STATE BANK OF INDIA Vs. OM PRAKASH SHARMA

JUDGEMENT

(1.) THIS order will dispose of two appeals i.e. FA No.273/2011 and FA No. 286/2011, since they have arisen from a common order dated 23.8.2011, passed in Consumer Complaint No. 52/2009 by the Ld. District Consumer Disputes Redressal Forum Kangra, H.P., whereby, the opposite parties No.1 and 2 were directed to pay Rs.35,000 to the complainant alongwith interest @ 10% per annum from the date of its withdrawal by someone else i.e. from 28.7.2008 till its actual payment. The complainant was also held entitled for the compensation to the tune of Rs. 25,000 for the mental pain, agony, harassment, inconvenience etc. having been suffered at the hands of the opposite parties and litigation charges to the tune of Rs. 5,000. Parties are hereinafter referred, as per their status in the complaint.

(2.) FACTUAL matrix of the case is that the complainant who is holder of A/c No. 65004357181 of State Bank of Patiala, Branch at Kangra was provided ATM facility on his aforesaid bank account of said bank and it had been averred in the complaint that on 29.7.2008, he was at Chintpurani, where he had used the ATM of State Bank of India to withdraw some amount, but at that time, the attempt was not successful, on inquiry, the authorities of the bank told the complainant to contact the concerned branch at Kangra.

(3.) FURTHER averments in the complaint are that on 5.8.2008, when the complainant tried to withdraw the cash, he came to know that on 29.7.2008, the ATM at Chintpurani had shown four transactions of Rs. 20,000, Rs.5,000, Rs. 5,000 and . Rs. 5,000 whereas, no such withdrawal was made by the complainant or. 29.7.2008. Upon this, a written complaint was made on 5.8.2008 to the OP No.1, but no action was taken to redress the grievances of the complainant, and the opposite party No.1 failed to render the proper services.