Delhi

West Delhi

CC/15/106

Kishan Singh - Complainant(s)

Versus

Union Bank of India - Opp.Party(s)

15 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

 

CASE NO.  106/2015

SH. KISHAN SINGH

S/o LT. SH. PURAN SINGH

R/o FLAT NO. 277, C.A. APARTMENTS,       

PASCHIM VIHAR, NEW DELHI-110063.                                      …..Complainant

VERSUS

UNION BANK OF INDIA

B-2/15, PASCHIM VIHAR,

NEW DELHI-110063.

THROUGH ITS BRANCH MANAGER…..Opposite Party-1

 

DEPUTY GENERAL MANAGER

REGIONAL OFFICE, DELHI-NORTH

UNION BANK OF INDIA

334/350, KHAZOOR ROAD, NEAR JOSHI ROAD,

NEW DELHI-110005

THROUGH ITS BRANCH MANAGER…..Opposition Party-2

 

O R D E R

 

 

PUNEET LAMBA, MEMBER

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986. The brief facts as alleged are that the complainant is having the saving account with OP-1 and is also availing ATM/Debit Card facilities issued by OP-1. On 14.07.2013 complainant tried to withdraw a sum of Rs. 20,000/- from the ATM of OP but the transaction was not successful. The complainant had visited other ATM of other banks B-2, Paschim Vihar, New Delhi but all the ATM was out of order. Thereafter, the complainant withdrew Rs. 20,000/- from the ICICI Bank A-3, Paschim Vihar Market, New Delhi but when the complainant got his passbook updated from OP he was shocked that besides Rs. 20,000/- which was withdrawn from ICICI Bank, also a sum of Rs. 20,000/- was debited illegally from his account. The complainant approached the officials of OP and informed that Rs. 20,000/- was not disbursed on 14.07.2013 and requested to refund the wrongly debited amount but no steps were taken by the OP to redress the grievances of the complainant. Again, the complainant wrote a letter to OP to redress his grievance but the OP informed on 14.10.2013 that the transactions was successful as amount was legally debited from his account. The OP has also not provided the footage as it was not available with them. The complainant approached OP several times but to no effect. Hence, the present complaint for directions to OP to refund Rs. 20,000/- alongwith the interest @18% p.a. from 14.07.2013 till realization and a sum of Rs. 1,97,000/- for the compensation on account of mental, agony, physical harassment and litigation charges.  

After notice OPs appeared and filed reply taking preliminarily objection that there is no cause of action against the OPs and the complainant has concealed the material facts from the forum and prayed for the dismissal of the complaint. On merits, it is averred that the complainant used the ATM Card negligently and without cancelling the transaction left the ATM which resulted in withdrawal of Rs. 20,000/- from his account. It is averred that as per the record the transaction was successful and the OP has diligently replied to the queries of the complainant and prayed for the dismissal of the complaint.

The complainant filed rejoinder to the reply of OPs reiterating the facts taken in the complaint and controverting the stand taken by the OPs.

When the parties were asked to lead evidence, the complainant filed affidavit testifying the contents of the complaint on oath and relied on passbook statement, copy of letters dated 02.08.2013, 07.10.2013, 14.10.2013, 21.10.2013, 10.11.2013, 14.11.2013, 20.11.2013, 08.01.2014, 10.06.2014 and copy of terms and conditions of debit card. OP also filed affidavit of evidence of Sh. Ram Vir Singh Arya S/o Sh. Siya Ram Arya, Branch Manager reaffirming the contents of the reply and rebutting the allegations of the complaint. No documents filed by the OP.

We have heard counsel for parties and we have gone through the material carefully and thoroughly.

The case of complainant is that a sum of Rs. 20,000/- was illegally debited from his account by the OP as he has not received the amount from the ATM on 14.07.2013. Though his transaction was successful from another ATM. The OPs contention that they have legally debited the amount as the transaction had shown successful as per JP Log, but this is not substantiated with any documents. The mere contention of OP that the transaction was successful as per JP Log, without any iota of evidence does not suffice and is not tenable.  Therefore, we are of the considered view the OP is deficient in services by debiting a sum of Rs. 20,000/- illegally.

Keeping in view of above observations and discussion, we direct OP to refund a sum of Rs. 20,000/- and we also award a sum of Rs. 5,000/- towards mental, agony, physical harassment and litigation charges.

File be consigned to Record Room.

          Copy of order be given as per the rules.

          Announced this ________15TH________ February, 2019. 

 

(PUNEET LAMBA)                                                                               (K.S. MOHI)

     MEMBER                                                                                       PRESIDENT