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BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 740 OF 2021 AGAINST ORDERS IN C.C.46/2020

DISTRICT CONSUMER COMMISSION, SANGA REDDY

Between:

The Branch Manager, Corporation Bank, Now Union Bank of India,

Roshini Complex, PR Pally, NH-9, Main Road, Sanga Reddy- 502295.

………..Appellant/ Opposite Party And:

1. Momula Rajender, S/o Pentaiah, Aged about 53 years, Occ.: Pvt. Employee,

R/o H.No.8-37, Plot No.5, MRF Colony, Sanga Reddy.

2. Momula Padma, W/o Rajender, Aged about 45 years, Occ.: Housewife,

R/o H.No.8-37, Plot No.5, MRF Colony, Sanga Reddy.

……..Respondents/Complainants

Counsel for the Appellant/ Opposite Party : M/s. G.Vansantha Rayudu

Counsel for the Respondents/ Complainants: Called absent. HON’BLE SMT. JUSTICE DR.G.RADHA RANI, PRESIDENT

HON’BLE SMT. MEENA RAMANATHAN, MEMBER – (NJ)

HON’BLE SMT. R.S. RAJESHREE, MEMBER – (NJ)

WEDNESDAY, THE 25th DAY OF MARCH TWO THOUSAND TWENTY SIX

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Order :

PER HON’BLE SMT. MEENA RAMANATHAN, MEMBER (NON-JUDICIAL) 1. The appeal is filed U/s 41 of Consumer Protection Act, 2019 by the Opposite Party, aggrieved by the order of District Consumer Commission, Sanga Reddy, dated 08.10.2021 in CC

46/2020 where under the opposite party was directed to return to

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the complainants an amount of Rs.10,000/- which is debited from their account on 19.12.2018 along with interest at 12% p.a. from the date of debit till the date of realization; to pay Rs.10,000/- towards compensation and Rs.5,000/- towards costs of the litigation. Time for

compliance was 30 days from the date of receipt of the order.

2. The parties are herein after referred to as they were arrayed before the District Commission, as complainant and opposite parties. 3. a) The brief averments of the complaint are that the complainants being mother and son are holding a savings account vide No. 520101042451211 at Corporation Bank at PR Pally Sangareddy for the last 10 years. They went to the Andhra Bank ATM on 17.12.2018 at 15:12 hours to withdraw an amount of Rs.10,000/- but the amount was not released but debited from their account and they took the ATM card and returned home. They raised a complaint with the bank authorities and the bank re-deposited the amount of Rs.10,000/- on 17.12.2018 but again debited the same on

19.12.2018.

b) The complainants approached the bank on 19.12.2018 and informed them that the amount of Rs.10,000/- was withdrawn. The complainants claim that the opposite party bank has manipulated the records and mishandled the savings account. The Statement of Account reveals the details of transactions and the deficient manner in which the opposite party bank has deposited the amount on 17.12.2018 and withdrawn Rs.10,000/- on 19.12.2018 without issuing any notice or without the consent of the complainants. The complaint is raised for return of amount of Rs.10,000/- plus

compensation.

4. a) The brief averments of the written version of Opposite Party are that the Corporation Bank (now Union Bank of India) submit that on 17.12.2018 – complainant No.1 tried to withdraw Rs.10,000/- in the ATM Centre of Andhra Bank at Sanga Reddy and he got the message that the amount is debited from his account. Due to a

technical issue, the amount was reversed and credited to the

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complainant No.1. On 19.12.2018, at the time of reconciliation of accounts, the error was noted and the amount of Rs.10,000/- was

debited from the account of the complainant No.1.

b) They submit that Complainant No.1 approached the Corporation bank and intimated the same to them. In good faith the amount of Rs.10,000/- was re-credited to the account of the complainant No.1. Later the opposite party informed their technical team and intimated over mail that on 17.12.2018, the amount was withdrawn as such the reconciliation team of the opposite party debited Rs.10,000/- from the complainant No.1’s account. The opposite party basing on the information provided by the ATM team of Andhra Bank debited the amount and has not