HARJIT SINGH Vs. THE PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THE complainant/petitioner, who claims to be a carpenter by profession had savings bank account with State Bank of Patiala, Branch Bassi Pathana, District Fatehgarh Sahib, Punjab. He was accorded the facility of withdrawal through ATM and for this purpose an ATM card was issued to him by the said bank. According to the complainant/petitioner, on 06 -07 -2012 he along with a friend namely Surjit Singh went to the ATM booth of the opposite party No. 1 -Punjab National Bank at Mohali for withdrawing a sum of Rs. 5,000/ -. After he had inserted the ATM card inside the machine, an unknown person entered the ATM booth. The aforesaid person offered to help the complainant in withdrawing cash through the ATM. In good faith, the complainant took his help. It is stated in para 7 of the complaint that the aforesaid person helped the complainant in withdrawing Rs. 5,000/ - in four attempts. The first transaction was blank and he handed over the blank statement to the complainant, with an apology that he had forgotten to enter the amount. Then two attempts were made for withdrawing Rs. 2,000/ - and Rs. 3,000/ - respectively. After that the aforesaid person handed over the cash and asked the complainant to check the amount of Rs. 5,000/ - which had already been withdrawn. While the complainant was counting the cash the aforesaid person deceitfully changed the ATM card of the complainant by another similar card.

(2.) ALLEGING deficiency in service on the part of the Punjab National Bank by not deploying a guard outside the ATM booth, the complainant approached the concerned District Forum seeking refund of the amount of Rs. 3,42,000/ - which was withdrawn from his account along with interest on that amount at the rate of 12% per annum. He also sought compensation amounting to Rs. 15,00,000/ - and cost of litigation amounting to Rs. 25,000/ -.

(3.) THE District Forum vide its order dated 11 -09 -2013 directed the Punjab National Bank to refund the amount of Rs. 3,42,000/ - to the complainant, along with interest on that amount at the rate of 9% per annum. The bank was also directed to pay Rs. 10,000/ - as compensation and Rs. 5,000/ - as cost of litigation, to the complainant.