.P Log on record, which proves that investigation was done by the Bank of India as well as Axis Bank. In the premises noted above, we are of the opinion that the Bank of India as well as Axis Bank have failed to prove that the Complainant has received the cash from A.T.M machine of Axis Bank situated at Subhas Pally. It is in evidence that the A.T.M machine of the Axis Bank, Cooch Behar Branch situated at Subhas Pally was used. But, the Axis Bank has not stated on oath that the A.T.M machine of Axis Bank has disbursed the amount of Rs.7,000/- on 16.11.17 to the Complainant. Therefore, we are of the view that because of the fault of the said A.T.M machine, the amount was shown withdrawn and the Bank of India has no role in the said transaction of A.T.M. Only the Complainant was having a Savings Bank Account in the Bank of India. The liability, if any, is of Axis Bank, Cooch Behar Branch. Therefore, we hold that the complaint u/s 12 of the C.P. Act, 1986 should be allowed and O.P. No.2 Axis Bank is liable to pay Rs.7,000/- to the Complainant along with interest @ 6% per annum from the date of transaction i.e. 16.11.17 and Rs.2,000/- towards litigation expenses.
Under these facts and circumstances and on consideration of the evidence and the materials on record, we are of the view that the Complainant has been able to prove her case and as such, she is entitled to get relief as prayed for.
The points are thus decided in favour of the Complainant against the O.Ps.
Fees are paid correctly.
Hence, it is
Ordered
That the complaint u/s 12 of the C.P. Act, 1986 is allowed against the O.P No.2 Bank ex-parte and the complaint be dismissed against the O.P No.1 Bank on contest.
The O.P No.2 Bank is directed to pay Rs.7,000/- to the Complainant along with interest @ 6% per annum from the date of transaction i.e. 16.11.17 and Rs.2,000/- towards litigation cost within a period of one month from the date of this order, failing which the Complainant is at liberty to execute the same through due process of law.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action.
The copy of this Final Order/Judgement also available at www.confonet.nic.in.
Dictated and corrected by me.
