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ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH
Misc. Application No.1171 of 2020
In/and
First Appeal No.222 of 2019
Date of Institution : 23.04.2019
Date of Reserve : 23.11.2021
Date of Decision : 23.12.2021
Dr. Pritpal Singh S/o S. Bachan Singh, Medical Officer, Civil
Hospital Nakodar, Distt. Jalandhar and resident of H.No.219-C, Raj
Guru Nagar, Ludhiana.
……Appellant/Complainant
Versus
1. HDFC Bank Nakodar Branch, through its Branch Manager,
Nakodar, Jalandhar.
2. The Blue Dart Courier Service, Feroze Gandhi Market,
Ludhiana through its prop, owner, Authorized Manager.
……Respondents/Opposite parties
First
Appeal
under
Section
15
of
the
Consumer Protection Act, as amended up to
date, against the order dated 19.03.2019 of the
District Consumer Disputes Redressal Forum,
(now ‘Commission’), Jalandhar.
Quorum:-
Mr. Rajinder Kumar Goyal, Presiding Member
Mrs.Kiran Sibal, Member
First Appeal No. 222 of 2019
2
Present:-
For the appellant : Sh.N.K.Nagar, Advocate
For respondent No.1 : Sh.Nitin Thatai, Advocate
For respondent No.2 : Sh.Sanjeev Goyal, Advocate
RAJINDER KUMAR GOYAL, PRESIDING MEMBER
The appellant/complainant has filed the present appeal
under Section 15 of the Consumer Protection Act, 1986 (as
amended up to date) for modification of the order dated 19.03.2019
passed by the District Commission, whereby the complaint filed by
the complainant was partly accepted and opposite party No.1. was
directed to handover the ATM Card along with its PIN Code to the
complainant within 30 days from the date of receipt of the copy of
the order. Opposite party No.1 was further directed to pay
Rs.20,000/- as compensation for causing mental tension and
harassment and Rs.5,000/- as litigation expenses.
It would be apposite to mention that hereinafter the parties
will be referred, as have been arrayed before the District
Commission.
Misc. Application No.1171 of 2020 (For Addl. Evidence)
2. This application has been filed by the applicant/respondent
No.1 i.e. HDFC Bank for leading additional evidence.
3. The application was contested by the appellant by filing
reply to the application with the objection that no acknowledgment /
receipt, vide which ATM Card was received by the wife of the
appellant/respondent has been produced.
First Appeal No. 222 of 2019
3
4. The applicant/respondent No.1 was proceeded against ex-
parte before the District Commission and no evidence was
produced before the District Commission. It is pertinent to mention
here that if no reply or evidence has been produced before the
District Commission, then how the documents placed on record by
respondent No.1 as additional evidence are acceptable. Moreover,
no acknowledgment receipt has been produced which could prove
that he/she had received the parcel containing ATM Card. In the
absence of any cogent and convincing reason, we find no merit in
the application and the same is hereby dismissed.
Facts of the Complaint
5.
As per the complaint, the complainant availed the facility of
salary bank account bearing No.13701000009489 with HDFC
Bank, Nakodar. In the year 2011, complainant also applied for ATM
card facility through his Bank, which he did not get it. Thereafter,
the complainant came to know that an amount of Rs.40,800/- has
been withdrawn from his account by using the ATM Card. On
10.03.2011, the complainant immediately moved an application for
stoppage of any kind of transaction through said ATM Card and its
misuse. A complaint was also registered with SHO, Police Station,
Nakodar regarding the said withdrawal from his account. The
complainant number of times approached the opposite party-Bank
for the financial damage suffered by him. When no satisfactory
reply was received, a legal notice was served upon the opposite
parties with the request to handover the ATM Card and to pay the
First Appeal No.
