Date of Filing: 26-12-2013
Date of Disposal: 20-05-2014
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTHAPURAMU
PRESENT: - Sri S.Niranjan Babu, B.A., B.L., President (FAC).
Smt.M.Sreelatha, B.A., B.L., Lady Member.
Tuesday, the 20th day of May, 2014
C.C.NO.01/2014
Between:
V.Guru Swamy
S/o B.Vannurappa
Retd. Employee,
D.No.4-1-185,
Tatimanu Street,
IV Road,
Ananthapuramu. …. Complainant
Vs.
Andhra Bank
Rep. by its Branch Manager,
Court Road Branch,
Ananthapuramlu. … Opposite party
This case coming on this day for final hearing before us in the presence of Sri P.Sivasankar Reddy, advocate for the complainant and Sri D.Sreedhar, Advocate for the opposite party and after perusing the material papers on record and after hearing the arguments on both sides, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, President (FAC) : - This complaint has been filed by the complainant under section 12 of Consumer Protection Act, 1986 against the opposite party claiming a sum of Rs13,108/- towards unwithdrawn amount from his account Rs.2,000/- towards mental agony and costs of the complaint and grant such other relief or reliefs.
2. The brief facts of the complaint are that: - The complainant is a permanent resident of Ananthapuramu. The complainant is holder of Savings Bank Account bearing No.38510011032950 in the opposite party’s branch. The opposite party also issued an ATM Card to the complainant. The complainant submits that on 19-02-2013 the complainant tried to withdraw some amount in State Bank of India, Ananthapuramu Centre at Azad Nagar, Bellary Road. The complainant submits that after insertion of his ATM Card into the ATM machine at Azad Nagar, Bellary Road Branch, Ananthapuramu he did not receive any cash but he received a slip after the transaction showing the balance as Rs.23,440.63 . Then immediately the complainant approached the opposite party and asked with regard to the transaction took place in the ATM Centre. Then the opposite party said that the complainant has withdrawn the amount 5 times on 19-02-2013 and the sums withdrawn were Rs.3,028/-, Rs.3,020/-, Rs.3,020/-, Rs.1,020/-and Rs.3,020/- through the said ATM.
3. The complainant submits that he has not withdrawn any amount from the said ATM as mentioned above on 19-02-2013 and If the complainant has withdrawn the amount 5 times from the said ATM ON 19-02-2013 how can the slip show the balance as Rs.23,440.63. Subsequently the complainant again approached the opposite party and asked to credit the said amount of Rs.13,108/- to the complainant’s account because the complainant has not withdrawn the said amount from the ATM. The opposite party has not credited the said amount to the complainant’s account inspite of his requests. The complainant submits that the opposite party has not taken any action for the request made by the complainant. As per R.B.I. directions, the Bank has to provide adequate security for the ATM Card-holders and further the Banks are directed by RBI that if any customer complains that any transaction took place without his knowledge at a point of sale, the
Banks have to examine the point of sale within 3 days. Further RBI directed the Banks that if the Banks failed to provide security arrangements to the ATM Card-holders, the Banks have to pay the amount to the customer within 7 days; other-wise the concerned Banks have to pay penalty of Rs.100/- from 8th day onwards. Further RBI directed the Banks that the Banks which issued ATM Cards have to repay the amount to the customer if any fraud transaction happens at ATM Centers. The complainant got issued a legal notice dt.25-11-2013 to the opposite party, but the opposite party has not given any reply to the said notice. This shows the negligence on the part of the opposite party, which falls under deficiency of service for which the opposite party is liable. Hence the complainant filed this complaint claiming a sum of Rs.13,108/- towards unwithdrawn amount from the complainant’s account with interest and also to pay a sum of Rs.2,000/- towards mental agony.
