West Bengal

Kolkata-I(North)

CC/12/137

Abul Kalam - Complainant(s)

Versus

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

18 Mar 2014

ORDER

Consumer Disputes Redressal Forum, Unit-1, Kolkata
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site : confonet.nic.in
 
Complaint Case No. CC/12/137
 
1. Abul Kalam
37/4A/H/13, Kabitirtha Sarani, Kolkata-700023.
Kolkata
WB
...........Complainant(s)
Versus
1. Branch Manager, Khiderpore, State Bank of India
78, D.H. Road, Kolkata-700023.
Kolkata
WB
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Order No.    19     Dated   18-03-2014.

 

            The case of the complainant in short is that the complainant is customer in respect of his saving account number 20008641313. Complainant obtains ATM Debit Card being no.6220180333400032475 in repect of his saving account number 20008641313. After receiving the complain letter from o.p. dt.20.2.12 bank made enquiry in this matter and came to know that on 20.2.12 at about 11:28:06 hours a sum of Rs.20,000/- and 11:30:49 hours a sum of Rs.20,000/- was withdrawn from ATM machine being No.S10B000018056 from A/C No.20008641313 through ATM Card being No.6220180333400032475.

                O.p. did not contest the case by filing w/v and matter was heard ex parte against the o.p.

Decision with reasons:

                Complainant stated and submitted that without ATM card and secret PIN number no transaction can be made. So allegations of harassment and deficiency of service does not maintainable at all. In addition complainant stated and submitted that the complainant filed this type of frivolous or vexatious complaint to obtain illegal gains by claiming the sum of Rs.40,000/- along with Rs.10,000/- for harassment and Rs.20,000/- as compensation  and the said claim is liable to be rejected. Hence, the case was filed by the complainant with the prayers contained in the petition of complaint.

                We have gone through the evidence and the materials on record and we find that a sum of Rs.20,000/- each was withdrawn as against ATM card of the complainant. It is well settled principle of law that the Pin Code is supposed to be known only by the complainant, if not shared to any other party. In the contest of the above we find that the complainant has failed to prove his case beyond all reasonable doubt and we find no deficiency on the part of o.p. and the case is liable to dismissed.

                Hence, ordered,

                That the case is dismissed ex parte against the o.p. without cost.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER

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