Date of Filing; 16/07/2021
Date of Judgement: 05/07/2023
Mrs. Ashoka Guha Roy (Bera), Hon’ble Presiding Member
This complaint is filed by the complainant namely Ashoke Kumar Roy U/s. 35 of the Consumer Protection Act, 2019 against opposite parties namely Punjab National Bank and United Bank of India (referred as O.P. hereinafter) alleging deficiency in service on the part of the O.P.
The factual matrix of the case is that the complainant is a Pension Account holder with Punjab National Bank, Garia Branch, Kolkata – 700 084 and used ATM Card issued by the concerned Bank. On 10.01.2021 the complainant for his personal requirement went to withdraw a sum of Rs. 4,000/- from the ATM (UBI Bank), machine, at Shyamnagar Golghar, Dist. 24 Parganas (North) but unfortunately he did not get any amount from the said ATM but he received a message from the Bank A/c. followed by ATM Slip dated 10.01.2021 that the said amount has been debited from his A/c. The complainant lodged the complaint with the customer care section PNB over phone which was duly registered under complain No. 1002002975. On 17.01.2021 a message was received from the customer care that the complaint has been duly registered. Thereafter on 19.01.2021 the complainant wrote a letter to the Branch Manager, Punjab National Bank, Garia Branch stating regarding alleged fraudulent transaction along with a request for providing CCTV footage of the concerned date when the transaction took place but till date no steps were taken from their end, neither any initiation were taken to probe into the matter. Hence, being aggrieved by such negligent act of the OP Bank, the complainant was compelled to file the instant complaint against the OPs. The complainant also lodged complaint before the Joint Commissioner of Police, Crime Section, Lalbazar, on 22.02.2021 but it yielded no faithful result.
The complainant also reported the matter to the Bank Ombudsman at RBI on 28.02.2021 but without conducting proper investigation and interrogation the complaint was closed on 31.03.2021 by a message without assigning any reason. Thereafter the complainant also lodged a complaint with the Consumer Forum Helpline on 13.03.2021 being complain no. 2612739 dated 13.03.2021 but yielded no fruitful result.
That the complainant under such circumstances finding no other alternative has to come up with this application before the commission praying for an order directing the opposite party bank to pay the amount i.e. Rs. 4,000/- along with compensation of Rs. 100/- per day till the opposite party makes payment of the aforesaid amount of Rs. 4,000/- as per rule introduced by the RBI and further to pay a cost of Rs. 50,000/- as litigation cost.
In support of his complaint petition the complainant files the following documents.
- Xerox copy of voter card and Aadhar card of complainant.
- Xerox copy of A.T.M. slip and message (annexure ‘A’ & ‘A1’)
- Xerox copy of customer care rejected message (Annexure’B’)
- Xerox copy of letter to Punjab National Bank dated 19.01.2021 (Annexure ‘C’)
- Xerox copy of reminder letter to P.N.B. dated 29.01.2021 (Annexure ‘C1’)
- Xerox copy of letter to Jt. C.P. Kolkata Police dated 22.02.2021 (Annexure ‘D’)
- Xerox copy of letter to O.C. Jagaddal P.S. dated 24.02.2021 (Annexure ‘D1’)
- Xerox copy of complain to Banking Ombudsman dated 28.02.2021 (Annexure ‘E’)
- Rejected by Banking Ombudsman dated 31.03.2021 (Annexure ‘E1’)
- Xerox copy of letter to Consumer Helpline dated 31.03.2021 (Annexure ‘F’)
- Xerox copy of R.B.I. Rules (Annexure ‘G’)
- All e-mail correspondence (Xerox copy)
On perusal of the case record it appears that in spite of service of notice, the opposite parties did not turn up and thus by an order dated 08/06/2022 the case was directed to proceeded against the opposite party namely Punjab National Bank merged with the United Bank of India.
Since the OP Bank did not come forward to contest the case as such the contents of the complaint petition remains unchallenged.
So the only requires determination is whether any deficiency on the part of Banking authority in providing service to the complainant and whether the complainant is entitled to the relief as prayed for. These two points are taken together for the sake of convenience and brevity in discussion.
DECISION WITH REASONS
It is an admitted fact that on 10/01/2021 the complainant for his personal need owing to withdraw an amount of Rs. 4,000/- from the ATM (UBI Bank), machine, at Shyamnagar Golghar, Dist. 24 Parganas (North) which he actually did not receive from the said ATM but received only message from Bank Authority by ATM Slip dated 10/01/2021 that the said amount of Rs. 4,000/- has been debited from his account.
It is also a fact that the complainant never had shared his ATM Card to anyone nor has lost or parted with his ATM Card.
It is also a fact that the complainant within seven days from the date of this incident duly registered a complaint being no. with the customer care section, Punjab National Bank over phone being complaint no. 1002002975 dated 17/01/2021 and also wrote a letter to the Branch Manager of Punjab National Bank, Garia Branch on 19/01/2021 along with a request for providing CCTV footage of the concerned date when the transaction took place. The complainant also reported the matter at R.B.I. on 28/02/2021.
The Bank never took any initiative to probe into the matter nor they have provided any CCTV footage and the Bank Ombudsman has only given table report for closing the case without conducting proper investigation and interrogation.
One thing it is certain that where bank is providing service to its customer, it owes duty to exercise reasonable care to protect the interest of the customer. Needless to say that a bank owes a duty to its customers to take necessary steps to prevent unauthorized withdrawals from their accounts. It is the obligations of the bank for providing safe electronic banking environment to combat all forms of malicious conducts resulting in loss to their customers. The basis of the said obligation is the implied term in the contract entered into by the Banks with their customers to exercise care to protect their money from transactions not authorized by them. Thus there is no difficulty in holding that if a customer suffer loss in connection with the transactions made without his consent. It has to be presumed that it is on account of the failure on the part of the bank the loss was caused to the complainant.
Hence we are of the view that the opposite party Bank is responsible for the fraudulent use of the ATM Card, since it breached the security and safety in ATMs and is thus clearly a case of deficiency in service. As per banking rules after getting the information of fraudulent withdrawal of the money from the account the bank authority should investigate the matter properly and arrange to repayment of the same to the customer but the bank authority has not done anything as yet. As the OP Bank is refrained from challenging the complaint so there is no contrary material to counter or rebut the claim of the complainant. Thus we find that there is deficiency of service on the Bank which has been established. Thus bank is liable to the refund the complainant.
Hence,
ORDERED
That the complaint case bearing number CC/297/2021 is allowed exparte.
The OP is directed to pay Rs. 4,000/- along with interest @ 10% on the said amount within three months with effect from 10.01.2021 in default the entire sum shall carry interest @ 10% p.a. till realization.
The O.P. is further directed to pay a sum of Rs. 6,000/- as litigation cost to the complainant within the aforementioned date.
