Date of filing: 07.9.2015                                  Date of Order : 26.9.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::

KADAPA Y.S.R DISTRICT

PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT

  SMT. K. SIREESHA, B.L., LADY MEMBER

WEDNESDAY THE 26^th DAY OF SEPTEMBER 2018

CONSUMER COMPLAINT No. 92 / 2017

Kalluru Obul Reddy, S/o K. Subba Reddy,

aged about 60 years, Hindu, Residing at

D.No. 7/783, M.J. Kunta Colony,

Kadapa City and District.                                                     ….. Complainant.

Vs.

1.  The Branch Manager,

     State bank of Hyderabad,

     RTC Bus Stand Branch, Sri Shiva Complex,

     Kadapa.

2.  The Regional Manager, State Bank of Hyderabad,

     Eguib-I, 19-3-13 (M), 1^st floor, Renigunta Road,

     Tirupathi – 517502.

3.  The Zonal Manager, State Bank of Hyderabad,

     Zonal Office at 19-3-13 (M), 1^st floor,

     Renigunta Road, Tirupathi – 517502.                             ………Respondents

            This complaint coming on this day for final hearing on 19.09.2018 in the presence of Sri K. Vijaya Krishna, Advocate for Complainant and Sri G. Trivikram Singh, Advocate for opposite parties 1 & 2 and O.P.3 called absent and set exparte on 20.03.2018 and upon perusing the material papers on record, the Forum made the following:-

O R D E R

 (Per Smt. K. Sireesha, Member), 

1.                Complaint filed under section 12 of Consumer Protection Act 1986 praying this Hon’ble Forum, be pleased to pass a decree in favour of complainant and against the respondents to pay Rs. 40,000/- which was wrongly shown in the account of the complainant, to pay Rs. 1,00,000/- towards compensation for causing deficiency of service by not settling the claim, to pay Rs. 1,00,000/- for causing mental agony and heart stroke to the complainant, to pay Rs. 10,000/- towards costs of the complaint to the complainant.

2.                The brief facts of the complaint are as follows:-  The complainant is doing stone gravel business.  He is having S.B. Account bearing No. 62083375314 with R1 along with ATM card.  On 01.4.2014  the complainant went ATM center of SBI Branch which is located beside the Hero Show Room, Near RTC Bus stand and operated to withdraw an amount of Rs. 20,000/- but the screen was displayed as “sorry unable to process”.  The complainant again operated the machine and the same displayed on screening.  The complainant did not collected single paise from ATM on 01.4.2014.  After that the complainant came to know that there was withdrawing an amount of                       Rs. 40,000/- from his account and Rs. 20,000/- was deposited on the same day.   After that the complainant asked R1 bank and they did not responded properly. The complainant caused heart stroke and had bypass surgery.  After discharging from the hospital the complainant again asked R1 and they did not given properly reply.  The complainant suffered with mental agony for the negligent acts of the bank authorities.  Lastly the complainant issued legal notice on 31.10.2014 and there was no response from the respondents.  Hence, the complaint.   

3.             Common Written version filed by the Oppoiste parties 1 & 2.  Opposite party No. 3 called absent and set exparte on 20.3.2018.

                The State Bank of Hyderabad merged with State Bank of India.  It is true that the complainant is having account and ATM card with opposite party No. 1 bank.  It is not correct that the complainant operated ATM machine on 01.4.2014 and not collected a single paise.  As  per the statement of account bearing S.B. A/c No. 62083375314 of the complainant.  He made three transactions vide TX No. 6217, 6218 and 6219 for withdrawal of Rs. 20,000/-.  First transaction under TX No. 6217 for withdrawal of Rs. 20,000/- was successful and the amount was disbursed from ATM machine. The 2^nd transaction under TX No. 6218 was declined and reverted back and credited in the same account.  The 3^rd transaction under TX No. 6219 for Rs. 20,000/- was successful and disbursed from ATM machine and the statement of account clearly discloses the fact about credit and debit transactions.   So the complainant through his ATM card from Opposite parties ATM machine were successful and amount was disbursed.  Hence, there is no deficiency in service and the complaint may be dismissed with exemplary costs. 

4.             On the basis of the above pleadings the following points are settled for determination. 

1. Whether the complainant is eligible for compensation as prayed by him or not?
2.  Whether there is negligence or deficiency of service on the part of the opposite parties or not?
3.   To what relief?

5.              On behalf of complainant Exs. A1 to A4 documents were marked and on behalf of Opposite parties Exs.B1 to B7 documents were marked.

6.             Point Nos. i & ii.  It is very clear from Exs. A1, A2, B1 and B2 that the complainant was having account with O.P.1 bank along with ATM Card.  As per Ex. B2 it is very clear that two transactions were successful i.e. TX No. 6217 and TX No. 6219 and TX No. 6218 was reverted back to the account of the complainant.   Exs. B3 and B4 clearly show that the disbursed amount of Rs. 20,000/- was debited into account of the complainant and the cash was dispensed from the ATM machine. Ex. B5 shows that there is no excess amount of cash found in the ATM machine.   When the complainant operated on 01.4.2014, Ex. B6 is also showing no excess cash certificate.  Ex. B7 dt. 01.4.2014 clearly shows there are no unsuccessful transactions on that day in the ATM machine complained by the complainant.  The complainant issued legal notice on 31.10.2014, it shows the negligent attitude of the complainant himself.  He had the ATM transaction on 01.4.2014 after six months, he had given legal notice to the opposite parties.  Here the complainant utterly failed to prove the case.  So the complainant is not eligible for any compensation as prayed by him.  At the same time there is no deficiency in service or negligence on the part of the opposite parties 1 to 3.     

7.             Point Nos. iii. In the result the complaint is dismissed without costs.

              Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the  26^th day September 2018. 

MEMBER                                                                                PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant :   NIL                                For Opposite parties:            NIL 

Exhibits marked for Complainant: - 

Ex.A1        P/c of  the pass book bearing A/c No. 62083375314 in the name of the complainant.

Ex.A2        P/c of  Statement of Account issued by the 1^st respondent dt.                13-06-2014,

Ex.A3        Office copy of legal notice dated 31-01-2014 along with postal receipt.

Ex.A4        Served Acknowledgement card.

 Exhibits marked on behalf of the Respondents 

Ex.B1        Original complaint  Copy dt.21-05-2014 give by the complainant to the O.P-1.

Ex.B2        Attested copy of Statement of Account dt.21-05-2014 pertaining the account of the complainant.

Ex.B3        Attested copy of Statement of complainant Management System Pertaining the TXN No.6217.

Ex.B4          Attested copy of statement of complaints Managements system pertaining the  TXN No.6217.

Ex.B5                Original  letter dt.01-04-2014 issued by SBI, Kadapa. Transactions.

Ex.B6        Original no excess cash certificate dt 01-04-2014 issued by Dy General Manager, Kadapa.

Ex.B7        True copy of unsuccessful transactions on 01.4.2014 from ATM bearing ID No. 000830052.

MEMBER                                                                          PRESIDENT  

Copy to :-

1. Sri K. Vijaya Krishna, Advocate for complainat.

2. Sri G. Trivikram Singh, Advocate for O.Ps.1 & 2.

                                  3. The Zonal Manager, State Bank of Hyderabad,

                                      Zonal Office at 19-3-13 (M), 1^st floor,

    Renigunta Road, Tirupathi – 517502

B.V.P