Andhra Pradesh

Visakhapatnam-II

CC/140/2011

Akkireddi Appala Raju - Complainant(s)

Versus

Andhra Bank - Opp.Party(s)

Karidla Prasada Rao

27 Jan 2015

ORDER

Reg.of the Complaint:18-04-2011

                                                                                                                                 Date of Order:27-01-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

 

 

TUESDAY, THE 27^TH DAY OF JANUARY, 2015

CONSUMER CASE NO.140/2011

 

BETWEEN:

 

SRI AKKIREDDY APPALA RAJU S/O APPA RAO,

HINDU, AGED 35 YEARS, R/AT AKKIREDDIPALEM VILLAGE,

GURRAMPALEM PANCHAYAT, PENDURTHI MANDAL,

VISAKHAPATNAM DISTRICT.

…COMPLAINANT

AND:

1.ADNHRA BANK, REP.BY ITS BRANCH MANAGER,

PENDURTHI BRANCH, VISAKHAPATNAM.

2.ANDHRA BAN, REP. BY ITS ZONAL MANAGER,

VISAKHAPATNAM.

3.STATE BANK OF INDIA, REP BY ITS BRANCH MANAGER,

PENDURTHI BRANCH, VISAKHAPATNAM.

 

 

OPPOSITE PARTIES

 

This case coming on 12-01-2015 for final hearing before us in the presence of SRI K.PRASADA RAO, Advocate for the Complainant and of SRI C.V.S.L.RAJU,  Advocate for the Opposite Parties 1 & 2  and of SRI K.M.GUPTA, Advocate for the 3^rd Opposite Party, being exparte and having stood over till this date for consideration, this Forum made the following.

 

ORDER

(As per the Honourable President on behalf of the Bench)

1.       The Complainant filed the present complaint, directing the Opposite Parties to credit the amount of Rs.23,000/- along with interest @ 24% p.a., from 06-12-2009 in his account bearing No.142610011002902 till the date of realization Rs.50,000/- towards compensation for causing mental agony and costs of this complaint.

2.       The case of the complainant in brief is that he is having S.B. Account bearing No. 142610011002902 with the 1^st Opposite Party Branch since 5 years and in the month of August, 2009 ATM facility was provided and on 24-08-2009 he went to SBI ATM at Pendurthi Branch to withdraw amount and when he inserted the ATM card, the machine displays the PIN  is wrong inspite of repeated attempts made by him having no other go, he approached the 1^st OP and informed the same for which, they stated, there is no chance of giving wrong PIN and assured him that they will rectify and that after one month when he again went to ATM and tried to withdraw the amount, the ATM machine displays the PIN number is wrong and as such, he did not use the ATM card and used to withdraw the amount through withdrawal forms.

3.       That on 29-03-2010, he went to the Branch of OP1 and enquired about the balance in the account  for withdrawal of the same, but he was shocked and surprised to hear the words of the OP1 that there was no balance in the account and on enquiry, he came to know that on 6-12-2009 after noon, an amount of Rs.23,000/- was withdrawn  from his account through ATM on 3 times, i.e., Rs.8,000/-, Rs.10,000/- and Rs.5,000/- respectively and on the same day, he gave complaint to OP1 requesting him to see that the amount of Rs.23,000/- was credited to his account and the 1^st OP assured him that he will pursue the same, but in vain and that he contacted the first OP several times personally but, there was no response even through helpline and again on 08-07-2010, he lodged a complaint with OP1 but no steps are taken by him till this date. Hence, this complaint.

4.       The case of the 1^st Opposite Party adopted by the 2^nd OP, denying the material averments of the complaint, is that they have provided ATM card to the complainant along with PIN number to facilitate him for withdrawal of cases from any of its ATMs free of cost. That the card holder can get the amount from ATM only if he puts the ATM card and after mentioning the PIN number i.e., for getting amount, the person must process the ATM card as well as the PIN Number and that the complainant was in possession of the ATM Card and its PIN Number and as such, withdrawing the amount in question from ATM without having the ATM card is impossible and as such the contention of the complainant that without his knowledge, amount was withdrawn by using his ATM is not true.

