R.S. Sharma, President:
1. This order will govern disposal of Appeal No .FA/13/263 as well as Appeal No. FA/13/266, which have been preferred respectively by the O.P.No.1 and 3 / Punjab National Bank and O.P.No.2 / Axis Bank of the Complaint Case No.29/2011 against the order dated 07.03.2013, passed by District Consumer Disputes Redressal Forum, Raipur (C.G.) (henceforth œDistrict Forum? for short), whereby the complaint filed by the complainants, has been allowed in part, and directed the O.P. No.1 and O.P.No.2 to pay a sum of Rs.1,000/- to the complainants, along with interest @ 6% p.a. from the date of filing of the complaint i.e. 27.10.2010 till date of payment, within a period of one month and also pay Rs.100/- per day as per Circular towards compensation from 07.11.2010 till date of payment as well as Rs.2,000/- as cost of litigation to the complainants. For the purpose of convenience, hereinafter in this order, the parties will be referred as per their original nomenclature in the complaint case. The original of this order be retained in the file of Appeal No.FA/13/263 and its copy be placed in the file of Appeal No. FA/13/266.
2. The case of the complainants before the District Forum was that Complainant no.2, Smt. Nirmala Patel, is having saving bank account in O.P.No.1 / Bank bearing account No.2150000400036948. She obtained A.T.M. Card from O.P.No.1/Bank bearing No.5048848888016935866. The complainant No.1 is husband of the complainant No.2. On 27.10.2010, the complainant No.1, Jairam Patel has withdrawn a sum of Rs.2,000/- through ATM Centre of the O.P.No.2 Bank situated at Baronda Chowk, Mahasamund, but the complainant no.1 could only receive a sum of Rs.1,000/-. On the converse receipt issued by the ATM Centre the amount mentioned was Rs.2,000/-. Complainant No.2 lodged written complaint before O.P.No.3/Bank and also before O.P.No.2/Bank. The O.P.No.3 instructed the complainant no.2 to lodge complaint in Toll Free No.18001802222. On 27.10.2010 and 28.10.2010 the complainants made written complaint before the Branch Manager, Punjab National Bank, Branch Bagbahra, Branch Manager, Axis Bank,Mahasamund and Branch Manager, Punjab National Bank, Mahasamund, but both the Banks did not give any response on the complaint made by the complainant. The complainants filed consumer complaint before the District Forum.
3. O.P.Nos.1 and 3/Punjab National Bank filed their reply and pleaded that ATM card was issued to the complainant No.2 Smt. Nirmala Patel, but it was being used by the complainant No.1 Jairam Patel. The complainant No.2 violated the guidelines and directions issued by the Bank. The ATM card had delivered the amount which was directed by the person, who used the ATM Card and the complainants received the full amount. Had the complainants received a sum of Rs.1,000/- instead of Rs.2,000/- then the responsibility is on Axis Bank and Punjab National Bank, has no responsibility and it was not responsible for paying any compensation to the complainants and Circular dated 27.05.2011 is not applicable in the instant case, therefore, the complaint of the complainants is liable to be dismissed.
4. O.P.No.2/Axis Bank has not filed written version before the District Forum.
5. Learned District Forum, after appreciation of material placed before it by the parties, partly allowed the complaint and awarded compensation to the complainants, as mentioned hereinabove in para no.1 of this order.
6. In Appeal No.FA/13/266, O.P.No.3/Axis Bank filed an application under Order 41 Rule 27 CPC and sought permission to file documents as additional evidence at the appellate stage i.e. Power of Attorney, Circular issued by the Reserve Bank of India dated 17.07.2009, news item published in Navbharat Newspaper, Circular of NFS etc.
7. In Appeal No.FA/13/263, O.P.No.3/Axis Bank filed an application under Order 41 Rule 27 CPC and sought permission to file documents as additional evidence at the appellate stage i.e. Circular issued by the Reserve Bank of India dated 17.07.2009, news item published in Navbharat Newspaper, Circular of NFS etc.
8. Looking to the facts and circumstances of the case, the above documents are necessary for proper adjudication of the case therefore, the application is allowed and documents are taken on record as additional evidence at the appellate stage.
