D.O.F:27/12/2019
D.O.O:17/08/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No.262/2019
Dated this, the 17th day of August 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Kamalaksha. K
Sri. Manjunatha Compound
Kotekani Road Kasaragod : Complainant
And
The Manager
The Kasaragod District Co- Operative Bank : Opposite Party
Kasaragod Main Branch Kasaragod – 671121
(Adv: P.V. Chandrashekaran Nair & Vijayan Kodoth)
ORDER
SMT.BEENA.K.G: MEMBER
The complainant Sri.Kamalakha.K has done ATM withdrawal on 17/08/2019 from ATM counter at Hoodi, Bangaluru. There were 2 ATM machines in the centre and the complainant tried to withdraw a sum of Rs. 5000/- in the first machine but the request was refused with reason shown that the PIN used by him is not correct. So he tried to withdraw from the second machine the same amount mentioned above and again was refused by ATM machine and was tried less or amount of Rs. 2500/-. So he once again done withdrawal procedure on the same day at 3.29pm for a sum of Rs. 2500/-. The complainant submitted e-mail complaint regarding upon receipt of Rs. 5000/- to the manager of Opposite Party bank, but no reply received from their part. After filing this complainant, the complainant sent a letter to M/s Tata communications demanding proof of the facts stated above and to that effect postal receipt also issued to him but no reply or no proof received. Therefore the complainant prays for the refund of Rs. 5000/- with compensation and cost.
The Opposite Party filed version stating that the complaint is false frivolous vexatious and not maintainable in law or facts and is liable to be dismissed. It is admitted that the complainant is an SB account holder with account number 150011200401747 of Opposite Party and had done ATM withdrawal procedure on 17/08/2019 at in ATM centre Hoodi near bus stand Bangaluru. Opposite Party further admits that the complainant tried to withdraw a sum of Rs. 5000/- from the ATM machine but it is refused to dispense cash with reason showing that the PIN used by the complaint was not correct. Opposite Party further admits that the complainant tried to withdraw cash from second machine in the centre for the same amount and again refused and advised to tried for lesser amount. Opposite Party again admitted that the complainant try for the withdrawal of Rs. 2500/- on 17/08/2019 and the ATM machine dispensed with the cash. Opposite Party admitted that the bank debited from complainants account Rs. 5000/- and Rs. 2500/- respectively as among were dispense him by the ATM Machine, Opposite Party further admitted that complainant lodged a complaint to the Opposite Party bank. The complaint was referred to national payment corporation of India through Federal bank who is sub member acting for the Opposite Party bank. The Opposite Party bank was taken action for redressing the complaint on 20/08/2019 charge back claimed by Opposite Party bank which was rejected on 22/08/2029 again on 26/08/2019 Opposite Party bank had sent it for arbitration which was rejected on 10/09/2019 and again on 30/09/2019. The Opposite Party bank sent it for arbitration and after elaborate enquiry the national payment corporation found that the ATM transaction done by complainant on 17/08/2019 was a successful transaction and an amount of Rs. 5000/- was dispensed to him. So the allegation of the complainant is false and without any merit. Therefore the complaint is dismissed with cost.
The complainant filed proof affidavit in lieu chief examination and was cross examined by the Opposite Party’s counsel as PW1 Ext A1 to A5 marked. Even though Opposite Party filed affidavit no cross recorded. Both sides heard and documents perused.
The question raised for the consideration are:-
1. Whether there is any deficiency of service on the part of Opposite Party bank?
2. Whether the complainant is entitled for relief?
3. If so what is the relief?
For convenience issue No: 1,2, and 3 can be discussed together.
The grievance of the complainant is that he has done ATM withdrawal procedure on 17/08/2019 at 3.23 Pm at Hoodi Bangaluru. The complainant tried to withdraw a sum of Rs. 5000/- in the first machine and request was refused with reason shown that PIN used by him is in correct. Then he tried to withdraw in second machine for the same amount and again refused and advised to try for a lesser amount.(There limit was Rs. 2500/- for drawl) . The complainant once again done withdrawal procedure on the same day at 3.29pm for a sum of Rs. 3500/- and immediately received the amount. The grievance of the complainant is that Opposite Party bank debited Rs. 5000/- and Rs.2500/- from the account of the complainant. The complainant produced the statement of account for the period of 01/08/2019 to 24/12/2019 is marked as Ext A1, the g mail copy of the details of disbursement of cash from ATM Dt 19/08/2019 is marked as Ext A2, g mail copy of the disbursement of cash from ATM Dt: 20/08/2019 is marked as Ext A3, postal receipt is marked as Ext A4 and the copy of complaint given by the complainant to Opposite Party is marked Ext A5. On 17/08/2019 as per Ext A1 there are two deductions viz Rs. 5000/- and Rs. 2500/- from the complainants account. But the complainant received only Rs.2500/- he did not receive Rs. 5000/- from the first machine as PIN used by him is not correct.
We carefully gone through the deposition of the complainant before the commission and documents produced by him, and the affidavit and version filed by Opposite parties. But the Opposite Party witness was not cross examined by the complainant’s counsel. Considering the circumstances of this case and materials on record we are of the view that Rs. 5000/- disbursed from the complainant account is not received by him and the complainant is entitled to get the amount and his loss and agony, to be compensated by Opposite Parties. Therefore the complaint is allowed directing opposite party to pay Rs.5000/- with compensation along withcost.
Hence the complaint is allowed directing Opposite party to pay Rs. 5000/- (Rupees Five thousand only) with compensation of Rs. 3000/- (Rupees Three thousand only) and cost of Rs. 2000/- . (Rupees Two thousand only)
Time for compliance is 30 days from the date of receipt of copy of the order.
Sd/- Sd/- Sd/-
MEMBERMEMBERPRESIDENT
Exhibits
A1- Statement of account
A2- Non disbursement of cash from ATM Dt: 19/08/2019
A3- Non disbursement of cash from ATM Dt: 20/08/2019
Witness Examined
Pw1- Kamalaksha.K
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
