MRS S.TRIPATHY, MEMBER:-This complaint is filed by Ajit Kumar Das and Kasturi Singh against Branch Manager, State Bank of India, Budharaja Branch, Sambalpur alleging deficiency in service. Brief fact of the case is that, the complainant s have a joint Savings Bank Account bearing A/c. No.10087497245 in State Bank of India, Budharaja Branch, Sambalpur having ATM facility. The balance in the account was Rs.46, 431.14 p.  on dt.21.12.2009. The complainant No.1 applied for loan for his eye operation before the O.P. bank and the loan was sanctioned and Rs.1,70,000/- was deposited by the bank in the account on dt.22.12.2009. There was a due of the complainant No.1 in a previous loan account in the O.P. bank, for which the bank deducted an amount of Rs.1, 00,201.00 p. on dt.22.12.2009 and cleared the previous loan.
2. Thereafter, the complainant No.1 withdrew money from that account time to time. After 
the last withdrawal on dt.28.12.2009, the balance in that account was Rs.69,230.14 p. But when on dt.29.12.2009 the complainant went to the SBI ATM  at Budharaja near Meghana Complex for withdrawal of Rs.10,000/-, twice in the forenoon and twice in the afternoon, on all four occasions the ATM did not respond and neither gave money nor gave any account balance receipt. The complainant again tried to withdraw Rs.10,000/- from the ATM of Axis Bank, but the ATM replied that daily limit has reached. Then the complainant asked for an account balance slip, which showed that the account balance is Rs.29,230.14 p. The complainant was surprised to see the account balance and again asked for an account slip, which showed the same balance. Thereafter, the complainant went to the O.P.bank and updated the pass book which showed that on dt.29.12.2009, there has been two withdrawals of Rs.20,000/- each from the ATM of SBI. According to the complainant, as per the   norms of the bank one cannot withdraw more than Rs.10,000/- at a time from the ATM.
The complainant immediately lodged a written complaint to the O.P.bank on dt.29.12.2009. 
The O.P. bank replied in its letter dt.12.01.2010 that they found the corresponding transaction was successful and the C.A.C., Sambalplur reported that no excess found in the ATM on dt.29.12.2009. On dt.11.01.2010, the complainant reported the matter before the Inspector-in-charge, Ainthapali police station. 
The complainant also  lodged a complaint before the S.B.I. toll free complaint but no action 
was taken in that regard.
It is the allegation of the complainant that, the O.P. bank is not maintaining the ATM
Properly. The lock in the door of all the ATMs of SBI in Sambalpur  are damaged since long. As the ATM counters have no locking facility, no secrecy of code number can be maintained by a customer while operating the ATM. Non-maintenance of locking system and non-maintenance of the close circuit camera is a deficiency in service to which the complainant is a victim. The touch screen of all ATMs at Sambalpur are not properly functioning. Even there is no guard in the ATM counter for security of the customers and their cash.
Prayer of the complainant s to the Forum is to give direction to the O.P. bank :
To give a sum of Rs.40,000/- with interest at the rate of 9%  per annum from dt.29.12.2009.
To give Rs.50,000/- towards compensation for mental agony and physical harassment.
To give Rs.5,000/- towards cost of the proceeding. 

After service of notice from this Forum, O.P. filed his version and in his version, the O.P.has 
given a list of caution to be observed and performed by the ATM card holder and some terms and conditions. 
List of Cautions
Beware of shoulder surfing i.e. shield your pin from onlookers by using body, once you complete  your transaction check  to be sure that you have your card and receipt and then leave immediately.
Never let anyone see you while entering your PIN.
Do not allow any other person to enter the ATM room when you are transecting on the ATM, similarly wait outside ATM room if anybody already inside the room.
Terms and Conditions:-
              it is the card holder’s responsibility to ensure that the knowledge of the PIN /PIN mailer does not fall into any other person’s hand.
Debits to customers account:- The Bank has the authority to debit the designated A/c. of the card holder using the card as evidence by the Bank’s record which will be conclusive and binding on the card holders.
The transactions record generated by the ATM of POS will be binding and conclusive unless verified otherwise and corrected by the Bank. The verified and corrected amount will be binding on the card holder.
Transactions at the State Bank Group Network ATMS- Cash withdrawals minimum Rs.100.00
Maxium Rs.40,000.00 per day. 

