PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 79/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Purna Chandra Dash, Aged about 72 years,

S/O-Late Kuber Dash,

R/O-Bargarh W.No. 8, Khajurtikra,

Po/PS/Dist-Bargarh-768028, Odisha.                                     ……….......Complainant.

Vrs.

1. Chief Manager, A.D.B. S.B.I., Bargarh,

Katapali Road, PO/PS/Dist-Bargarh-768028.

2. Chief Manager, State Bank of India,

Main Branch Bargarh, PO/PS/Dist-Bargarh-768028.

3. Zonal Manager, State Bank of India, Sambalpur Zone,

Near Civil Court, Sambalpur,

Counsels:-

1. For the Complainant         :- Sri. S. Mahapatra & Associates
2. For the O.P.s                       :- Sri. B.K. Meher & Associates

Date of Filing:06.03.2024,  Date of Hearing :06.08.2024  Date of Judgement : 17.09.2024

Presented by Sri SadanandaTripathy, Member.

1. The case of the Complainant is that the Complainant on 12.12.2023 had been to ATM counter of the O.Ps to withdraw money but due to application of OTP in time the transaction became invalid and it happened at 2.58 P.M. The slip withdrawn at 15.11 PM shown that Rs. 10,000/-+Rs. 9000/- +Rs. 9000/- has been withdrawn were as the Complaintant only withdrawn Rs. 18,000/-. Complaint was made before O.P.no.1 who assured to credit Rs. 10,000/- within 48 hours and also to complain through phone No. 18001234. O.P.No.2 was also informed. Complaint No. 36077207 dated 21.12.2023 made, Lokpal and O.P.No.3 were also informed but no any action was taken. Being aggrieved complaint has been filed.
2. The O.Ps in reply submitted that on 12.12.2023 the complainant in the ATM to withdraw Rs. 10,000/- pushed the ATM card in the machine, put his secret PIN and subsequently gave his OTP thereby Rs. 10,000/- was dispensed. But negligently without waiting to receive dispensed cash he went to other ATM (ID-FERN000025015) where the Complainant has withdrawn Rs. 9000/- twice. Suddenly another person came to the ATM (ID-FERN000025015) and took the dispensed money subsequently complainant came to know that Rs. 10,000/- + Rs. 9000/-+Rs. 9000/- has been shown withdrawn.

On Examination of electronic journal log of ATM (ID-FERN000025015) by transaction No. 4112 Rs. 10,000/- withdrawal made successful and there is no excess cash found from previous case replinshment on 12.12.2023 to subsequently cash replinshment dated 13.12.2023. Running CC TV footage proves that the Complainant without waiting to dispensed cash from the ATM(ID- FERN000025025) made Transaction No. 1721 and 1722 which are successful. Complaint No. 360772607 lodged by the Complainant was closed and rejected on 21.12.2023. O.P.No.3 has not been informed. There is no deficiency in service of the O.Ps and the Complaint is liable to be dismissed.

3. Perused the documents filed by both the parties. From J.P. Log it reveals that ATM card was inserted on 12.12.2023 at 10:50:41, amount entered at 14:50:52, pin entered at 14:50:56 and request sent at 14:51:05. The request was received by ATM at 14:51:05 and notes at 14:51:05. The request was received by 14:51:08 and notes at 14:51:17 stacked. Notes were presented at 14:51:2022. As cash present timer expired 14:52:02 the transaction ended  at 14:52:12. During the period another customer activated the card reader and taken notes at 14:52:12. All the transactions made were presented before the Commission on 05.08.2024. Prior to that the O.Ps have not disclosed before the Complainant.

It is admitted by the O.Ps that complaint No.360772607 was lodged by the Complainant on 21.12.2023 and it was rejected. Prior to that on the same day the Complainant made complaint before the O.P.No.1 which it reveals from the slip issued by O.P.No.1 with tool free No. 18001234. From C.C. TV footage it is clear that the Complainant was present in the ATM counter at 14:57 and shifted to the next nearby ATM at 14:59:13 when money was not collected. During that period at 14:58:40 another customer came and lifted the notes present without putting the pin in 1^st ATM machine. It means till 14:59:13 the 2st machine not dispensed the notes for which the Complainant shifted to 2^nd ATM. As per statement of the O.Ps the 1^st ATM dispensed Rs. 10,000/- at 14:51:57 is not true. The statement of O.Ps do not tally with CC TV footage. There is a gap of about 8 minutes in dispensing the notes. The Statement of the Complainant is correct where as the O.Ps suppressed the actual facts. On 12.12.2023 when complaint was made the O.Ps have taken into account the CCTV footage on 17.12.2023 as it reveals from cash balance report. The O.Ps very well know that the customer next to he Complainant has taken the money on the same day at 14:59 and it is within the knowledge of O.Ps and not disclosed while disposing the Complaint on 21.12.2023. The O.Ps are deficient in service on the following points:

1. The officials of the O.Ps after verification of CCTV footage neither instructed the Complainant to lodge F.I.R. nor themselves lodged any F.I.R. for lifting of Rs. 10,000/- by another customer.
2. The O.Ps in a mechinal way rejected the complaint on 21.12.2023 without any investigation.
3. There is gap of 8 minutes in dispensing the notes.

From the above facts it is established that the O.Ps are deficient in their service and in order to suppress their latches closed the complaint of the Complainant.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The Complaint is allowed on contest against the O.Ps. The O.Ps are directed to refund Rs. 10,000/- to the Complainant along with compensation of Rs. 20,000/- and litigation cost of Rs. 10,000/- within one month of this order. In case of non-payment the O.Ps shall be liable to pay interest @12% P.A. w.e.f 12.12.2023 till date of realization.

Order   pronounced in the open court on 17^th Sept. 2024.

Supply free copies to the parties.