District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 479/2020
Date of Institution:11.12.2020.
Date of Order:26.07.2023.
Smt. Usha Verma wife of Shri Dhani Ram Advocate resident of House No. 517, Arya Nagar Ballabgarh, District Faridabad, Mobile No. 9873399972.
…….Complainant……..
Versus
1. Axis Bank, Ballabgarh SCO No. 40, Market No.7, Faridabad through its Branch Manager/Authorized Signatory.
2. State Bank of India, Branch-Kama Rajasthan through its Branch Manager/Authorized person.
…Opposite parties
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Dhani Ram, counsel for the complainant.
Sh. J.S.Yaduvanshi, counsel for opposite partyNo.1.
Opposite party No.2 ex-parte vide order dated 21.12.2022.
ORDER:
The facts in brief of the complaint are that the complainant was holder of saving bank account No. 61151666019 which was issued by the State Bank of India and also having a ATM card which was issued by the State Bank of India in the name of the complainant and the complainant time to time regularly and continuously maintaining the said ATM card as well as saving account number. On5.9.2018 the complainant was in need of the amount of Rs.30,000/- and then the husband of the complainant went in Axis ATM machine which was situated at Gupta Hotel Mohna Road, Baalabgarh and before reaching of the husband of the complainant one another person also trying to getting the amount from the above said machine and then the husband of the complainant one another person also trying to getting the amount from the above said machine and then the husband of the complainant inserted ATM card on the said machine but the amount could not be received by the husband of the complainant and then unknown person taken the ATM card from the husband of the complainant and unknown person try to get the amount from the said ATM machine and unknown person changed the ATM card of the complainant and given the fake ATM card to the husband of the complainant and the unknown person taken the original ATM card of the complainant immediately and whose person intentionally and knowingly withdrawn the amount of Rs.30,000/- from the above said machine regarding this incident the husband of the complainant moved an application city Ballabgarh then an FIR No. 839/06.09.2018 under section 420, 406 IPC P.S.City Ballabgarh was registered. The amount of Rs.30,000/- had been deducted from the account of the complainant. The said amount of the complainant was had earned money. The complainant requested to the opposite parties to deposit the amount of Rs.30,000/- in the account of the complainant but the opposite parties linger on the matter on one pretext to the another. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) deposit the amount of Rs.30,000/- alongwith interest in account of the complainant bearing NO. 611516660119 which had been intentionally and knowingly had been withdrawn in the account of the complainant due to the negligency on the part of the opposite parties.
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that the complainant herein was an account holder of opposite party No.2 vide account No. 61151666019 and it appears provided the ATM card by the opposite party No.2 Bank vide ATM card No. 6522 2882 3820 2437. It was submitted that as per the understanding between the answering opposite parties Nos.1 & 2, the customer of the opposite party No.2 and use the ATM services of the opposite party No.1. The complainant was not a consumer of the opposite party No.1 although the complainant was using his ATM card at the ATM Center of this opposite party for this withdrawing money. There was not privity of contract between this opposite party and the complainant. The gist of the complainant’s case was that the complainant handed over her ATM card to her husband Shri Dhani Ram Verma for withdrwal of cash from her saving account and Shri Dhani Ram Verma visited the ATM of the opposite party No.1 on 05.09.2018 for withdrawal of Rs.30,000/- and he inserted the ATM card in the machine but the amount could not be withdrawal and thereafter Shri Dhani Ram Verma handed over ATM card of the complainant to unknown person who also tried to withdraw the amount but the amount was not dispensed with. In the meanwhile, the said unknown person exchange the ATM card and went away and thereafter the complainant and her husband came to know that the said unknown person had withdrawn Rs.30,000/- from the saving account of the complainant. Further as per the records of the answering opposite party No.1, the transaction of withdrawal of Rs.30000/- was successful and valid. It was submitted that the EJ file in the ATM was the final proof of the authenticity of the transaction accepted across the world by all banks. It could not be manipulated by any person in any way whatsoever, The ATM machine were installed by various banks throughout the country. These ATM machines were supported by the highest technology and excellent surveillance. Thousands and thousands of account holder utilize ATMs and the machines had never failed to show the correct deposit or withdrawal. The EJ revealed that the transaction had been successfully carried out and cash had been successfully withdrawn. The records and the EJ file clearly prove that the amount in question were dispensed by the ATM machine. Further it was submitted that several customers had withdrawn money from the ATM before and after the complainant and none of them made any complaint of not receiving the cash from the said ATM. It was submitted that the PIN issued to the cardholder would be known only to the cardholder and were for the personal use of the cardholder. The same were nontransferable and strictly confidential. Opposite party No. 1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Notice issued to opposite party No.2 on dated 18.11.2022 not received back either served or unserved. Tracking details filed in which it had been mentioned that “Item Delivery Confirmed”. Mandatory Period of 30 days expired. Hence, opposite party No.2 was hereby proceeded against ex-parte vide order dated 21.12.2022.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties–Axis bank & Ors. with the prayer to: a) deposit the amount of Rs.30,000/- alongwith interest in account of the complainant bearing NO. 611516660119 which had been intentionally and knowingly had been withdrawn in the account of the complainant due to the negligency on the part of the opposite parties. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment . c) pay Rs. 11,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Usha Verma, Exs.C-1 – Bank statement, Ex.C-2 – Antim report, Ex.C-3 – untraced report, Ex.C-4 – letter dated 06.09.2018 to Branch Manager, Axis Bank.
On the other hand counsel for the opposite party No.1 strongly agitated and opposed. As per the evidence of the opposite party No.1 Ex.RW1/A – affidavit of Shri Tarun Tiwari Operation, Head Axis Bank Ltd., Sector-7, Faridabad, Ex.R-1 – untraced report,, Ex.R-2 – Antim report.
7. In this case, the complainant handed over her ATM card to her husband Shri Dhani Ram Verma for withdrwal of cash from her saving account and Shri Dhani Ram Verma visited the ATM of the opposite party No.1 on 05.09.2018 for withdrawal of Rs.30,000/- and he inserted the ATM card in the machine but the amount could not be withdrawal and thereafter Shri Dhani Ram Verma handed over ATM card of the complainant to unknown person who also tried to withdraw the amount but the amount was not dispensed with. In the meanwhile, the said unknown person exchange the ATM card and went away and thereafter the complainant and her husband came to know that the said unknown person had withdrawn Rs.30,000/- from the saving account of the complainant. Further as per the records of the answering opposite party No.1, the transaction of withdrawal of Rs.30000/- was successful and valid. The EJ file in the ATM was the final proof of the authenticity of the transaction accepted across the world by all banks. Shri Dhani Ram Verma also lodged FIR NO. 839/18 u/s 406, 420 IPC against the said unknown person in Police Station City Ballabgarh. Later on untraced report wasfiled in the court of Shri rakesh Kadiyan, JMIC Faridabad. Further in the said FIR there is no allegation against the opposite party No.1.
8. After going through the evidence led by the parties, the Commission is of the opinion that it is admitted fact in para No.3 of the complaint that the complainant herself admitted this fact that she has given her ATM card to her husband for the withdrwal of the amount which is against the law. As per the RBI instructions, anyone can not disclose their secret PIN and OTP number to others. Hence, no deficiency in service on the part of the opposite parties have been proved. Resultantly, the complaint is dismissed. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 26.07.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
