BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.325 of 2015

Date of Instt. 04.08.2015

Date of Decision :24.05.2016

Satpal Sharma aged about 72 years son of Sidhu Ram R/o House No.604, Karol Bagh, Back Side Lawrence International School, Jalandhar.

..........Complainant

Versus

Axis Bank Ltd, SCO-30-31, Guru Ram Dass Divine Tower, Opposite Mini Secretariat, Jalandhar through its Branch Manager.

.........Opposite party

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.BS Saini Adv., counsel for the complainant.

Sh.Akhil Chopra Adv., counsel for the OP.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite party on the averments that complainant has account No.155010100068536 in the OP bank with facility of ATM Card. The complainant used to withdraw the amount from the aforesaid account through AMT Card facility. The complainant was sent on duty to Bathinda from September 2014 to 5.10.2014. Complainant submitted that money from the account of the complainant has been withdrawn by some unknown person through ATM on 15.9.2014 in 4 transactions amounting of Rs.31,000/- and on 18.9.2014 in 4 transactions amounting of Rs.35,000/-. In all a sum of Rs.66,000/- has been withdrawn by some person illegally from the account of the complainant on aforesaid dates and the OP bank debited these amounts to the account of the complainant. When the complainant came to know about this incident then he moved application to the manager of the OP bank on 9.10.2014. Complainant also reported the matter to the police and the police of PS Raman Mandi, Jalandhar has demanded CCTV footage of 15.9.2014 and 18.9.2014 of the ATM machine used by persons/accused to withdraw the aforesaid amount from the account of the complainant from the OP bank but OP bank did not provide the CCTV footage and submitted that the amount was withdrawn from the ATM machine of Central Bank of India, Bathinda and Bank of India Branch at Chandigarh. The OP also did not refund these amounts to complainant. On such averments, the complainant has prayed for directing the OP to refund the amount of Rs.66,000/- illegally debited to the account of the complainant alongwith interest. He has also claimed compensation and litigation expenses.

2. Upon notice, OP appeared and filed written reply pleading that a sum of Rs.31,000/- has been withdrawn through ATM Card of the complainant on 15.9.2014 at Chandigarh and sum of Rs.35,000/- has been withdrawn through ATM Card of the complainant on 18.9.2014 at Bathinda. These transactions were successful and these amounts have been depicted in the statement of account of the complainant. Complainant came to know about these transactions of 15.9.2014 and 18.9.2014 but he filed application/ complaint in this regard with the OP bank on 9.10.2014 i.e. after a lapse of a period of 21 days. OP submitted that the record of the CCTV footage is being maintained for the maximum period of 90 days. Moreover, no withdrawals have been made at Jalandhar branch, so as to enable the OP to provide any sought CCTV footage to the complainant. OP denied other material averments of the complainant.

3. In support of her complaint, complainant has tendered into evidence affidavits Ex.CA and Ex.CB alongwith copies of documents Ex.C1 to Ex.C5 and closed evidence.

4. On the other hand, learned counsel for the OP has tendered affidavit Ex.OPA alongwith copies of documents Ex.OP-1 and Ex.OP-2 and closed evidence.

5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant has account No.155010100068536 in the OP bank with facility of ATM Card. The complainant used to withdraw the amount from the aforesaid account through AMT Card facility. The complainant was sent on duty to Bathinda from September 2014 to 5.10.2014. Complainant submitted that money from the account of the complainant has been withdrawn by some unknown person through ATM on 15.9.2014 in 4 transactions amounting of Rs.31,000/- and on 18.9.2014 in 4 transactions amounting of Rs.35,000/-. In all a sum of Rs.66,000/- has been withdrawn by some person illegally from the account of the complainant on aforesaid dates and the OP bank debited these amounts to the account of the complainant as is evident from the statement of account Ex.C1. When the complainant came to know about this incident then he moved application to the manager of the OP bank on 9.10.2014 Ex.C2. Complainant also reported the matter to the police and the police of PS Raman Mandi, Jalandhar has demanded CCTV footage of 15.9.2014 and 18.9.2014 of the ATM machine used by persons/accused to withdraw the aforesaid amount from the account of the complainant from the OP bank but OP bank did not provide the CCTV footage and submitted that the amount was withdrawn from the ATM machine of Central Bank of India, Bathinda and Bank of India Branch at Chandigarh. The OP also did not refund these amount to complainant. Learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OP qua the complainant.

