Jharkhand

Bokaro

CC/128/2022

Raj Nandan Singh - Complainant(s)

Versus

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

02 May 2023

ORDER

1. Complainant’s case in brief is that he is maintaining bank account No. 485810110000340 with ATM facility in the Bank of India D.C. Office Bokaro Branch. Further case is that on 04.05.2022 complainant went at SBI ATM Machine of Usha Petrol Pump at about 07:00 A.M. for withdrawal of Rs. 10,000/- through ATM Card but only Rs. 3000/- was paid and remaining amount was not paid to the complainant inspite of showing the transaction successful. Matter was reported online and written application was also given on same day to the Branch Manager who later on informed that SBI has not provided video  footage hence he is unable to refund the money. Hence this case has been filed with prayer to direct the O.Ps. to refund the balance money and to pay Rs. 5000/- as compensation.
2. Inspite of due service of notice O.P. No.2 not appeared before the Commission and inspite of appearance O.P. No.1 has not filed W.S. hence vide order dt. 24.11.2022 case is proceeding ex-parte against O.P. No.2 and O.P. No.1 has been debarred from filing W.S.
3. However, O.P. No.1 has filed written notes of arguments with copy of some papers mentioning therein that as per record transaction is successful and as per record total 20 notes of five hundred each have been paid to the complainant hence case is liable to be dismissed.
4. On perusal of the materials available on record it appears that complainant has filed photo copy of letter dt. 18.05.2022 and 08.06.2022 addressed to the Branch Manager, Bank of India, D.C. Office Branch and ATM transaction related document provided by the Bank to the complainant. As per both applications complainant received Rs. 3000/- only instead of Rs. 10,000/- and as per transaction detail on 05.04.2022 there was withdrawal of Rs. 10,000/- through ATM Card during which total 20 notes of five hundred each have been disbursed by the ATM machine.
5. O.P. has filed photo copy of account statement of the complainant, photo copy of correspondence related to ATM Cell, photo copy of re-checking claim, photo copy of rejection of claim letter and photo copy of JP Log report. On perusal of all these documents it shows that Rs. 10,000/- has been debited from the account of the complainant on 04.05.2022 as ATM withdrawal. As per bank digital banking department ATM Cell has rejected the claim of the complainant after verification of all records. As per JP Log dispense of the cash has been completed and total 20 notes of five hundred each have been dispensed during ATM transaction of the complainant.
6. On careful perusal of the evidence available on record it is apparent that complainant is not  able to establish that he has not received Rs. 7000/- from the ATM machine concerned. Therefore, we are of the view that complainant is not entitled to get relief as prayed.  Accordingly this case is dismissed.