Case nº Revision Petition No. 192 of 2016 of National Consumer Disputes Redressal Commission, February 04, 2016 (case 1. Bank of Maharashtra & 2 Ors., Through Zonal Manager For Punjab & Haryana Zonal, 2. Zonal Manager, 3. Branch Manager Vs Mrs.Sukhwinder Kaur)

JudgeFor the Petitioner: Mr. B.P. Singh and Mr. Abhishek Singh, Advs.
PresidentMr. V.K. Jain, Presiding Member
DefenseConsumer Law
Resolution DateFebruary 04, 2016
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

  1. The complainant opened a saving bank account with the petitioner bank on 25.04.2011. The case of the petitioner bank is that at the time of opening the account a kit containing cheque book, ATM/Debit Card as well as ATM Pin was delivered to the complainant. The case of the complainant on the other hand is that neither she applied nor was she issued ATM/Debit Card or any ATM Pin.

  2. There were four withdrawals for a total sum of Rs.23,000/- made from the account of the complainant using the ATM Card alleged to have been issued to her. The complainant however disputed the aforesaid transactions claiming that she had not made the aforesaid withdrawals. She also reiterated that since no ATM Card had been issued to her, there could be no question of withdrawal from her bank account. Since the bank declined to credit back to the aforesaid amount, the complainant approached with the concerned District Forum by way of a complaint.

  3. The complaint was resisted by the bank primarily on the ground that the ATM/Debit Card as well as ATM Pin were issued to the complainant along with a cheque book and she had received a kit containing all these documents/articles under her own signatures.

  4. The District Forum vide its order dated 09.07.2011 directed the petitioner bank as under:-

    [a} To pay interest @6% per annum on Rs.23,000/- since 22.10.2013 till the same is reversed in her account after the investigations.

    [b] To pay Rs.15,000/- to the complainant as consolidated amount of compensation for causing mental agony and harassment on account of deficiency in service.

    [c] To pay Rs.7,000/- towards litigation expenses to the complainant.

  5. Being aggrieved from the order passed by the District Forum, petitioner bank approached the concerned State Commission by way of an appeal. The said appeal having been dismissed vide the impugned order dated 07.10.2015, the petitioner is before this Commission by way of this revision petition.

  6. The main question which arises for consideration in this case as to whether any ATM/Debit Card was issued to the complainant or not. The case of the petitioner bank is that while delivering the aforesaid articles to the complainant they had obtained her signatures on a ledger containing the account number as well as ATM/Debit Card number linked to the said account. I have perused and compared the signatures against...

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