The O.P. bank replied in the written version that, the complainant availed a personal loan of 
Rs.1,70,000/- and some portion out of the loan amount was credited to his previous loan account to liquidate the same on his consent and as such there remains a sum of Rs.1,16,230/-. Thereafter, the complainant withdrew  some amount through the ATM counter of the O.P. bank on different dates. But it is not admitted by the O.P bank that  a customer cannot withdraw more than a sum of Rs.10,000/- at a time from ATM subject to maximum of four withdrawals a day.  It is submitted by the O.P. that, a card holder is permitted to withdraw a sum of Rs.40,000/- from State Bank domestic ATM  counter w.e.f. 07.07.2008. The e-circular No.326/2008-09 dated.10.09.2008 of the Bank is filed by the O.P. bank as Annexure-1.
According to the O.P., the complainant had withdrawn Rs.40,000/- from the Budharaja ATM 
Counter on two consecutive transactions
Transaction No.5360 dated.29.12.09 at 07.04 hour & withdrawn Rs.20,000/-
Transaction No.9380 dated.29.12.09 at 07.04 hour & withdrawn Rs.20,000/-

It is admitted by the O.P. bank that the complainant lodged a complaint and the complaint  
was properly  investigated and addressed by competent authority of the bank and on verification of records maintained through electronic process and found that the complainant  had withdrawn Rs.20,000/- through Budharaja ATM on 29.12.09 vide Annexure-II & III. The O.P. had taken proper action and enquired into the complaint of the complainant properly and tabled the action taken reports of competent authority in-charge of various aspects and operation of the ATM in shape of Annexure-IV & V and finally  the product of the enquiry undertaken on his complaint was communicated to the complainant vide Annexure-VI. 
It is the submission of the O.P. that, the Budharaja ATM counter and its functioning is under 
close surveillance of competent expert at proper places and the ATM premises is protected by arrned guards round the clock and no other customer is allowed to enter inside the ATM counter till the customer inside thereof completes his or her transaction and came out of the counter.
Lastly it is submitted by the O.P. that, the claim of compensation and interest etc is not 
maintainable as the O.P. cannot be blamed  for any deficiency in rendering its service  in this case much the less for the alleged transaction which in fact is completed successfully at the instance of the complainant.

Documents filed by the complainant are Xerox copies of 

Letter of complainant to Branch Manager, Budharaja Branch, Sambalpur dt.29.12.2009  (2) Report to I.I.C., Ainthapali P.S. dt.29.12.2009  (3) Complaint before SBI toll free complaint dt.5.1.2010 (4) Joint Account of Ajit Kumar Das and kasturi Singh having A/c. No.10087497245 dt.7.12.2009 (5) Reply of complaint by Ajit Kumar Das dt.12.1.2010.(6)  4 nos. of photographs of ATM counter of SBI in 2 sheets.

Documents filed by the O.P. are Xerox copies of

Statement of account showing both the transactions (4 sheets) (2) Circular regarding 
withdrawal limits (two sheets) (3) e-circular bearing No.326/2008-09 (4) Reply of SBI dt.12.01.10 to complainant regarding his complaint letter. 

We heard both the counsels on behalf of the parties and also gone through the record and 
documents filed by them. It is the say of the complainant that, the balance in his account after withdrawal on dt.28.12.2009 was Rs.69,230.14 p. On dt.29.12.2009, the complainant tried to withdraw Rs.10,000/- four times twice in the forenoon and twice in the afternoon, but on all the four occasions the ATM did not respond  neither gave money nor gave any account  balance receipt. Again he tried the same on ATM of Axis bank, but the ATM of Axis bank replied that daily limit has reached . After that, he asked for an account balance slip and the account balance slip showed that, the account balance is Rs.29,230.14 p. on dt.29.12.2009. After updation of the passbook, the complainant came to know that on dt.29.12.2009, there has been two withdrawals of Rs.20,000/-  each from the ATM Budharaja and  the account balance after the withdrawal  remained Rs.29,230.14 p.

According to the complainant, as per the norms of the bank one cannot withdraw more than 
Rs.10,000/- at a time from the ATM . But it is the submission of the bank that, a card holder is permitted to withdraw a maximum of Rs.40,000/- from the State Bank domestic ATM counter as per the e-circular No.326/2008-09, which is filed by the O.P.bank as annexure-I. The details of transaction on dt.29.12.2009 by the complainant has also been filed by the O.P. bank as Annexures-II & III.

In the aforementioned circumstances in the absence of any evidence from the side of the 
complainant, it is difficult on our part to believe that the aforesaid amount was not withdrawn by the complainant on dt.29.12.2009. In view of the above discussion, since there was no deficiency in rendering service on the part of the O.P. bank, the case of the complainant is dismissed without any costs.