st July 2009 C.C. No. 68 of 2009nd respondent. The R2 has to open C.C. No. 68 of 2009 C.C. No. 68 of 2009st July 2009

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B.V.P. - - -

CONSUMER COMPLAINT No. 68 / 2009

K. Ramesh, 30 years, Occ. Reporter, Eenadu Office,

Alankhanpalli, gururu panchayati, Kadapa. ….. Complainant.

Vs.

1) Branch Manager, Union Bank, Kadapa.

2) Branch Manager, Syndicate bank, Kadapa. ….. Respondents.

This complaint coming on this day for final hearing on 14-7-2009 in the

presence of Sri L. Ramasanjeeva Reddy, Advocate for complainant and Sri Shaik

Khajamohiddin, Advocate for R1 and Sri C. Vijayaprasad, Advocate for R2 and upon

perusing the material papers on record, the Forum made the following:-

O R D E R

(Per Sri S. Abdul Khader Basha, Member),

1. Complaint filed under section 12 section of the C.P. Act 1986.

2. The brief facts of the complaint are as follows:- The complainant is the

consumer of Union Bank, Kadapa with A/c No. 407502010079301 with transacting

of S.B. Account and he use to obtain salary account facility in the same bank for the

past one year and this bank provided ATM facility to the complainant. On 2-6-2008

at 12.30 p.m he operated his ATM card No. 4213 6840 7500 2358 at ATM Syndicate

Bank ATM, Kadapa for withdrawal. But he could not get the money. But on

verification he found that an amount of Rs. 2,500/- was debited already in his bank

ledger. But in fact he has not obtained the amount. He made a complaint to both

the bank authorities. They advised to give a complaint on a white paper and that

after 15 days the amount will be adjusted and credited to his account. Accordingly

he made a complaint on a white paper. After 20 days he visited the bank and

enquired. This time the bank authorities asked him to give a complaint in the letter

form, accordingly he gave a complaint as advised by the bank authorities. Number of

times he sent fax messages but there is no response. The R2 bank says that R1 is

responsible for the transaction as he is having account in the bank of R1. R1 says

R2 is responsible since ATM operation for withdrawal of Rs. 2,500/- was done in the

ATM of R2’s bank. Inspite of best efforts nothing is done in his favour, as such the

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complainant filed this complaint before this Hon’ble forum requesting to direct the

respondents to pay an amount of Rs. 1,000/- towards costs, Rs. 25,000/- towards

mental agony.

3. R1 filed a counter stating that the complainant is ATM card holder of

Union Bank of India, Kadapa branch. The allegations of the complaint that the

complainant used the ATM card in the ATM of Syndicate Bank. Normally when an

ATM card is used amount of the account holder in question will be debited. The

contention of the complainant is that he has used the ATM card of Union Bank of

India but he has not received the money and it is debited in the Union Bank of India

account. After receiving the complaint from the complainant dt. 15-4-2009, R1 faxed

the matter to ATM switch Bombay Central Office for settling the dispute. It is

pending at the Central office Bombay and also it should be cleared by Syndicate bank

Central office. The responsibility lies with the 2

the ATM and verify the J.P log sheet and confirm whether the money is dispensed or

not. Then only real facts will came into picture. R1 requested this Hon’ble forum to

direct the R2 to verify the J.P. Log sheet so that the real facts is known. He prayed to

dismiss the complaint against R1.

4. R2 filed a counter stating that on 2-6-2008 at 12.30 p.m the complainant

tried to withdraw Rs. 2,500/- through ATM of R2 and inturn the complainant did not

receive any statement or amount. But the said amount has been debited in his

account etc., are all to be strictly proved by the complainant. The allegations that

the complainant has lodged a complaint before R2 within an hour on the date of

occurrence is not true. The complainant made a representation on 8-9-2008 to R2.