4. The opposite party filed a counter stating that it is true that the complainant is a Savings Bank Account-holder in the opposite party branch. The allegation made in the complaint that on 19-02-2013 when the complainant tried to withdraw some amount in State Bank of India ATM Centre at Azad Nagar, Bellary Road is not known to this opposite party. Further the allegation made in the complaint that when the complainant inserted his ATM Card in State Bank of India ATM Centre at Azad Nagar, Bellary Road with an intention to withdraw some amount and that the complainant did not receive any cash from ATM Machine but he received only slip from the said ATM Machine which shows the balance amount as Rs.23,440.63 is not at all true and correct. The opposite party submits that actually the complainant has withdrawn Rs.3,028/-, Rs.3,020/-, Rs.1,020/- and Rs.3,020/- respectively on 19-02-2013 through the said ATM and the records clearly reveal the said fact. The allegation made in the complaint that he did not withdraw any amount from the ATM Centre is not at all true and correct. The allegation made in the complaint that though the complainant made a complaint to the opposite party, the opposite party has not taken any action in this regard is not at all true and the same is invented for the purpose of filing this unjust complaint. Further the opposite party submits that immediately after receiving the complaint from the complainant the opposite party responded properly and gave suitable information to the complainant. The opposite party submits that the complainant has filed a false statement by suppressing the fact and did not file full-pledged account intentionally to have unlawful gain for himself from the opposite party. The opposite party submits that there is no deficiency of service on the part of the opposite party and the question of crediting Rs.13,108/- into the account of the complainant does not arise as the said amounts were withdrawn from the said ATM on 19-02-2013 itself. Hence the complaint is liable to be dismissed with costs.
5. Basing on the above pleadings, the points that arise for consideration are:-
1. Whether there is deficiency of service on the part of the opposite
party?
2. To what relief?
6. In order to prove the case of the complainant, the evidence on affidavit of the complainant has been filed and marked Ex.A1 to A5 documents. On behalf of the opposite party, evidence on affidavit of the opposite party has been filed and marked Ex.B1 & B2 documents.
7. Heard on both sides
8. POINT NO.1: - The counsel for the complainant submits that the complainant is a retired person and he is a Savings Bank Account holder in opposite party branch bearing Account No.38510011032950 and he holds ATM Card also. The counsel for the complainant submits that on 19-02-2013 when the complainant tried to withdraw some amount in State Bank of India ATM Centre at Azad Nagr, Bellary Road and when the complainant inserted the ATM Card to withdraw the amount though the ATM Machine did not dispense any amount the transaction slip was received showing balance as Rs.23,440.63. The counsel for the complainant submitted that though the complainant did not receive any amount seeing the transaction slip the complainant approached the opposite party branch and made a complaint for which the opposite party said that the complainant has withdrawn the amount 5 times on 19-02-2013 and the withdrawn amounts were shown as Rs.3,028/-, Rs.3,020/-, Rs.3,020/-, Rs.1,020/- and Rs.3,020/-. The counsel for the complainant submitted that though the complainant has not withdrawn any amount from the said ATM on 19-02-2013 and even the slip received from ATM machine also show the balance amount as Rs.23,440.63. Further the complainant counsel submitted that the complainant again approached the opposite party and requested to credit the amount of Rs.13,108/- into complainant’s account as the said amount was not withdrawn by the complainant. Further the counsel submitted that inspite of repeated requests made by the complainant, the opposite party did not take any action to recredit the said amount.
9. Further the counsel for the complainant submitted that as per the directions of RBI if any customer complains that any transaction took place without his knowledge at a point of sale, the Banks have to examine the point of sale within 3 days. Further argued that if the Bank fails to provide security arrangements to the ATM Cardholders, the Banks have to pay the amount to the customer within 7 working days otherwise the concerned Banks have to pay penalty of Rs.100/- from 8th day onwards. Further the counsel argued that RBI directions are clear with a direction that the Banks which issued ATM Cards have to repay the amount to the customer if any fraud transaction happens at ATM Centers. Further the counsel argued that the opposite party has not taken any initiation to credit the unwithdrawn amount into his account, the opposite party has caused deficiency of service and they are liable to repay the said amount of Rs.13,108/- with interest from the date of alleged transaction and also to pay a sum of Rs.2,000/- towards mental agony.
10. The counsel for the opposite party submitted that the allegation made in the complaint that on 19-02-2013 when the complainant tried to withdraw some amount from State Bank of India ATM Centre at Azad Nagar, Bellary Road, though the ATM Machine did not dispense any amount a slip was received by the complainant which shows the balance as Rs.23,440.63 is not at all true and correct. Further the counsel for the opposite party submitted that actually the complainant has withdrawn Rs.3,028/-, Rs.3,020/-, Rs.1,020/- and Rs.3,020/- respectively on 19-02-2013 through the said ATM. The account extract of the complainant clearly reveals the said fact that the complainant has withdrawn they said amounts on 19-02-2013 from the said ATM Centre. Further the counsel for the opposite party submitted that the allegation made by the complainant that though no amount was dispensed a slip was received which showed the balance as Rs.23,440.63 is due to some error in the print out. The counsel for the opposite party further submits that when the complainant contacted the opposite party the said fact was brought to the notice of the complainant.
