DIST. CONSUMER  DISPUTES  REDRESAL  FORUM

NORTH 24 Pgs., BARASAT.

                                        C. C.  CASE  NO. 216/2015

   Date of Filing:                 Date of Admission                Date of Disposal:

    31.03.2015                     20.04.2015                       31.08.2015                       

Complainant/s                                 = Vs. =                           O.Ps.

Sri Ranjan Debnath,                                              1.        The Manager, SBI Bank,

S/o. Late Krishna Sundar Debnath,                               Nehru Market Branch,

7/2, Malapara,                                                                    180/4, East Kapte Para Road,

P.O. Athpur,                                                                        P.O. Shyamnagar,

Pin- 743128,                                                                                   Pin- 743127.

 North 24 Parganas.                                              2.        The Branch Manager,

                                                                                                Punjab National Bank of

                                                                                                Aucland Jute Mill,

                                                                                                P.O. + P.S. Jagaddal,

                                                                                                Pin-743125.

J U D G E M E N T

Facts of the case, in short, is that the O.P. Nos. 1 and 2 are the reputed bank in our country and they are running their business with good reputation and the complainant is the consumer under the O.Ps.

The complainant stated that on 07.12.14 at 08: 30 P.M the complainant went to an ATM of PNB to Check an account balance by using the ATM card vide No. 6220180515400052863 which was issued by the SBI, Nehru Market Branch out of SBI S/B A/c. No. 31564148571.

The complainant further stated that the complainant was failed in the attempt to check the balance in the ATM of PNB, the complainant when attempt to check the balance to insert card in the machine but unfortunately the machine did not work. So, the machine could not provide him any kind of slip.

The complainant further stated that the complainant went to update his pass book on 16.12.14 then he noticed that Rs. 5,000/- wad debited from his S.B A/c. No. 31564148571 through ATM of PNB. But he did not get any money or any receipt from ATM of PNB.

Dictated and corrected                                                                             Contd. …. 2/-

C. C. Case No.-216/2015

- :: 2 :: -

The complainant also stated that the complainant informed the said matter to the O.P. No.1 on 17.12.14 and 29.12.14 primarily they assured the complainant that they will refund the said amount or transfer the same amount to the complainant’s account but ultimately the O.P. No.1 failed to address the complainant’s grievance although the O.P. No.1 pointed out a some anomalies accrued in the transaction.

The complainant further stated that the complainant approached to the RBI banking ombudsmen who did not give any verdict in the matter but advised the complainant approached any other authority under law for redress of grievances.

The complainant also stated that the complainant appealed before the Assistant Director of C. A and F.B.P, Barrackpore Regional office for disposal the dispute and after Barrackpore Office noticed the complainant and the O.Ps for hearing the matter and on 17.03.15 one tripartite hearing was held in the Barrackpore office but both the O.P were not present.

The complainant further stated that the acts and activities of the O.Ps are the glaring example of unfair trade practice and the complainant is of firm belief that the O.Ps with its men and agents are playing a foul game in a very clandestine manner with the complainant. Hence the complaint.

The O.Ps did not turn up to contest the case.  

Point for Decision:-

Whether the complainant is entitled to get any relief as prayed for?

Decision with Reasons

The complainant has filed the copy of letter which the complainant sent to the O.Ps after he allegedly cheated by the O.Ps.

In this regard we want to rely on a decision reported in 2015 (1)CPR 143(NC) wherein it has been held that ‘without knowing PIN it is not possible for a third person to withdraw any cash through ATM even if he is able to clone ATM /debit card issued to customer, even then we find that after complainant lodged Rs. 5,000/-, the complainant informed O.Ps about the same. But O.Ps did not send any reply.

Dictated and corrected                                                                             Contd. …. 3/-

C. C. Case No.-216/2015

- :: 3 :: -

It appears that the complainant also tried to mediate the matter through Assistant Director of C.A and F.B.P, Barrackpore Regional Office, but the O.Ps did not turn up there.

In view of that, we have no hesitation to hold that the complainant is entitled to get back Rs. 5,000/- from the O.Ps. But we are not inclined to allow any compensation in favour of the complainant.

 Hence

Ordered,

                                             that the complaint be and the same is allowed exparte against the O.Ps.

O.Ps are directed to pay Rs. 5,000/- also litigation cost of Rs. 3,000/-to the complainant within 15 days from the date of this order,failing which O.Ps shall have to pay sum of Rs 100/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the O.Ps in this State Consumer Welfare Fund.

Let copies of the order be supplied to the parties free of cost when applied for.

Member                                                                                                         President

Dictated & Corrected by me.