M.THANIKACHALAM, J. - (1.) The opposite parties 1 and 2 are the appellants in F.A.No.416/2008 and 758/2008 respectively.
(2.) Brief facts leading to this case: The complainant was having SB account, with the 1st opposite party, and he was provided with an ATM card, for the purpose of enabling him to take cash, as and when required in ATM. The complainant had been to Ambaji temple in Gurajat, where he wanted to withdraw money from his account, using the ATM card, since he had sufficient balance in his account. The complainant after inserting the card for withdrawal, got only receipt, indicating debit entry, but failed to get the money, which was reported, not rectified, thereby causing mental agony and suffering to the complainant. Thus alleging a consumer complaint was filed to credit a sum of Rs.10000/-, with compensation of Rs.1 lakh, praying for cost of Rs.5000/-.
(3.) The 2nd opposite party admitting the user of the ATM card, as well as the mistake had occurred, opposed the case, contending that when the card was used, there was power failure, resulting mistake of the machine, which is beyond human power, that after report, completing formal investigation, a draft for a sum of Rs.10000/- was drawn, and sent to the 1st opposite party, for being credited to the account of the comlainant on 22.2.2006, and therefore as such there was no negligence or deficiency on the part of this opposite party, causing any mental agony to the complainant, praying for the dismissal of the complaint.;