11. Further the counsel for the opposite party submitted that the complainant has filed only some pages of his account extract and not filed all the pages of his Pass Book entries and thereby he has suppressed the fact of withdrawing the amounts from the ATM Centre and with an intention to have unlawful gain for himself filed this complaint. The counsel for the opposite party argued that as per the account extract filed by the opposite party, which is the transaction enquiry shows that 5 transactions took place on 19-02-2013 which is marked as Ex.B1 clearly shows that the complainant has withdrawn the said amounts on 19-02-2013 from the said ATM at 10.27 minutes, 10.28 minutes, 10.29 minutes,10.30 minutes and at 11.13 minutes on the same day. Further the counsel for the opposite party argued that the account extract clearly establishes that the complainant has withdrawn the amount consequently on the same day within a gap of 45 minutes but the complainant has suppressed the said fact and filed this complainant for unlawful gain. Hence, there is no deficiency of service on the part of the opposite party and they are not liable to pay any amount as claimed by the complainant and the complaint is liable to be dismissed with costs.
12. After hearing the arguments of both side and perusing the documents submitted by both side, the fact that the complainant has withdrawn the amount on 19-02-2013 at 10:27:31 minutes a sum of Rs.3,020/- was withdrawn subsequently at 10:28:40 minutes another sum of Rs.3,020/- was withdrawn and at 10:29:50 another sum of Rs.3,020/- was withdrawn, at 10:30:52 another sum of Rs.1,020/- was withdrawn and at 11:13:28 another sum of Rs.3,020/- was withdrawn as per page 3 of Ex.B1 which is the transaction extract of the complainant’s account. The argument of the complainant’s counsel that the said transactions did not take place cannot be considered as ATM Card was with the complainant himself and the said transactions had taken place on the same day. But due to some error in the print out slip which was received by the complainant after the transaction had shown balance as Rs.23,440.63. Taking this as advantage the complainant cannot claim the said amounts. The said fact that there were 5 consecutive transactions were informed to the complainant by the opposite party when the complainant made a complaint to the opposite party. The arguments of the complainant that though the complainant has made a complaint on 11-10-2013 there was no response from the opposite party cannot be considered because the opposite party has clarified the same when the complainant made a complaint immediately after the said transaction but the written complaint was made on 11-10-2013, which is marked as Ex.A3 i.e. the complainant made a complaint after a lapse of 8 months from the date of alleged date of transaction for which the complainant has not given any proper explanation. Hence we are of the view that the alleged transaction of withdrawing of amounts from the said ATM Centre were made by the complainant himself and the opposite party is not liable to repay the said amount of Rs.13,108/- as claimed by the complainant. In the above circumstances, there is no deficiency of service on the part of the opposite party and they are not liable to pay any compensation towards mental agony also.
13. POINT NO.2 – In the result, the complaint is dismissed without costs.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 20th day of May, 2014.
Sd/- Sd/-
LADY MEMBER, PRESIDENT (FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU. ANANTHAPURAMU.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT: ON BEHALF OF THE OPPOISITE PARTY
-NIL- - NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 - Photo copy of S.B.Account Pass Book bearing No.038510011032950 issued by
Andhra Bank, New Town Branch, Ananthapuramu.
Ex.A2 - Photo copy of SBI ATM Slip dt.19-02-2013.
Ex.A3 - Photo copy of complaint dt.11-10-2013 submitted by the complainant to the
Opposite party.
Ex.A4 - Office copy of legal notice dt.25-11-2013 got issued by the complainant to the
Opposite party.
Ex.A5 - Postal acknowledgment signed by the opposite party.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY
Ex.B1 – Transactions enquiry extract relating to the complainant issued by the opposite
Party.
Ex.B2 - Photo copy of Journal log relating to transactions through ATM
Sd/- Sd/-
LADY MEMBER, PRESIDENT (FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU. ANANTHAPURAMU.
Typed by JPNN