Immediately R2 has checked up the transitions occurred on 2-6-2008 that the ATM

of R2 and there in it was found that as per successive trace code i.e. 9864, 9865 and

9866 for Rs. 2,500/- each trace code attempt was suffixed with 008 as response code

which in turn indicates “issuer timeout and with drawl not success”. Thus to that

effect R2 also issued reply to the representation of the complainant stating the same

C.C. No. 68 of 2009

DISTRICT FORUM :: KADAPA

PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER

Tuesday, 21

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fact. But the complainant having received the same has filed this frivolous

complaint against R2 with malafide intention to get unlawful gain. R2 has

categorically replied to the complainant that, “claims refund of money, card holder to

take up with card issuing bank only”, since the account which was debited by the R1,

but not with R2. Thus, debiting the complainant’s account is purely transaction of

R1 but not related to R2. As per Bankers procedure any claim by the card holder for

non payment is to be taken up with the card issuing bank irrespective of the ATM

issued by the card holder. There are no merits in the complaint as such R2

requested to dismiss the case against him.

5. On the basis of the above pleadings the following points are settled for

determination.

i. Whether the complainant is entitled to the relief as prayed for?

ii. Whether there is any deficiency of service on the part of the

respondents?

iii. To what relief?

6. On behalf of the complainant Ex. A1 to A4 were marked and on behalf of

the respondents Ex. B1 & B2 were marked. Oral arguments were heard from both

sides.

7. Point No. 1& 2 Ex. A1 is the Xerox copy of the complaint before R1 by

the complainant. Ex. A2 is the Xerox copy of complaint of the complainant

addressed to R2, dt. 8-9-2008. Ex. A3 is the Xerox copy of letter of R2 addressed to

the complainant. Ex. A4 is the Xerox copy of debit card help desk, dt. 5-7-2008

issued by R2. Ex. B1 is the Xerox copy of statement of non payment of cash ATM

issued by R2. Ex. B2 is the Xerox copy Annexure-2 important response codes issued

by R2 bank.

8. As could be seen from the documentary evidence on record it is a fact

that the complainant is having S.B. A/c with R1 and is also having ATM card with R1

bank on his name. on 2-6-2008 the complainant operated the ATM of R2 with his

ATM card and tried for withdrawal of Rs. 2,500/- and failed to get money. But on

verification he found that an amount of Rs. 2,500/- was debited in his account

maintained with R1 bank. He made representations / complaints to both R1 and R2

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but both has not done anything in favour of the complainant. As per banks

procedure any claim by the ATM card holder for non payment to be made with ATM

card issuing bank irrespective of the ATM use by the card holder. In view of this

procedure which is in existence it is the responsibility of R1 to take steps to checkup

the amount of Rs. 2,500/- which was debited from the account of the complainant

and R1 bank should take all steps to restore this amount and see that the amount of

Rs. 2,500/- is credited to the account of the complainant at an early date. In view of

the above circumstances and facts there is no liability on the part of R2.

9. Point No. 3 In the result, the complaint is allowed, directing the R1 to

take steps for the credit of Rs. 2,500/- (Rupees Two thousand five hundred only)

which was wrongly debited from the account of the complainant, within 10 days. The

R1 is also directed to pay an amount of Rs. 3,000/- (Rupees three thousand only)

towards mental agony and Rs. 1,000/- (Rupees one thousand only) towards costs of

the complaint. The case against R2 is dismissed. The rest of the claim is disallowed.

Dictated to the Stenographer, transcribed by him, corrected and

pronounced by us in the open forum, this the 21

MEMBER PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant : NIL For Respondent : NIL

Exhibits marked for Complainant : -

Ex. A1 X/c of the complaint before R1 by the complainant.

Ex. A2 X/c of complaint of the complainant addressed to R2, dt. 8-9-2008.

Ex. A3 X/c of letter of R2 addressed to the complainant.

Ex. A4 X/c of debit card help desk, dt. 5-7-2008 issued by R2.

Exhibits marked for Respondents: -

Ex. B1 X/c of statement of non payment of cash ATM issued by R2.

Ex. B2 X/c of Annexure-2 important response codes issued by R2 bank.

MEMBER PRESIDENT

Copy to :-

1) Sri L. Ramasanjeeva Reddy, Advocate.

2) Sri Shaik Khajamohiddin, Advocate.

3) Sri C. Vijaya Prasad, Advocate.

1) Copy was made ready on :

2) Copy was dispatched on :

3) Copy of delivered to parties :