1. The brief fact of the case of complainant is that he is a saving bank account holder under the O.Ps vide a/c no. 32671775603 and maintains regular transaction without any default.  It is alleged that on 21.01.2019 at about 11.50 P.M., he received one message on his mobile phone that an amount of Rs. 20,000/- each two times have been deducted from his above account. After 15 minutes i.e. on 22.01.2019 he received another message that an amount of Rs. 20,000/- each two times have been again deducted from his account and in the morning he informed the matter to the O.P. No. 1, since no action taken by O.P. No. 1, he presented a written complaint, whereas he was advised to wait for some days.After waiting for two days, since no action taken by the O.P. No. 1 he lodged a complaint with the Chitrakonda P.S. which was registered vide F.I.R. No. 10 dated 25.01.2019 u/s 379 of IPC r/w/s 66 of I.T. Act.Further it is alleged that on enquiry to the O.P. No. 1, who mishandled the Complainant and advised that as per direction of O.P. No.2, they cannot do anything, thus showing deficiency in service, he filed this case with a prayer to make direction the O.Ps to credit the lost amount with 12% interest and Rs.50,000/- and Rs. 10,000/- towards compensation and costs for mental agony and monetary loss, to him.
    
2. The O.Ps appeared in this case and filed their joint counter version admitting the debit of 4 nos of transaction from the account of the complainant but denied all the other allegations contending that all the transactions made through using ATM debit card made at CCPC ATM-II, Bhubaneswar which is only possible by sharing ATM Card details.  Further they have contended that since the facts are purely criminal in nature and the matter is under investigation by the Police, they do not have any liability in this case and with other contentions, showing their no liability, they prayed to dismiss the case against them.
    
3. Parties have filed certain documents in support of their submissions. 
   
   Complainant has filed documents like

1. Xerox copy of complaint addressed to O.P. No. 1 regarding theft of his amount from his account.
2. Xerox copy of plain paper F.I.R.
3. Xerox copy of F.I.R. vide no. 10 dated 25.01.2019.
4. Xerox copy of letter no. 138/Chitrakonda P.S. dated 25.01.2019 addressed to O.P. No. 1
5. Xerox copy of statement of account vide A/C No. 32671775603 showing the debit of Rs. 20,000/- each four times.
6. Xerox copy of Aadhaar Card no. 9385 4100 8759.
7. Xerox copy of bank pass book.
8. Xerox copy of transaction enquiry showing the debit of lost amount from SBI CPPC ATM II Bhubaneswar.

Whereas the O.Ps have filed only one document i.e.

i.  Xerox copy of transaction enquiry showing the debit of lost amount from SBI CPPC ATM II Bhubaneswar.

4. In this present case, it is an admitted fact that the Complainant is having one saving bank account with the O.Ps vide account no. 32671775603 and carrying on his transactions. It is also an admitted fact that in the midnight of 21.01.2019 and 22.01.2019, Rs. 20,000/- each on four times i.e. Rs. 80,000/- have been withdrawal from his account at CPPC ATM II Bhubaneswar for which the complainant made oral complaint, written complaint to the O.Ps and also lodged a complaint with the P.S., Chitrakonda which was registered u/s 379 IPC r/w/s 66 (D) of IT Act vide F.I.R. No. 10 dated 25.01.2019. It is also an admitted fact that inspite of letter received from the Chitrakonda P.S. vide their letter no. 138/Chitrakonda PS dated 25.01.2019 regarding asking for information about the video footage used by them at the concerned ATM counter, the O.Ps have not provided the same to the concerned P.S. till date.As per submissions of O.Ps, it is also ascertained that inspite of repeated approaches made by the Complainant, the O.Ps have not taken any steps to sort out the way to find out the lost amount of the Complainant.
    
5. From the documents filed by the parties, we come to a conclusion that the Complainant has lost Rs. 80,000/- in total from his saving account with the O.Ps.  It is also noticed that inspite of best efforts made by the Complainant, the O.Ps have not taken any steps to find out lost amount, whereas they have also been directed by the I.I.C., Chitrakonda P.S. to submit the video footage to investigate into the matter, but neither the O.Ps have tried themselves to sort out the problems nor they have cooperated the I.I.C., Chitrakonda P.S. and kept silent for months, which they should not do at all.  Had the O.Ps cooperate the Police, then there was lot of possibilities to find out the concern person who has withdrew the amount from the saving account of the Complainant.  But keeping silent for months, the hard earning of the Complainant could not recovered, which is nothing but only the negligent activity of the O.Ps.
    
6. Further, the plea of the O.Ps that the transaction made by using ATM debit card made at CCPC ATM- II, Bhubaneswar which is only possible by sharing ATM card details, though it may be true, but without any cogent evidence, the plea of O.Ps will not do.  Had the O.Ps submit the video footage of that particular date, than it could have easily ascertained about the person who has withdrew the money from the saving account of the complainant.  Since the O.Ps did not produce any cogent evidence, as such we are not inclined to accept the versions of the O.Ps at all.
    
7. Further the OPs in their counter have clearly admitted that the facts are purely criminal in nature and the matter is under investigation, which submissions clearly proves the inability and inefficiency on the part of the O.P - bank to protect the hard earnings of their valuable customers, which are under their custody and such type of activity on part of the OP – Bank is nothing but only to cause loss and harass their customers.
    
8. Further, it is well known to the OPs that the ATM and its server are with them.  Any tempering and misuse to the machines is the fault of the OPs for which the poor customer at no stretch of imagination can be suffered.  For the safeguard of the interest of consumers and for protection of their hard earned money, the OPs should work hard and the help of enforcement agencies should be taken to find out their fault and apprehend the culprits.  Necessary technologies must be adopted so that the culprits’ access could be restrained to such fraudulent withdrawal.  Simply stating that this activity is rampant all over country will not do but to act for the interest of their valued customers, as the OP – Bank who are in banking business and earning profit out of amount deposited by their customer.    
    
9. In the above facts and circumstances, it can be concluded in the case in hand that a sum of Rs. 80,000/- has been fraudulently withdrawn from the account of the Complainant when the ATM card and PIN was in his possession for which the OPs are liable and the complainant is entitled to get back his money with interest, further for such withdrawals, the complainant must have suffered some mental agony and also filed this case incurring some expenditures, for which he is entitled for some compensation and costs.  Considering his suffering we feel a sum of Rs. 3000/- and Rs. 2000/- towards compensation and costs will meet the end of justice.   Hence this order.
   
                                                                                                ORDER
   That the complaint petition is allowed in part and the OPs being jointly and severally liable are directed to credit Rs. 80,000/- with simple interest @ 6% p.a. from 21.01.2019 till payment and to pay Rs. 3000/- towards compensation and Rs.2000/- towards costs of litigation to the complainant within 30 days from the date of the communication of this order.

         Pronounced in the open Forum on this the 01^th day of July, 2017. 

         Issue free copies to the parties concerned.