7. Whereas the case of the OP is that a sum of Rs.31,000/- has been withdrawn through ATM Card of the complainant on 15.9.2014 at Chandigarh and sum of Rs.35,000/- has been withdrawn through ATM Card of the complainant on 18.9.2014 at Bathinda. Statement of account in this regard is Ex.C1 and these transactions were successful and these amounts have been depicted in the statement of account of the complainant Ex.C1. Complainant came to know about these transactions of 15.9.2014 and 18.9.2014 but he filed application/ complaint in this regard with the OP bank on 9.10.2014 i.e. after a lapse of period of 21 days. Learned counsel for the OP submitted that complainant was in exclusive possession of ATM Card. He was also in exclusive possession of secret PIN Code and without the availability of both these ATM Card as well as PIN Code, the amount can not be withdrawn from the account of the complainant through ATM. The complainant himself in his complaint dated 9.10.2014 Ex.C2 has stated that his ATM Card was stolen by some unknown person in September, 2014 but he neither lodged any report with the police regarding the loss of his ATM Card nor he reported the matter to the OP in the month of September, 2014 when his ATM Card was stolen by some unknown person nor he requested to block the aforesaid ATM Card, to the OP bank. The complainant fully knowing that some person has taken away his ATM Card and he might have told/ disclosed his secrete PIN Code to that person that is why the said person had taken away the aforesaid amount from the account of the complainant by using ATM Card as well as secret PIN code of the complainant. The complainant has also lodged complaint with the police but police has not yet registered the case. Learned counsel for the OP submitted that at the most the present case many be a case of cyber crime but there is no deficiency of service on the part of the OP qua the complainant.

8. From the entire above discussion, we have come to the conclusion that complainant has account No.155010100068536 in the OP bank with facility of ATM Card and the complainant used to withdraw the amount from the aforesaid account through AMT Card. The complainant has also submitted that he was sent on duty to Bathinda from September 2014 to 5.10.2014. An amount of Rs.31,000/- was withdrawn from the aforesaid account of the complainant through ATM Card on 15.9.2014 in 4 transactions at ATM machine at Phoos Mandi Branch, Chandigarh and an amount of Rs.35,000/- was withdrawn from the aforesaid account of the complainant on 18.9.2014 in 4 transactions at ATM machine of HBN Colony Branch, Bathinda. The complainant came to know about these transactions but he filed complaint to the OP on 9.10.2014 Ex.C2 in which complainant himself has stated that in the last month i.e. September, 2014 some person has stolen his ATM Card and withdrew Rs.66,000/- from the account of the complainant on 15.9.2014 at Chandigarh and 18.9.2014 at Bathinda. These transactions took place on 15.9.2014 and 18.9.2014 but the complainant filed the complaint to the OP for the first time on 9.10.2014 i.e. after a lapse of a period of 21 days to the effect that some unknown person has withdrawn the aforesaid amount from the account of the complainant through ATM Card facility. The complainant himself has stated that his card was stolen by some unknown person in September, 2014. He never lodged any complaint to the OP bank to close ATM Card facility nor the complainant has lodged any complaint with the police to the fact that some person has stolen his ATM Card but even thereafter ATM Card was received by the complainant and how it came to the possession of the complainant? It is clear that ATM Card was with the complainant and the secret PIN Code was also known to the complainant and no person can withdraw any amount from the account of the complainant without the use of ATM Card and secret PIN Code which were only in possession/knowledge of the complainant exclusively. If some person has stolen the ATM Card of the complainant in September, 2014 but he did not lodge complaint in this regard with the police and why he did not close the ATM Card facility immediately when he came to know that his card was stolen by some unknown person in September, 2014. It is surprising how, thereafter, ATM Card again came to the possession of the complainant? So, this present case may be a case of cyber crime and the police is investigating into the case but certainly there is no deficiency of service on the part of the OP because the complainant himself is negligent in properly handling the ATM Card and the secret PIN Code.

9. Resultantly, we do not find any merit in this case and same is hereby dismissed. However, the OP is directed to provide all the proper material/facility to the police in the investigation of the aforesaid case. Keeping in view the peculiar circumstances of the case, parties are left to bear their own cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

24.05.2016 Member President