West Bengal

Bankura

CC/37/2019

Sri Debashis Sinha - Complainant(s)

Versus

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

Jayanta Kumar Mukharjee

12 Apr 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

  Consumer Complaint No. 37/2019

Date of Filing: 16.07.2019

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  

Sri Debashis Sinha, S/o Late Rebati Raman Sinha, Resident of Vill. & P.O. – Bhadul, P.S. & District Bankura, Pin - 722133.

 

Opposite Party          

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

 

FINAL ORDER / JUDGEMENT  

Order No.24

Dated:12-04-2023

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 his mother Debi Sinha had an SB Account with O.P. Bank Number being 11110368127 with one ATM Debit card issued in her favour Number being 6074310106164206. She expired on 24-10-2018 but on 11-01-2019 a sum of Rs.40,000/- (Rs.20,000/- each in simultaneous transaction) had fraudulently and deceitfully been withdrawn from the above mentioned SB A/c. from SBI ATM, Bokaro General Hospital, Bokaro, Jharkhand. The aforesaid incident was immediately apprised to the concerned Bank authority and also to Bankura P.S. According to the RBI rules the complainant is entitled to get the refund of Rs.40,000/- with other reliefs.

Hence this case.

                                                                                                                                                                                    Contd…..p/2

Page: 2

The O.P. / Bank contested the case by filing a written version contending inter alia that the ATM transaction in question took place at the ATM counter of SBI, Bokaro General Hospital, Jharkhand after the expiry of ATM card holder i.e. Debi Sinha on 24-10-2018 and without surrendering the ATM card to the concerned Bank authority the complainant being his son retained the same and indulged in risk factor and as such the O.P./Bank has no liability to compensate such loss even if the intimation to the Bank authority was made in due time.

-:Decision with reasons:-

The Commission has examined all the material facts of the case and with due regard to the submission and contention of both sides the Commission is of the view that on the death of Debi Sinha i.e. mother of the complainant the ATM Debit card instantly lapsed and it is the duty of the complainant to surrender the same to the Bank Authority so that it is not used further for any transaction but the complainant has not followed this normal Banking rules and now he has come before this Commission with an allegation of withdrawal of money from that ATM card from a far off ATM Centre  at Jharkhand. Due intimation of such withdrawal of money to the concerned Bank authority will not absolve the complainant of his legal duty to surrender the ATM card of his mother. Moreover the transaction took place at the ATM Centre of SBI at Bokaro, Jharkhand which shows that the ATM card was used by applying PIN code and no one can be blamed for that withdrawal as anyone including a fraudster may be in possession of such unauthorized ATM card. It is not possible for the O.P./Bank authority to verify the genuineness of the transaction in the given facts and circumstances of the case. In the result the complainant has to suffer for his own fault and negligence and the O.P./Bank authority has nothing to redress the claim of the complainant. 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