Chandigarh

DF-II

CC/236/2020

Daljit Singh - Complainant(s)

Versus

The Manager, Punjab National Bank - Opp.Party(s)

In Person

01 Jul 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	236/2020
Date of Institution	:	16.06.2020
Date of Decision	:	01.07.2021

 

                                       

                       

Daljit Singh S/o Sh Atma Singh,# 3322, Ground Floor, Sector 45-D, Chandigarh -160047. 

….Complainant.

Versus

1.     The Manager, Punjab National Bank, SCO 44-45, Sector 9-D, Chandigarh-160009.

2.     The Manager, Punjab National Bank, SCO 49, Sector 20-C, Chandigarh-160009.

3.     The Manager (Circle Office), Punjab National Bank, Bank Square, Sector 17, Chandigath-160017.

                                ...  Opposite Parties.

 

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-
	Complainant in person.
	Sh.Ajay Sepahia, Adv. for the OPs.

 

      

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that  he is a customer of Punjab National Bank, SCO 4445, Sector 90, Chandigarh-160009 having Saving Account No. 1488000101181834.  On 06.08.2019, he used the ATM machine of Punjab National Bank, Sector-18, Chandigarh and gave command to withdraw Rs. 12,000/-  but no money came out from the ATM machine.  He again gave command to ATM machine to withdraw Rs. 10,000/- and money did not came out in the second attempt also. Both these transactions remained unsuccessful whereas the amount of Rs.12,000/- and Rs.10,000/- were shown to be debited from his bank account. Thereafter, he apprised the Officers of OP No.1 regarding the fact that though Rs.12,000/-  was not come out of the ATM machine, but the same was shown to be debited from his account then they told him that they were helpless in this matter and he had to inform to PNB Customer Care No. 18001802222 or18001032222 and accordingly, he called the said numbers and the Customer Care Representatives firstly gave him 7 days time to answer and then asked him to wait for more time for refund of Rs.12,000/-. According to the complainant, he visited the OPs many times to resolve the issue but to no effect. Finally, he made a complaint for refund of Rs.12,000/- to OP No.1 and with a request to check CCTV footage or any other source to find out the following:-

1.   Whether money came out of the ATM?
2.   Since money did not come out of ATM, please check who has swallowed this money, whether any official has eaten this money?

                It has further been averred that the OPs have failed to resolve the issue despite his repeated requests/visits. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.    

2.         In their written statement, the OPs while admitting the factual matrix of the case has pleaded that the complainant used the ATM card for withdrawal of Rs.12,000/- and Rs.10,000/- respectively and after comparison of the record maintained by the ATM machine, an amount of Rs.10,000/- was credited in his account being unsuccessfully transaction and the second transaction of Rs.12,000/- was reported to be successful transaction.  It has further been stated that on receipt of the complaint, they have taken up the matter with the competent authority and after examining the record, it was observed that transaction of Rs.12,000/- was a successful one and necessary intimation received from the ATMCRC dated 23.03.2020 wherein it was specifically stated that the transaction dated 08.06.2019 debited amount of Rs.12,000/- was a successful transaction and claim stands rejected. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.         The complainant filed rejoinder to the written reply of the Opposite Parties controverting their stand and reiterating the averments as made in the complaint.
4.         We have heard the complainant in person and Counsel for the OPs and have gone through the documents on record.
5.         The case of the complainant is that on 06.08.2019 he operated the ATM machine of the OPs-Bank for withdrawal of Rs.12,000/- and Rs.10,000/- respectively but to his utter surprise, the amount of Rs.12,000/- and Rs.10,000/- were shown to be debited from his account but the same were not dispensed by the ATM machine and he requested the OPs many times to refund the Rs.12,000/- to him but the same has not been done so far and as such he is entitled to the reliefs as claimed in the complaint.
6.         On the other hand, it has been contended on behalf of the OPs that after comparison of the record maintained by the ATM machine, an amount of Rs.10,000/- was credited in the account of the complainant being unsuccessful transaction and the second transaction of Rs.12,000/- was reported to be successful transaction and as such the complaint is liable to be dismissed.
7.         After going through the documents evidence on file, we are of the considered view that the complaint is liable to be allowed for the reasons stated hereinafter. A copy of e-mail written by the Chief Manager, BO: Sector 9-D, Chandigarh to the Dy. Circle Head, PNB, IT Section, Circle Office, Chandigarh is relevant to decide the controversy in hand and the same reads as under:-

“To

The Dy. Circle Head

PNB, IT Section,

Circle Office

Chandigarh

 

Reg:           Disputed ATM transaction and case at consumer forum.

 

We have received a notice from district consumer disputed Redressal Forum 2, Consumer Case No.236/2020 (Daljit Singh), Account No.1488000101181834 Card No. 6070936159089959.

 

Disputed ATM withdrawal on 06/02019 of Rs.12000/- through ATM WRR6485/SCO 39/6/ Sector 18, Chandigarh.

As per EJ Log of transaction No. 6485 dt 06/08/2019

 

Transaction declined        A

Response Code                 112A

Uncertain Dispense A

Despite various reminders and mails sent to BOISG@pnb.co.in and ATMCHd@pnb.co.in , on 17/8, 20/8, 26/8 , 29/8 , 31-08-2020 and various communication to ITT) section circle office , till date Rs. 12000/- has not been credited in the account of the customer.

Matter is also taken up telephonically with concern officer at ITD Circle office but not dealt seriously.

In these circumstances consumer forum may imposed penalty on our branch due to non-refund transaction amount , which adversely affect image of our Bank and as well as financial loss to the Bank.

Therefore, you are requested to direct concern employee at yours for either refund or give justification in case of non-refund with the support of dealing employees at HO.

 

Chief Manager

BO: Sector 9-D,

Chandigarh

M:7527005124”

 

                A perusal of the aforesaid e-mail clearly reveals that the disputed ATM transaction was declined with response code 112A.  It has further been mentioned in the aforesaid e-mail that despite various reminders and mails to BOISG@pnb.co.in and ATMCHd@pnb.co.in on 17/8, 20/8, 26/8, 29/8 , 31-08-2020 and various communication to ITT) section circle office, till date Rs.12,000/- has not been credited in the account of the complainant. Besides this, the OPs have failed to place on record any reliable and tangible documentary evidence in the shape of EJ log to show that the disputed transaction was successful and the amount was actually dispensed to the complainant.   In case, the transaction was successful and the amount was dispensed by the ATM machine to the complainant, then there is no reason with the complainant to approach the OPs time and again and to knock the doors of this Commission by way of filing the instant complaint for redressal of his grievance. In this view of the matter, we are of the considered view that the Bank is liable to make good the loss suffered by complainant and has to pay Rs.12,000/- along with interest to him. Thus, the deficiency in service on the part of the OPs is proved.

8.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed with a direction to the OPs to refund Rs.12,000/- along with interest @ 7.5% from the date of the disputed transaction till its realization. Besides this, the OPs are directed to pay lump sum compensation of Rs.7,000/- to the complainant on account of mental agony and physical harassment as well as litigation expenses.
9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 01/07/2021	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER