Location/place: Meerut, Uttar-Pradesh
Name of company/service: Indian Overseas Bank & State Bank of India
Consumer Forum Helpline Reference No 283597, Dated 12.05.11
In the Court of District Consumer Forum, Meerut
Case No. /2012
1. Shri Sachin Kumar Sharma S/o Shri Hari Shanker Sharma, House No. D-74, Ganga Nagar, Mawana Road Meerut (U.P.) …………….Petitioner
Vs
1) Shri M. Narendra, Chairman & Managing Director, Indian Overseas Bank, Central Office, Post Box No 3765 Anna Salai, Chennai – 600002.
2) Shri P. C. Kudaisya, Chief Regional Manager, Indian Overseas Bank, LIC Building, Mangal Pandey Nagar, Opp Chaudhary Charan Singh University, Meerut (U.P.)-250005
3) Shri Arun Kumar Shrivastava, Branch Manager, Indian Overseas Bank, Police Line Branch, Civil Line, Meerut
4) Shri Pratip Chaudhary, Chairman, State Bank of India, State Bank Bhavan, IVth Floor, Nariman Point, Mumbai – 400021.
5) Shri P Shankar, D. G. M., State Bank of India, Zonal Office, Garh Road, Meerut (U.P.)
6) Shri Ramesh Chandra, Branch Manager, State Bank of India, Kutchery Branch, Western Kutchery Road, Meerut (U.P.)
…………Opposite Parties
Sir,
Petitioner submitted as under:-
1. That the applicant applied for saving bank account in SBI, Kutchery Branch (02401) in February 2008. The O.P., allotted him A/c No. 30350038907 on dated 17.03.08.
2. That the applicant is a government servant & posted at Meerut. On dated 07-01-10 at 18:50 the applicant used his SBI Debit Card 6220180240100082884 at the ATM of Indian Overseas Bank, Branch Police Line Meerut, ATM ID: IOBD9526, REF No: 000704771215, during this transaction the amount of Rs 10000.00 deducted from the applicant A/c but Cash didn’t delivered by ATM machine at that time.
Cont………2
3. ATM Machine Display Unit & Receipt show clearly that Rs. Not Available at that time, same problem was occurred by the another person who was standing there & used that ATM Machine after the applicant.
4. That the applicant visited & complaint to the IOB Police Line branch on dated 08.01.10 but the Branch Manager Mr Arun Kumar Shrivastava told, that he can’t do anything & your problem will be solved by your own branch & you have to contact them, you are wasting my time.
5. Then applicant visited & complaint to the SBI, Kutchery Branch (02401) on dated 08.01.10 then Branch Manager Mr A P Saxena send him to complaint attendant (Mrs Unknown) to solve the problem but she told him that your problem will be solved within a week & amount will be credited in your account.
6. After one week on dated 15.01.10 the applicant visited & complaint again to the SBI, Kutchery Branch (02401) then Branch Manager Mr A P Saxena told him that you have to contact IOB police line branch they will solve your problem by checking their cashbook.
7. Then the applicant visited & complaint again to the IOB Police Line branch on dated 15.01.10 but the Branch Manager Mr Arun Kumar Shrivastava told him again that he can’t do anything & your problem will be solve by your own branch & you have to contact them, you are wasting my time.
8. Then the applicant lodged a complaint on customer care no 1800112211 on dated 15.01.10 by complaint No AT429236921, and SBI customer care executive told him that your problem will be solved within a week, after that when he talked again than customer care executive told that his amount will be credited in his account through kutchery branch and you have to contact them.
9. After that the applicant again lodged these complaint on customer care no 1800112211 ———–
a) AT 4292520492 on dated 20.09.10
b) AT 4292958933 on dated 21.01.11
c) AT 42921061157 on dated 17.01.11, Time to time but to till date the applicant
didn’t receive any result from SBI Bank & Branch side about these lodge complaints.
10. That the amount deducted from the applicant account is false & is prepared with mollified intention to get undue benefit from the applicant. The applicant’s belong to a reputed family and by this irresponsible and arbitrary action by IOB & SBI Banks, the applicant suffered a great mental tension while the applicant didn’t receive that amount& there was no fault of the applicant.
11. That the applicant demanded information from the CENTRAL ASSISTANT PUBLIC INFORMATION OFFICER, Branch Manager, SBI, KUTCHERY-02401, Meerut through the application under Right To Information Act 2005 on dated 21.03.11 & reminder on dated 21.04.11 regarding the re-credit the customers account & give him the copy of recorded video (In C.D.) of the ATM ID: IOBD9526 of date 07.01.10 at the time duration of 18:30 to 19:00. but no video
Cont……….3
given after receiving the above mention notice to till date.
12. That the above mentioned department sent no any satisfactory information regarding the above mention representation to till date. The applicant sent many notice to Branch Manager, SBI, KUTCHERY, Customer Care Manager SBI, Regional Office, Garh Road, Meerut, through Post & Emails regarding the above mentioned matter but no information, video and papers given after receiving the above mention notice to till date.
13. After so many correspondence & emails On dated 26.04.11 Branch Manager, SBI, KUTCHERY, send a reply with enclose the copy of J.P.Log / E.J.Log & letter received from the IOB Bank, there is clearly mention that SBI bank/branch didn’t claim for charge back, but the applicant have already lodge a complaint on dated 08.01.10 & 15.01.10., there is clearly mention another thing that *668*18:50:20 COM ERROR: 0000001D 200018 was occurred in copy of J.P.Log / E.J.Log, during my transaction & after my transaction next transaction was also invalid, which is showing clearly that my transaction was a failed transaction, because before this transaction there is no any COM ERROR. As well as he also requested for the copy of recorded video (In C.D.) of the ATM ID: IOBD9526 of date 07.01.10 for the time duration of 18:30 to 19:00, that video will clear the whole doubts about this transaction, that it was right or wrong, but no information & video given after receiving the above mention notices to till date.
14. That the bank illegally deducted the amount from the applicant account and when the applicant tried to know on what basis amount deducted, there was no information given to the applicant regarding the above mentioned matter. The applicant also lodged a complaint on Consumer Forum Helpline No 1800114000 on dated 12.05.11 Reference No 283597 & service executive advise him to send the notice to The Nodal Officer (Deputy General Manager) State Bank of India, Customer Service Department Personal Banking BU, State Bank Bhavan, IVth Floor, Nariman Point, Mumbai 400 021 through Post regarding the above mentioned matter, but no any information and papers given to the applicant after sending the above mention notice to till date.
15. After that on dated 10.07.11 the bank illegally deducted Rs 50.00 & Rs 100.00 amount from the applicant account and when the applicant tried to know on what basis amount deducted, there was no information given to the applicant regarding the above mentioned matter, although the applicant didn’t make any recharge/topup to any mobile number. The applicant requested many time to the branch & regional office of the bank, but no action was taken regarding this matter to till date.
16. That the applicant suffered a great loss by the illegal action of the both banks and suffered a mental agony by visiting the SBI Kutchery Branch office, IOB Police line Branch office, SBI, Regional Office, Garh Road, Meerut, IOB Chief Regional Manager Office, M P Nagar, Meerut, Post offices, Cyber-Cafes etc, since 07.01.2010 & it became a very long time but no relief was given to the applicant, so the applicant also suffered a social insult by the illegal action of the above noted opposite parties. Cont……………..4
17. That the applicant is unable to understand that what enquiry done by bank nodal officer if he didn’t see the recorded video & ATM Machine’s Receipt which is showing that RS. NOT AVAILABLE & *668*18:50:20 COM ERROR: 0000001D 200018 was occurred in copy of J.P.Log / E.J.Log, it may be possible that bank staff of Indian Overseas Bank do the manipulation in access cash which didn’t mentioned in cash book & Indian Overseas Bank told that there was no any cash access. If the applicant didn’t receive the money, then how this transaction can be success? Please explain.
18. That the opposite parties are liable to be punished for doing deficiency in service against the applicant and failed to perform its duties.
That the applicant prayed for relief as under:-
1. That the degree of compensation of Rs 50000/- (Rs Fifty Thousand) be passed by the court in favour of the petition against opposite parties for harassment and mental agony caused to the applicant by opposite parties due to illegal action.
2. That the amount of Rs 10150/- (Rs Ten Thousand One Hundred Fifty) which was deducted from the applicant saving bank account on dated 07.01.10 & 10.07.11 due to illegal action of the opposite parties be refunded.
3. That the penalty of Rs 88000/- (Rs Eighty Eight Thousand) for doing deficiency in service under Consumer Protection Act be granted.
4. Legal & other expenses are granted.
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