Case nº Revision Petition No. 3118 Of 2014, (Against the Order dated 26/02/2014 in Appeal No. 263/2013 of the State Commission Chhattisgarh) of NCDRC Cases, February 13, 2015 (case 1. Branch Manager, Punjab National Bank 2. Nirmala Patel 3. Branch Manager, Axis Bank Vs Jairam Patel and Ors.)
| Judge | For Appellant: Mr. Ajay Shanker, Advocate and For Respondents: In Person and Ms. Pallavi Deepika, Advocate with Mr. Rohit Prakash, Auth. Rep. |
| President | Mr. J.M. Malik, Presiding Member |
| Resolution Date | February 13, 2015 |
| Issuing Organization | NCDRC Cases |
Order:
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Learned counsel for the petitioner present. Shri Jairam Patel, respondent No. 1 is present for himself and his wife, Mrs. Nirmala Patel. Ms. Shri Rohit Prakash, Deputy Manager, Axis Bank is present.
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There is delay of 43 days in filing the revision petition. Learned counsel for the petitioner has moved an application for condonation of delay in filing the revision petition. For the reasons mentioned in the application, the delay is condoned. The application for condonation of delay stands disposed of.
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The facts of this case are these. Smt. Nirmala Patel is having saving bank account with Punjab National Bank, opposite party No. 1. She was also having ATM card issued by opposite party No. 1-Punjab National Bank. Shri Jai Ram Patel, her husband, made an attempt to withdraw a sum of Rs.2,000/- through ATM centre of Axis Bank situated at Bharonda Chowk, Mahasamund. However, he could get a sum of Rs.1000/- only through ATM centre and he received a receipt from the ATM Centre showing that a sum of Rs.2,000/- has been withdrawn from ATM centre. Consequently, Smt. Nirmala Patel lodged a written complaint with the Branch Manager, Punjab National Bank, Branch Mahasamund, opposite party No. 3. The opposite party No. 3 instructed Smt. Nirmala Devi/complainant No. 2 to lodge a complaint on Toll Free
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Number i.e. 1800 180 2222. Smt. Nirmala Patel lodged a complaint before the Branch Manager, Axis Bank but both the banks did not pay any heed to her complaint. Consequently, a complaint before the District Forum was filed. It is noteworthy that Axis Bank did not contest the case before the District Forum. Punjab National Bank objected that since ATM card was used by Shri Jai Ram Patel and not by Smt. Nirmala Patel, therefore, guidelines and directions issued by the Bank were violated. It is contended that Punjab National Bank has no responsibility and Axis Bank is responsible for the same.
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The District Forum passed the following order:
(a) Opposite party No. 1 & 2 shall pay to the complainants deficient amount of Rs.1000/- (one thousand rupees) received from the ATM along with interest @ 6% per annum...
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