BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.130/2019

DATED ON THIS THE 17^th October, 2019

      Present:   1) Sri. C.V.Maragoor

B.Com., L.L.M., - PRESIDENT   

                     2) Sri. Devakumar.M.C.           

                                        B.E., LLB., PGDCLP   - MEMBER

Sri C.V.MARAGOOR,

President

1.       This complaint has filed by D.Devashetty aged 60 years resident of Chikkayana Chatra Mysuru District to direct the opposite party – Manager, Corporation Bank, Mysuru to pay Rs.10,000/- with interest, additional amount of Rs.15,000/- towards transportation charges and litigation cost Rs.10,000/-.
2.        It is the case of complainant that he has S.B. account No.520441029218407 with opposite party bank.  On 01.02.2019 the complainant has drawn Rs.10,000/- at about 10.15 AM in Vijaya Bank ATM, South India Paper Mill, Chikkayana Chatra, Nanjangud with his ATM Card No.5343950001340950, but he has not received money from ATM, only received message and receipt.  Immediately he went to the opposite party bank and enquired about the money transaction.  The opposite party told that you wait for three days then come and give complaint. Then the complainant has given complaint and approached the Manager many times, and to watch the CCTV footage.  The Manager told that he has received the money from ATM.   Hence, this complaint.
3.        Despite the service of notice, the opposite party remained absent and placed exparte.
4.        The complainant filed his affidavit evidence and produced two documents Exhibits P.1 and P.2 in support of his case. 
5.       We have heard the arguments of complainant in addition to his written brief and the points that would arise for determination are as under:-  

1. Whether the complainant proves that not receiving Rs.10,000/- from ATM  amounts to deficiency in service on the part of opposite party?
2.  Is complainant entitled to the reliefs sought for?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the affirmative;

Point No.2 :- Partly in the affirmative for the below;

:: R E A S O N S ::

7.         Point Nos.1 and 2:- The complainant submits that he has S.B. account with opposite party and by using ATM card went to draw Rs.10,000/- on 01.02.2019 at Vijaya Bank ATM, South India Paper Mill, Chikkayana Chatra, Nanjangud but he received only receipt and message not amount.  Therefore, complainant visited the opposite party bank and approached the Manager many times and gave complaint but Manager told that the he has received the amount from ATM.
8.          The complainant has produced copy of Vijaya Bank ATM slip Ex.P.1 and Complaint status Ex.P.2.  Ex.P.2 shows that the date of complaint is 12.02.2019, transaction date and time is 01.02.2019 10:15:08 AM and status shown as “claim on other bank rejected fully as successful transaction.”
9.         The opposite party despite the service of notice was proceeded exparte.  The opposite party would have chance to produce CCTV footage to show that successful transaction as the money was received by complainant.  Therefore, this Forum has to presume that the complainant has not received money though he received Ex.P.1 slip and message.  In case the complainant had received Rs.10,000/- there was no occasion for him to approach the opposite party and lodge complaint.  Therefore, the opposite party shall liable to pay Rs.10,000/- which is debited to his S.B.Account though he had not received the amount. 
10.      The complainant has asked Rs.15,000/- for approaching the opposite party.  But, the complainant has not produced any material to show that he has spent Rs.15,000/- and also the date on which he visited the opposite party bank.  The complainant is entitled for Rs.2,000/- for mental agony and harassment and Rs.1,000/- towards litigation cost. For the above reasons, we proceed to pass the following;       

:: ORDER ::

1. The complaint filed by D.Devashetty is partly allowed directing the opposite party to pay a sum of Rs.10,000/- to the complainant with interest at the rate of 10% p.a. from 01.02.2019 till payment.
2. It is further ordered that the opposite party shall pay a sum of Rs.2,000/- as compensation + litigation cost of Rs.1,000/- to the complainant within 45 days from the date of order.  Otherwise, it carries interest at the rate of 10% p.a. from the date of filing complaint till realization.
3. Furnish the copy of order to the complainant and opposite party at free of cost.

(Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Forum on this the 17^th October, 2019)