9. Shri Jatin Joshi, learned counsel for the O.P.Nos.1 and 3/Punjab National Bank, in both the appeals argued that complainant no.2 herself has violated the ATM rules and she handed over her ATM to her husband complainant no.2, who operated the ATM card, which is illegal and if any loss was occurred due to mishandling the ATM card, the O.P.Nos.1 and 3 is not responsible and is not liable to pay any compensation. The Circular issued by Reserve Bank of India dated 27.05.2011, is not applicable in the instant case because the cause of action accrued prior to the issuance of that Circular and the learned District Forum has wrongly awarded compensation against the Punjab National Bank. The order passed by the District Forum is illegal and is liable to be set aside.
10. Shri A.C. Mishra, learned counsel for the O.P.No.2 Axis Bank Ltd. in both the appeals argued that the Axis Bank has not committed any deficiency in service. If any deficiency in service has been committed, then it has been committed by the Punjab National Bank.
11. Shri C.H. Kashyap, learned counsel for the complainants supported the impugned order of the District Forum.
12. We have heard learned counsel for both the parties and have perused the record of the District Forum.
13. In the instant case complainant no.2 was having saving bank account in Punjab National Bank and she had obtained ATM card from the said Bank. According to the complainants, on 27.10.2010, the complainant no.1 used ATM card for withdrawing a sum of Rs.2,000/-, but he received only a sum of Rs.1,000/-. The complainants made written complaint to the Punjab National Bank and Axis Bank on 27.10.2010 and on 28.10.2010. In the copy of written complaint made by the complainants, there is an endorsement made by the Punjab National Bank that œOn the basis information received from Axis Bank, action is possible.? The complainant no.2 is having saving bank account with Punjab National Bank and she want to withdraw a sum of Rs.2,000/- through ATM centre of Axis Bank from her account, therefore, it is the duty of the Punjab National Bank to investigate the matter and to take action on the complaint made by the complainant.
14. Looking to the record, it appears that both the Banks i.e. Punjab National Bank and Axis Bank had not taken any action in respect of the complaint made by the complainants. The complainants gave written complaint and necessary documents to the Punjab National Bank and the Punjab National Bank, is duty bound to send the same to Axis Bank, but both the Banks have failed to perform their basic duty and they did not give response to the complaint made by the complainants, therefore, both the Banks have committed deficiency in service.
15. So far as Circular No.RBI / 2009-2010 / 100 /DPSS No.101/02.10.02/2009-10 of Reserve Bank of India dated 17.07.2009, is concerned, in the said Circular also it is mentioned that œ(i) It is mandatory for the banks to reimburse the customers, the amount wrongfully debited on account of failed ATM transactions, within a maximum period of 12 working days from the date of receipt of the customer complaint (ii) For any failure to re-credit the customers account within 12 working days from the date of receipt of the complaint, the bank shall pay compensation of Rs.100/- per day to the aggrieved customer. This compensation shall be credited to the customers account automatically without any claim from the customer on the same day when the bank affords the credit for the failed ATM transaction?.
16. From the bare perusal of Circular of Reserve Bank of India, dated 27.05.2011, it appears that the said circular as well circular dated 17.07.2009 both are regarding payment of compensation of Rs.100/- per day for any failure to re-credit the customers account within 12 working days from the date of receipt of the complaint. It appears that if the Bank fails to re-credit customers account within 12 working days from the receipt of the complaint the bank shall pay compensation of Rs.100/- per day.
17. In the instant case, the Punjab National Bank and the Axis Bank both failed to give response to the complaint made by the complainants and they did not re-credit the amount in the account of the complainant no.2, therefore, both the Banks are jointly and severally liable of deficiency in service and the complainants are entitled for compensation according to the said Circulars of the Reserve Bank of India, from both the Banks.
18. Therefore, the compensation awarded by the District Forum to the complainants is just and proper and does call for any interference by this Commission.
19. In the result, both the appeals filed by the Punjab National Bank and Axis Bank, are liable to be dismissed and are hereby dismissed.