Jharkhand

Bokaro

CC/45/2022

Swantantra Prakash Gautam - Complainant(s)

Versus

Branch Manager, Bank of India - Opp.Party(s)

17 Aug 2022

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Case No. 45/2022

  Date of Filing-21-03-2022

 Date of Order-17-08-2022

Swantantra Prakash Gautam,

Joint District Agrucultaure Office Puruliya Raod Chas, Bokaro.

                                      Vr.

Branch Manager, Bank of India, Sector-9, Bokaro Steel City.

Present:-

          Shri Jai Prakash Narayan Pandey, President

          Shri Bhawani Prasad Lal Das, Member

                                                -Order-

1. Complainant has filed this case with prayer for direction to O.P.  to pay Rs. 10,000/- the amount related to failed ATM transaction and to direct the O.P. (Branch Manager, Bank of India, Sector-9, B.S.City, Bokaro Branch, Jharkhand) and to pay compensation and litigation cost.
2. Complainant’s case in brief is that he is having savings bank account No. 479510110009979 at Bank of India Sector-9, Bokaro Steel City Branch. It is alleged that on 19.12.2020 complainant attempted to withdraw Rs. 10,000/- through ATM Machine of SBI, Padarouna under district Kushi Nagar of U.P. but inspite of completion of all procedures cash was not delivered rather there was debit of said amount from the account of the complainant. Further case is that on 31.12.2020, 30.03.2021 and on 27.05.2021 repeated complaints were made in the branch of Bank of India, Sector-9, thereafter, on 06.04.2021 complaint was made to the Regional Office, Bokaro of Bank of India having no impact. On repeated contact with the bank officials it was being replied that now complainant will get no money because he has already received amount from the ATM machine. Inspite of demand of CC TV footage in proof regarding payment it has not been provided, lastly complainant made request on 03.02.2022 sent through speed post having no impact hence this case has been filed.
3.  Inspite of due service of notice which was received on 27.04.2022 by the O.P. non appeared on behalf of O.P. hence vide order dt. 05.08.2022 case is being proceeded ex-parte against O.P.
4. In support of contention of the complaint petition complainant has filed photo copy of letter dt. 03.02.2022, 27.05.2021 written to the O.P. by the complainant in respect to his grievance and both are Annexure 1 & 2. Annexure -3 is photo copy of reply given by O.P. through which it has been intimated that for CCTV footage steps have been taken by writing letters to concerned department. Annexure-4 is photo copy of intimation dt. 20.05.2021 by which complaint of the complainant regarding unsuccessful ATM withdrawal has been closed. Annexure-5 is photo copy of the letter dt. 06.04.2021 written by the complainant to the Regional Office of Bank of India, Bokaro and Annexure-6 is photo copy of letter dt. 30.03.2021 written to the O.P. by the complainant, similarly annexure-7 is photo copy of the print out of online complain dt. 14.01.2021 through which complaint regarding deduction of Rs. 10,000/- on account of failed ATM transaction has been communicated to the competent authority. Annexure-8 is the photo copy of the passbook of above mentioned account of the complainant which shows that on 19.12.2020 Rs. 10,023.60 has been deducted from his account on account of failed ATM transaction.
5.  From perusal of all the papers produced by the complainant it appears that Savings Account No. 479510110009979 at Bank of India Sector-9, Bokaro Steel City Branch is belonging to the complainant. Further it has been proved that on 19.12.2020 complainant has made transaction through ATM of SBI, Padarouna, Kushi Nagar, U.P. but he could not get the cash received. Annexure-7 is proving the fact that Rs. 10,000/- was the transaction amount which was not completed. However, said amount has been debited from the account of the complainant. On the other hand there is no evidence on behalf of O.P. Bank to disprove the case of the complainant.
6.  At this place we would like to extract relevant portion of the guidelines issued by RBI in respect to such type of the cases.  As per letter no. RBI/2019-20/67 DPSS. CO.PD No. 629/02.01.014/2019-20 dated Sept 20, 2019 At Para no. 2 it has been mentioned that “It has been observed that a large number of customer complaints emanate on account of unsuccessful or ‘failed’ transactions. Failure could be on account of various factors not directly attributable to the customer such as disruption of communication links, non-availability of cash in ATMs, time-out of sessions, non-credit to beneficiary’s account due to various causes, etc. Rectification/ Compensation paid to the customer for these ‘failed’ transactions is not uniform”.
7. In that very letter time prescribed for redressal of the grievance related to customers account debited but cash not dispensed is within maximum of the date of the transaction +  five days, there after compensations @ Rs.100/- per day is to be paid to the credit of the account holder.
8. In the said letter as per RBI guideline a ‘failed transaction’ is a transaction which has not been fully completed due to any reason not attributable to the customer such as failure in communication links, non-availability of cash in an ATM, time-out of session, etc. Failed transactions shall also include the credits which could not be effected to the beneficiary account on account of lack of full information or lack of proper information and delay in initiating a reversal transaction.
9.  In light of above discussion as well as from perusal of guidelines issued by the RBI and the documents produced by the complainant we are of the view that complainant has prima-facie proved his case for the relief for which case has been filed. There is no evidence from the O.P. to prove that alleged ATM transaction was complete. No any CCTV footage has been provided by the O.P. to show that complainant has received the cash as per alleged transaction. There is no evidence by the O.P. that concerned ATM was not having surplus amount than the amount related to successful transactions. In this way, there is nil evidence from the bank to controvert the claim of the complainant. Therefore, we are of the opinion that there is deficiency in service by the O.P. hence complainant entitled to get relief as claimed.
10. Accordingly, claim of the complainant is being allowed and O.P. No.1 (Branch Manager, Bank of India, Sector-9, B.S. City, Bokaro Branch) is directed to pay Rs. 10,000/- to the complainant within 60 days from the date of receipt or production of this order and also to pay Rs. 5000/- as compensation and Rs. 1000/- as litigation cost within above mentioned period, failing which he will pay interest thereon @ 10% per annum from 21.03.2022 (the date on which complaint was filed). Let a copy of this order be provided to both the parties free of cost.