Order No. 18 Dt.16.03.2017
This is an application U/S. 12 of the Consumer Protection Act,1986 filed by the petitioner, Md. Badruddaja praying for an order of the O.P. to pay him of Rs. 10000/-which was not received by him from the A.T.M. Machine and mental harassment of Rs. 30000/-, professional loss of Rs. 40000/- and convenience cost of Rs. 5000/- total amounting of Rs. 85000/-.
The case of the petitioner in short is that he has a savings A/C. being No. 5012420519 of Allahabad Bank of Ratua Branch and he has an ATM card being No. 6071172612003291. He work in private firm at Bihar and he withdrew the amount from his ATM card as per his requirement. On 10.06.2015 at about 3:00 P.M. he entered the ATM of Bank of India at Bihar and as per the mechanism he want to withdraw Rs. 10000/- and performed the system by putting the PIN Code in machine but he did not receive any amount or any voucher from the machine. He wait there for a few minute and thereafter he went to another H.D.F.C. Bank, ATM which was situated not far away from the said ATM. He withdrew Rs.10000/- and he found that another Rs.10000/- was withdrawn from the earlier machine. Being astonished he rushed to the Bank of India and Allahabad Bank and they instructed him to contact with the parent bank. On 12.06.2015 he informed this fact to the Allahabad Bank. The Manager of the said bank told him that the amount will be return back within a very short span. But on 08.08.2015 the Manager over telephone informed him that the amount will not be returned back. So he filed this case in this Forum. Saman was sent to the O.P.s but none appeared. Petitioner filed the copy of application on 12.06.2015 to the Branch Manager, Ratua.
He also filed the copy of his Pass Book, Withdrawal Slip of HDFC Bank dt. 10.06.2015, Mini Statement of HDFC Bank.
O.P. No. 3 The Branch Manager of Bank of India, Ahiyapur Branch of Muzaffarpur Bihar sent a message that they informed the fact of this incident to the ATM Cell which was not controlled by them. The Bank employees are not engaged in this matter. All the system is controlled by the other wing.
::DECISION WITH REASONS::
The petitioner is examined as PW-1 and from the very fact it is crystal clear that the petitioner stated in the dock that he has a savings A/C. being No. 5012420519 of Allahabad Bank of Ratua Branch and he has an ATM card being No. 6071172612003291. He work in private firm at Bihar and he withdrew the amount from his ATM card as per his requirement. On 10.06.2015 at about 3:00 P.M. he entered the ATM of Bank of India at Bihar and as per the mechanism he want to withdraw Rs. 10000/- and performed the system by putting the PIN Code in machine but he did not receive any amount or any voucher from the machine. He wait there for a few minute and thereafter he went to another H.D.F.C. Bank, ATM which was situated not far away from the said ATM. He withdraw Rs.10000/- and he found that another Rs.10000/- was withdrawn from the earlier machine. Being astonished he rushed to the Bank of India and Allahabad Bank and they instructed him to contact with the parent bank. On 12.06.2015 he informed this fact to the Allahabad Bank. The Manager of the said bank told him that the amount will be return back within a very short span. But on 08.08.2015 the Manager over telephone informed him that the amount will not be returned back. So he filed this case in this Forum. Now it is crystal clear that the petitioner put his pin code number to withdraw his amount of Rs. 10000/- on 10.06.2015 in the ATM of Bank of India but as per his statement on dock he did not receive the amount of Rs. 10000/- from the ATM machine or did not receive any withdrawal slip.The bank employees have no link regarding the withdrawal and it was controlled by a separate wing and separate scientific instrument. It is the guideline of the different ruling that colon can be made but without knowing the pin number it cannot be used to withdraw the amount. Here the petitioner stated that he put his pin code number and he did not receive any money. It cannot be said that the petitioner stating the truth. The liability cannot be fixed on the bank employee. The letter which was sent to this Forum by the Bank Manager of Bank of India is quite affirm that no money was credited in the machine on the very date.
Considering all these aspects the case of the petitioner is dismissed.
In the result, the claim case fails.
Court fee, paid on the petition is correct.
Hence, ordered
that Malda D.F.C. Case No. 81/2015 be and the same is hereby dismissed without cost.
Let a copy of this order be given to each of the parties free of cost.
