West Bengal

Bankura

CC/43/2019

Miss Sritama Rana - Complainant(s)

Versus

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

13 Apr 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

  Consumer Complaint No. 43/2019

Date of Filing: 14.08.2019

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant:  Ld Advocate Jayanta Kumar Mukhopadhyay

For the O.P. Ld. Advocate Asim Kumar Mandal

Complainant  

Miss Sritama Rana, D/o Subrata Kumar Rana, Resident of Village Kanchanpur (Near Bus Stand), P.O. – Kanchanpur, P.S. & District Bankura, Pin – 722155.

Opposite Party          

Branch Manager, State Bank of India, Bankura Branch, Machantala, Bankura, P.O., P.S. & District Bankura, Pin – 722101.

 

FINAL ORDER / JUDGEMENT  

Order No.25

Dated:13-04-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument/Written argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The complainant’s case is that she has an S.B. Account with O.P./Bank No. being 34962692461 with ATM Card No. being 4592000170155713 but on 07-03-2019 the complainant received Text Message in her Cell Phone from the O.P. Bank that a sum of Rs. 40,000/- in two strokes of Rs.20,000/- each had been debited from the aforesaid Bank A/c through ATM, Patna. Next day the complainant lodged the complaint to the concerned Bank Authority and also lodged a complaint to the nearest P.S. at Hirapur Pakur, Jharkhand in regard to the ATM fraud which was treated as F.I.R.  In spite of the assurance of the Bank authority the complainant got no relief  and she has therefore approached this Commission for proper relief.

The O.P./Bank authority contested the case by filing a written version contending inter alia that the alleged amount has been withdrawn through ATM Patna and one Phulwarisharif received the same and as such the Bank has no liability to compensate the loss of the complainant even though intimation was given in due time according to Banking rules.   

                                                                                                                                                                                   Contd…….p/2

Page: 2

-:Decision with reasons:-

Having regard to the facts of the case, materials on record and submission and contention on both sides the Commission finds that both the transactions took place on 07-03-2019 at the ATM Counter, Patna. It naturally follows that ATM card of the complainant was used by applying the PIN code.

Ld. Advocate for the O.P. has referred to the Statement of A/c of the complainant from 07-02-2019 up to 07-03-2019 which shows that several transactions took place during that period for different amounts by way of Internet banking / UPI and also ATM withdrawal. None of these transactions has been challenged by the complainant except the transaction on 07-03-2019 whereby Rs.40,000/- in all has been withdrawn through ATM service. Cash withdrawn at the ATM centre of the same Bank presupposes that ATM card has been used by applying the PIN code and someone has operated the function. There is no material on record to show that the complainant did not part her ATM card with any well wisher or known person and CCTV footage can reveal the actual drawer of the money.

In absence of any CCTV footage there is no clue on the record to indicate that the alleged money has been withdrawn from the ATM counter at Patna by any person other than the complainant or her any trusted person. The Bank has no liability for such type of transaction where money is withdrawn from the ATM machine by the person other than the card holder as it involves a crime aspect which is beyond the scope of this Commission.

The complainant is not therefore entitled to get the relief as prayed for.

Hence it is ordered……..

That the case be and the same is dismissed on contest.

Both parties be supplied copy of this Order free of cost.  

 

 ____________________                ________________              _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER         HON’BLE MEMBER