STATE BANK OF INDIA THROUGH ITS MANAGER, HAWA SARAK,SADOLA JAIPUR RAJASTHAN Vs. MANGILAL MANGAL & ANR.

JUDGEMENT

(1.) This revision petition has been filed by petitioner against order dated 23.05.2013 passed by the State Commission in Appeal No. 52/2011 Mangi Lal Mangal Vs. State Bank of India & Ors. by which, while allowing appeal order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that complainant-respondent no. 1 was maintaining Saving Bank Account with Opposite Party No. 1 petitioner and complainant also got issued ATM card. On 22.03.2009, complainant-Respondent No. 1 swiped his ATM card in ATM of Opposite Party No. 2/Respondent No.2 to withdraw Rs.15,000/-, but no cash was dispensed and only slip was received with remarks "unable to process". On next day, when complainant again went to withdraw amount from his account, he found debit entry of Rs.40,000/- as withdrawn on 22.03.2009 whereas he has not withdrawn this amount from ATM. Complainant approached Manager of Opposite Party No. 2, who wrote a letter to Opposite Party No. 1 intimating that amount has not been received by complainant so amount may be credited in his account. Later on matter was reported to Mumbai office of Opposite Party No. 1 from where Rs.40,000/- along with interest was credited in complainant's account, but later on Rs. 40,000/- were debited from his account. Alleging deficiency on the part of the Opposite Parties complainant filed complaint before the District Forum. The Opposite Party No. 1 resisted complaint and submitted that as per bank record Rs.40,000/- were withdrawn by complainant from ATM of Opposite Party No. 2. It was further submitted that as per instructions from ATM Service Centre Mumbai, Rs.40,000/- along with Rs. 1870/- as interest was credited in complainant's account, but later on Rs.40,000/- was kept on hold. It was further submitted that on 23.03.2009, no balance was found in ATM. Denying any deficiency on their part, prayed for dismissal of complaint. Opposite Party No. 2 resisted complaint and submitted that complainant has withdrawn Rs.40,000/- from their ATM and transaction was successful and letter dated 22.03.2009 was written on the basis of allegations of complainant and prayed for dismissal of complaint.

(3.) Ld. District Forum after hearing both the parties dismissed the complaint. Appeal filed by the complainant was allowed by the Ld. State Commission vide impugned order and Opposite Party No. 1 was directed to refund Rs.40,000/- with 6% per annum interest and further directed to pay Rs.20,000/- towards mental agony and Rs.5,000/- towards damages, against which this revision petition has been filed.