Krushna Chandra Khatua, aged about 36 years

S/o: Nakul Khatua of Vill: Naripur,

PO/PS/Dist:Bhadrak

                                          ………………….Complainant

                 (Vrs.)

1.         Branch Manager,

            State Bank of India,

            Bhadrak

            At/PO/PS/Dist:Bhadrak

2.         Branch Manager,

            State Bank of India,

            Cuttack Branch,

            At/PO/Dist:Cuttack

                                            ……………………Opp.Parties

Order No.28 dt.29.04.2015:

            The case of the Complainant is that is having his S.B.A/c.No.11403541419 with O.P.No.1-Bank since 2003. He has been supplied with one ATM card for withdrawal of money from his above account. The Complainant for his need withdrew Rs.2000/- on 24.03.2013 from SBI ATM situated at Arunodaya Market, Cuttack leaving balance amount of Rs.16,931/- in his account. Again the Complainant on 03.04.2013  withdrew Rs.1000/- from the ATM counter at MKCG Medical, Berhampur Town at 18.08 hours and came to know that his balance amount is Rs.931/-. As such, there was shortage of Rs.15,000/- from his S.B.Account. Thereafter, the Complainant came to SBI, Bhadrak Branch and on 06.04.2013 applied to BM, SBI, Bhadrak Branch, Bhadrak to supply a detail transaction of his account and came to know that on 24.03.2013 at 8.14 AM an amount of Rs.15,000/- has been withdrawn through ATM process at Link Road-2 ATM Counter bearing ATM ID No.S-10B4000059028. Thereafter, the Complainant made an application before Branch Manager, SBI, Bhadrak requesting him to enquire into the matter and take necessary action for refund of Rs.15,000/- which was withdrawn by someone else other than him. But the O.P.No.1 did not take any action and advised to lodge complaint before Police.  The Complainant thereafter approached Bhadrak Town Police who advised to take shelter before Madhupatna PS, Cuttack. Thereafter, the Complainant lodged written report before IIC, Madhupatna, Cuttack requesting to take necessary action but the IIC advised to file case against the BM, SBI, Bhadrak and Cuttack. It has been alleged by the Complainant that when  he withdrew Rs.2000/- on 24.03.2013 at 8.13 AM from ATM situated at Arunodaya Market, Cuttack how  he will be able to withdraw another Rs.15,000/- on  24.03.2013 at 8.14 AM from ATM counter at Link Road-2, Cuttack within one minute? So the Complainant states that due to defect in ATM system such type of illegal withdrawal has been made. In spite of several requests, the O.Ps did not make any enquiry about the mischievous act and illegal withdrawal of money or the O.P.No.1 called for the C.C.footage of Link Road-2 ATM Counter. Therefore, alleging negligence in duty and deficiency in service on the part of O.Ps, the Complainant filed this case on 25.04.2013 praying for a direction  to produce the CC TV footage of Arunodaya Market and Link Road-2 ATM of O.Ps and for payment of Rs.15,000/- with interest besides compensation and litigation cost.

            O.Ps filed their written version mostly denying the averments made in the complaint petition. The real cause behind this painful litigation is that the Arunadoy Market ATM and Link Road-2 ATM machines are situated in one room and the Complainant first withdrew Rs.2,000/- from the first ATM counter and just after it he withdrew Rs.15,000/- from the second ATM counter and the transactions were successful. But in order to make the O.Ps fool and make unlawful gain the Complainant has been making complaint before various authorities with such a long demand. Therefore, the case requires to be dismissed.

            We have heard the Ld.Counsel appearing on both sides and perused the documents available on record. The Complainant has filed Xerox copy of S.B Pass Book showing ATM transaction No.472 dt.24.03.2014 for withdrawal of Rs.2,000/- at SBI ATM, Arunodaya Market, Cuttack  and transaction No.7245 dt.24.03.2013 for withdrawal of Rs.15,000/- at SBI ATM, Link Road-II, Bhubaneswar, Xerox copy of written report lodged at IIC, Madhupatana PS. On 23.04.2013, Xerox copy of complaint to O.P.No.1 on dt.6.4.2013, Xerox copy of ATM slips of Arunodaya Market-1 dt.24.3.2013 and MKCG Medical dt.3.4.2013 and print out of ATM process on 24.3.2013. No document is filed on behalf of O.Ps.

