IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 06.06.2018 Date of Hearing: 31.10.2025 Date of Decision: 05.01.2026 FIRST APPEAL NO.-272/2018 IN THE MATTER OF PUNJAB NATIONAL BANK, (ERSTWHILE ORIENTAL BANK OF COMMERCE), (THROUGH ITS MANAGER/A.R.), JASOLA BRANCH, JASOLA, NEW DELHI – 110025.

(Through: Mr. Hemant Payak, Advocate)

...Appellant VERSUS

1. MR. PARTHO DAS, R/O HOUSE NO. 38 E, POCKET – 10 B, DDA LIG FLAT, JASOLA, NEW DELHI – 110025.

2. PUNJAB & SIND BANK, THROUGH ITS MANAGER /AR, BRANCH AT H BLOCK MARKET, CONNAUGHT PLACE, NEW DELHI.

(Through: Ms. Jyoti Rajshree, Advocate)

…Respondents CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Hemant Payak, Counsel for the Appellant.

None for the Respondent.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“Briefly stated facts of the case are that the complainant has a joint account with OP-1 since 23.01.2015 along with his wife for which he held an ATM card issued by OP-1. Annexure-1 is the copy of the passbook & ATM card.

The Complainant states that he had gone to Serampore, Hooghly, West Bengal and was returning on 06.08.2015 by road with his family. Due to cash requirement on the way, he operated the ATM machine of Oriental Bank of Commerce i.e., OP-1 and withdrew a sum of Rs. 2000/-vide TXN. 2234 at 12.36 pm. On the same day, the complainant has annexed the transaction mini statement as Annexure-2.

The Complainant on perusing the mini-statement of the ATM transaction saw that four illegal ATM transactions of Rs 10,000/- and two of Re 5,000/- were done on 06.08.2015 between 11.30 pm and 1.00 am and hence an amount of Rs 50,000/- was debited from the complainant's account illegally Copy of the Bank statement is annexed as Annexure-4 with the complaint by the complainant.

The Complainant alleges that on receiving the ATM card from OP-1 the complainant had called the branch of OP-1 and requested for change of PIN number but he was informed that due to system problem the PIN number could not be changed at the time but the same could be done within a few days when the problem is removed However, the illegal debit occurred within

2-3 days of his request for change of PIN number, which the complainant allegedly points to connivance of the officials of branch of OP-1.

The Complainant immediately contacted the nearest OP-1 branch at Chandaul Bank and met the Branch Manager reported the illegal ATM deduction. The Branch Manager contacted the Jasola Branch of OP-1 over telephone and talked to one Mr. Amit Jha, Branch Manager.

On reaching Delhi the complainant wrote a letter to the OP which was received by OP-1 on 10.08.2015. (Annexure-5).

OP-1 supplied attested copy of mail communication and transaction history held between OP-1 and ATM cell regarding the complainant's disputed ATM transaction but his debited amount has neither been credited nor the issue resolved.

OP-1 has disclosed that the transactions were carried out from the ATM machine of OP-2 situated in the branch of Punjab & Sind Bank at Connaught Place, New Delhi. Annexure-6 is the copy of the mail communication and transaction history annexed with the complaint.

Having no option, the complainant reported the matter and filed an FIR dated 09.09.2015 at Police Station, Connaught Place, New Delhi and has also annexed the copy of the same with his complaint as Annexure-7.

He also submitted an application for providing the CCTV footage to OP-1 on 19.09.2015 to which OP-1 supplied the CCTV footage to the complainant which clearly shows that the complainant is not making any transaction. The complainant has filed the CD and also photographs of the same as Annexure-8.

The Complainant further lodged a complaint in the Ombudsman and RBI through e-mail dated 24.08.2015, which he has annexed as Annexure-9 to which the complainant received an intimation that his complaint has been