District Consumer Forum, Bokaro
Consumer Case No.-73 /2009
Ayodhya Mishra
R/o Qr. No.- 1838 Sector I/B, Bokaro Steel City, Bokaro. (Jharkhand)
Vs.
Branch Manager,
Bank of Baroda, Sector-IV Branch,
Bokaro Steel City.
Present-
S.M. Alam, President
Sri Vijay Bahadur Singh, Member
Shabnam Praveen, Member
Date of Judgment-24/12/2009
Date of Case filing-10/10/2009
-: Judgment:-
The complainant has filed the present case against the opposite party for refund of Rs. 15000/- wrongly debited in his account besides payment of Rs. 1000/- against litigation cost.
2 The complainant’s case in brief is that he is having a joint account with his wife in the opposite party Bank, account No. being 00140100006572 with ATM facility. The complainant withdrew Rs. 15000/- through his ATM Card on 05.01.2008. On the same day he again tried to withdraw Rs. 15000/- but could not succeed. But a total of Rs. 30000/- has been shown as debited from his account mentioned above as per the opposite party Bank Statement for the period of 01.01.2008 to 23.06.2008 a copy of which is available in the case records. The complainant took up the matter with the opposite party for refund of Rs. 15000/- but in vain. Hence this case.
3 Upon issuance of notice, the opposite party appeared and filed its written statement submitting therein that the complainant had withdrawn Rs. 15000/- through ATM on 05.01.2008 and Rs. 15000/- again on 06.01.2008 through ATM. Since the bank branch in question was under the process of transition to core banking system, the amount of Rs. 15000/- withdrawn on 06.01.2008 (being Sunday) was shown debited as on 05.01.2008. As such there has not been any deficiency and negligency by the opposite party and is therefore, not liable to refund the said amount to the complainant. The opposite party has prayed to dismiss this complaint petition.
4 We heard both the parties and perused the entire case records and documents filed on behalf of the parties. The opposite party has filed copies of On Line Financial Transaction Interface of Account Ledger Inquiry pertaining to the ATM transaction of the complainant which are available in the case records. On scrutiny of the same, it is observed that the amount of Rs. 15000/- was withdrawn by the complainant on 05.01.2008 at 12:07:19 and Rs. 15000/- withdrawn by the complainant on 06.01.2008 at 16:02:25 through his ATM Card. Since the opposite party Branch was under process of transition to core banking system, both the amounts withdrawn as above were shown debited on 05.01.2008 in the Banks Statement of Account for the period of 01.01.2008 to 23.06.2008. We agree in he above contains of the opposite party.
5 In view of the above we have arrived at the conclusion to hold that the opposite party has not been deficient and negligent in service towards the complainant. The opposite party is hence held not liable to refund the alleged Rupees 15000/-.
6 Under the facts and circumstances of the case, no merit is found in the complaint case and the same is dismissed accordingly hereby.
Member (lady) Member President