IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present : Hon’ble Thiru. Justice R. SUBBIAH….. PRESIDENT F.A. No. 168 of 2024 (Arising out of the Order dated 28.11.2023 passed in Consumer Complaint No. 79 of 2023 on the file of District Consumer Disputes Redressal Commission, Thiruvallur)

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Order pronounced on : 30.05.2025 The Branch Manager Punjab National Bank Muthapudupet Branch I.A.F., Avadi Post Chennai – 600 055 .. Appellant/Opposite Party Versus P. Edward Durai Son of M. Papu No.37, Third Street Ellaiamman Nagar Muthapudupet,I.A.F., Avadi, Chennai – 600 055 .. Respondent/Complainant For Appellant : Ms. G. Pramila For Respondent : Mr. P. Edward Durai Respondent-in-Person This appeal came up for final hearing on 20.12.2024 and upon hearing the arguments of the learned counsel for the Appellant as well as respondent/Party-in-Person and on perusing the material records, this Commission made the following

ORDER

The appellant has come forward with this Appeal aggrieved by the Order dated 28.11.2023 passed in Consumer Complaint No. 79 of 2023 on the file of District Consumer Disputes Redressal Commission, Thiruvallur.

2. The respondent herein has filed the aforesaid Consumer Complaint No. 79 of 2023 before the District Consumer Disputes Redressal Commission, Thiruvallur under Section 35 of The Consumer Protection Act, 2019 for the following relief:-

(a) To direct the Opposite Party to pay Rs.2,00,000/- to the Complainant as compensation for the suffering of mental agony, financial loss caused for deficiency in service and for negligent act caused by the Opposite Party (b) To direct the Opposite Party to pay the litigation expenses of Rs.25,000/- to the complainant.

3. The circumstances which prompted the complainant to file the Consumer Complaint before the District Commission is succinctly narrated hereunder.

4. According to the complainant, he worked as a Junior Warrant Officer in AIR Force, retired from service and is a senior Citizen. It was stated that on 10.04.2023, the complainant intended to withdraw cash of Rs.30,000/- from the ATM. For this purpose, the complainant went to the ATM installed by ICICI Bank at Ellaiamman Nagar, IAF, Avadi which is near to his residence. For withdrawal of the cash, he used his PNB ATM Card No.5085460077622622 linked with his Account No.2980010100040098 and withdrew Rs.10,000/- vide transaction No.310018006717. By using the same card, he attempted to withdraw another sum of Rs.10,000/-. Even though the transaction was completed and the amount of Rs.10,000/- was debited to his account, he did not get the cash delivered. Therefore, by using another PNB Debit Card No. 8070936044521265 linked with his Account No. 2980010401068335, the complainant withdrew Rs.10,000/- vide transaction No. 31001906720. Once again, by using the same card, he attempted to withdraw another sum of Rs.10,000/-. Here again, though the transaction was completed and the amount of Rs.10,000/- was debited to his account, cash was not dispensed to him. Therefore, he used yet another SBI ATM debit card ending with No. 7399 corresponding to his Account No. 8434 and withdrew Rs.10,000/-. Thus, by using 3 different ATM Cards, he had withdrawn a total sum of Rs.30,000/- simultaneously. On the next day, the complainant went to Punjab National Bank, Muthapudupet branch and informed them about the debit entries of Rs.10,000/- twice without deliverance of cash. The officials of the Bank informed the complainant to wait for 2 days so that reverse entry will be given effect and the amount will be automatically credited to his account. After waiting for 2 days, the complainant submitted 2 complaints on 12.04.2023. However, the complaints were rejected on 28.04.2023 without assigning any reason. Therefore, the complainant lodged 2 separate complaints to the Punjab National Bank, Muthuapudupet Branch on 28.04.2023. On 01.05.2023, the complainant also caused an enquiry with the Head office of the Punjab National Bank