5.       That on receipt of notice, they informed the complainant the same fact and having satisfied with explanation given by them, he kept quiet. Therefore, there is neither negligence nor deficiency of service on their part. For these reasons, the complaint is liable to be dismissed.

6.       The case of the 3^rd OP, denying the material averments is that the ATM card is issued by the OP -1 to the complainant was operated in their ATM Branch and the transactions were successful as per records. As such, the complainant has grievance, if any, it is against the OPs 1 and 2 only but not against them. For that, the complainant has not sought any relief against them. After impleading, there is no brevity of contract between him and this OP and there is no deficiency of service by them. For these reasons, the complaint is liable to be dismissed.

7.       The prove the case of the OPs, they filed their Evidence Affidavits and no evidence affidavits filed by the Complainant even though several adjournments were given to him and on behalf of the complainant, Exhibits A1 to A11 and on the other hand, no documents were marked on behalf of the OPs.

8.       Exhibit A1 is the Bank Pass Book of the complainant dated 13-04-2005,  Exhibit A2 is the Andhra Bank Cash ATM, Exhibit A3 is the Andhra Bank Debit Card, Exhibit A4 is the ATM slip dated 20-05-2010, Exhibit A5 is the complaint lodged with the 1^st OP, dated 29-03-2010, Exhibit A6 is the complaint lodged with the 1^st OP, dated 08-07-2010, Exhibit A7 is the statement of account dated 07-05-2010, Exhibit A8 is the Registered Lawyer’s Notice dated 24-09-2010, Exhibit A9 is the Acknowledgement from OP2 dated 25-09-2010, Exhibit A10 is the Letter dated 25-10-2010 addressed to Senior Superintendent of Post Offices, Exhibit A11 is the Letter dated 27-10-2010 addressed by Senior Superintendent of Post Office.

9.       Opposite Parties 1, 2 and 3 filed their respective Written arguments. No written arguments are filed on behalf of the complainant.

10.     Heard oral arguments of the Opposite parties.

11.     In view of the respective contentions raised by either side, the point that would arise for determination in this case is;

Whether there is any deficiency of service on the part of the OPs and the complainant is entitled to any reliefs asked for?

12.     Now the dispute is whether the ATM facility provided to the complainant is properly working or not. It is not the case of the complainant that the ATM facility provided to him that is; the relevant card was stolen by some body and that it was used by some others while it was in his custody.  It is a fact that the card holder can get the amount through ATM only, if he puts the ATM Card and after pressing the PIN Number for getting amount, the complainant himself possessed the ATM card and its PIN Number. It is not the case of the complainant hat he gave the ATM Card and PIN No. to some of his colleagues or friends, as a result cash was withdrawn from his account.  Therefore, withdrawing the amount through ATM without having the ATM Card is impossible, as such, the contention of the complainant that without his knowledge, amount was withdrawn by using ATM card, holds no water. For these reasons, it can be held that there is neither negligence nor deficiency of service on the part of the OP.

13.     For these reasons, we are of the considered view that the complaint filed by the complaint, deserves to be dismissed.

16.   In this result, this complaint is dismissed, no costs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 27^th day of January, 2015.

   Sd/-                     Sd/-                           Sd/-

LADY MEMBER                                    M.MEMBER                                                    PRESIDENT

 

 

 

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits	Date	Description	Remarks
A-1	13-04-2005	Bank Pass Book of the complainant	Photostat Copy
A-2		Andhra Bank Cash ATM	Photostat Copy
A-3		Andhra Bank Cash ATM	Photostat Copy
A-4	20-05-2010	ATM slip	Original
A-5	29-03-2010	Complaint lodged with 1st OP	Photostat copy
A-6	08-07-2010	Complaint lodged with the 1st OP	Photostat copy
A-7	07-05-2010	Statement of account	Original
A-8	24-09-2010	Registered Lawyer’s Notice	Office copy
A-9	25-09-2010	Acknowledgement from OP2	Original
A-10	25-10-2010	Letter addressed to Sr.Superintendent of  Post Offices	Office copy
A-11	27-10-2010	Letter addressed by Sr.Superintendent of Post Offices	Original

 

Exhibits Marked for the OPs       -nil-

 

     Sd/-                                     Sd/-                                                          Sd/-

LADY MEMBER                                 M.MEMBER                                                 PRESIDENT