            During course of hearing it is submitted on behalf of Complainant that after withdrawal of Rs.2,000/- on 24.03.2013 at 8.13 AM from SBI ATM situated at Arunadoya Market,Cuttack, he had balance of Rs.16,931/- in his S.B.Account and subsequently after withdrawal of Rs.1000/- on 03.04.2013  from ATM counter at MKCG Medical indoor at Berhampur, he came to know that Rs.15,000/- has been illegally debited from his account on 24.03.3013 at 8.14 AM from Link Road-2. The Complainant has never withdrawn Rs.15,000/- from ATM situated at Link Road-2 nor it is practicable  to withdraw  the said Rs.15,000/- from another ATM just after one minute of  first withdrawal. So due to technical or machinery defect such illegal debit has been made. It is the specific case of O.Ps that Arunadoy Market ATM and Link Road-2 ATM are situated in one room and the Complainant first withdrew Rs.2,000/-  on 24.03.2013 at 8.13 AM from the first ATM counter and just after it he withdrew Rs.15,000/- from the second ATM  on the same day at 8.24 AM and the transactions were successful. It is no doubt true that  1st withdrawal was made on 24.03.2013 at 8.13 AM for Rs.2,000/- from the ATM situated at Arunodaya Market,Cuttack and 2nd illegal withdrawal  for Rs.15,000/- was made on the same day at 8.14 AM from the ATM situated at Link Road-2, Cuttack. So the alleged illegal withdrawal of Rs.15,000/- for 2nd time has been made within one minute  from the ATM of O.Ps in one cabin. Practicability of such illegal withdrawal within one minute from adjoining ATM in a cabin or minimum time required for each transaction is not forthcoming from the side of O.Ps to prove their case that actually Complainant had withdrawn Rs.15,000/- from his account. The Complainant in his complaint petition as well as in his petition dt.18.06.2014 has called for CC TV footage of both the withdrawal to elicit the truth. But the O.Ps have failed to prove their case by producing CC TV footage dt.24.03.2013 of both the ATMs that actually Complainant for the 2nd   time within one minute had withdrawal of Rs.15,000/- from Link Road-2 ATM. It is no doubt true that O.P.-Bank collects service charges/ATM annual fees periodically from the Complainant. As such, service providers like Banks have to ensure that no such fraudulent withdrawals are taken place and that is why every bank is obliged to install CC TV in the ATM Counter and only through the CCTV footage banks are able to detect fraudulent withdrawals. When no such CCTV footage has been filed by the O.P-Bank, we are unable to accept the contention of the O.P.-Bank that TXN No.7245 dt.24.03.2013 at 8.14 AM was made by Complainant itself. In this connection, we rely on a decision of the Hon’ble State CDR Commission, Odisha, Cuttack in First Appeal No.655 of 2011(Chief Manager, SBI, Bhadrak Vs. Shri Purna Chandra Nayak) where in the Complainant-Respondent himself had withdrawn the money as alleged by the O.P.-Appellant but no C.C.T.V. Camera was produced by the Bank in spite of repeated order. We are, therefore, inclined to hold that non-supply of footage of CCTV to the Complainant constitute deficiency in service on the part of the O.P.-Bank. Accordingly, it is ordered:

                                                    O R D E R

                        In the result, the complaint is allowed in part on contest against O.Ps 1 & 2. The O.Ps are directed to credit Rs.15,000/- to the S.B. Account No.11403541419 of the Complainant within 30 days of receipt of this order along with interest @ 6% per annum from 24.03.2013 till payment is made in full. Parties to bear their own cost.