Orissa

Jharsuguda

CC/3/2015

Janmajaya Kisana S/O-Bahadur Kisan - Complainant(s)

Versus

Branch Manager, State Bank of india. - Opp.Party(s)

P.R.Singh Deo

08 Sep 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER  COMPLAINT  CASE NO. 03 OF 2015

 

Janmajaya Kisan (59 Yrs),

S/O-Bahadur Kisan,

R/O: Q.No. No.12/C, Bundia Colony,

PS: Brajrajnagar, Dist -Jharsuguda, Odisha…………….……….… Complainant.

     

                                           

Versus

 

1. Branch Manager,

State Bank of India Samada Branch,Belpahar,

Dist: Jharsuguda, Odisha

 

2. The Branch Manager, State Bank Of India,

Brajrajnagar Branch, Lamtibahal,

PS: Brajrajnagar, Dist: Jharsuguda…………………..…..…….Opp. Parties.

 

 

Counsel for the Parties:-

For the Complainant                                  Shri P.R.Singh Deo , Adv. & Associates

For the Opp. Party No.1                           Shri K.C. Agrawal, Adv. & Associates.

For the Opp.Party No.2                            Shri Naresh  Ku. Naik, Adv. & Associates

 

 

Date of Order: 08.09.2015

 

Present

 

                                                                                    1. Shri S.L.Behera, President.

                                                                                    2. Smt. A.Nanda, Member(W).

                                            

Shri S.L. Behera, President:-  The brief facts of the complaint case is that, the complainant who is the holder of A/C No. 11264804216 of State Bank of India, Brajrajnagar Branch,  Lamtibahal was provided with ATM facility on him by the aforesaid Bank and it had been averred in the complaint that on 25.11.2014 at about 6.47 Pm he went to  ATM counter of State Bank of India to withdraw a sum of Rs.15,000/- only by using his ATM Card  and obtained a statement showing withdrawal of Rs.15,000/- and the MOD balance amount was Rs.67,000/- only and available balance was Rs.228.61P. Again on dtd. 26.11.2014 at about 1.54 Pm the complainant went to the ATM counter situated at Belpahar Fatak and inserted his ATM Card and commanded to withdraw a sum of Rs.16,000/- only but he could not able to get the said amount.  Against the said command the complainant has received a note showing “ Sorry unable to process”.  After that the complainant leave the ATM counter  on

 

the same day i.e. on 26.11.2014 at about 4.31Pm, the complainant inquired about his balance by inserting his ATM Card at Brajrajnagar ATM counter but he became surprised on finding that a sum of Rs.36,000/- only had been deducted from his account.  It is averred by the complainant that on dtd. 26.11.2014 at 1.54 Pm he has not received any amount from the Belpahar ATM counter and he also not instructed any person to withdraw any amount on that day.  On dtd. 26.11.2014 at about 4.40 Pm and 5.00 Pm the complainant made  an oral report to both the O.Ps. but they casually deal with the complaint of the complainant and did not investigate into the matter.  On dtd. 27.11.2014 and 22.12.2014 the complainant sent written complaint to both the O.Ps. by registered  post but they did not take any action till now. Hence the complainant filed this case alleging deficiency in service on the part of the O.ps. and prayed before the forum for direction to O.Ps. to return a sum of Rs.36,000/- only along with compensation.

            Xerox copy of the Pass Book and photocopy of written complaint to the O.Ps. are filed on behalf of the complainant.

2.         On being noticed the O.Ps appeared through their advocate concerned and contested the case.  It has been submitted by O.P. No.1 that the complainant is not an account holder of the O.P.No.1.  The complainant has not any account with the O.P.No.1 Branch.  The O.P. No.1 is  not a service provider and the complainant is not a consumer of O.P.No.1.  The  ATM counter at Belpahar Fatak is not under the ownership, administration and control of O.P.No.1 Branch.  The O.P.NO.1 is no way related concerning the ATM transaction of the complainant and prayed for dismissal of the case.  The O.P.No.2 submitted that the complainant had entered the SBI Belpahar ATM Counter  vide ATM ID No. FFBR000238019 at about 13.52 on 26.11.2014 and withdraw Rs.16,000/- only with TXN No. 4400 from his A/C No. 400000011264804216 having mode balance 228.61P also on dtd. 26.11.2014 at about 14.00 hrs. the complainant withdraw Rs.20,000/- only from the ATM machine with TXN No. 4401 leaving mode balance Rs.31,000.00P  only and available balance is Rs.228.61P.  Thus in total Rs.36,000/- has been withdrawn from the ATM at Belpahar ATM Counter.  The O.P.No.2 also submitted that the complainant had filed this case basing on doubt, misconception and falsehood.  No cause of action ever arose as it is widest from the recording with the footages of withdrawal of the cash from the ATM counter at Belpahar and there is absolutely no negligence or deficiency in service on the part of this O.P and prayed for dismissal of the case.

3.         We have heard the learned counsels for the parties and have carefully gone through the case record.  It is not disputed that the complainant having a S.B. Account with ATM facility.  And there was no dispute with the bank since long. The O.P. No.2 supply the photocopy of C.C. Cemara for that time and date and after going through photocopy of O.P.No.2 it is seen in the bare eye that one unknown person was standing behind the complainant and at what time the complainant left the ATM counter had not mentioned in the complaint petition and whether he has cancelled the said transaction also not mentioned in the complaint petition. As to our opinion the unknown person might have taken the money after come out the money from the ATM machine.  At this juncture the case in hand cannot be adjudicated in a summary procedure. It required competent investigating agency to enquire the matter.

 

4.         In view of above discussion, we dismiss the complaint petition with liberty to the complainant to approach the appropriate investigating agency for proper investigation.

            Accordingly the case is disposed of.

 

Order pronounced in the open court today the 8^th day of September’ 2015 and copy of this order shall be supplied to the parties as per rule.

                                           I Agree.                                                                                                

                                         

                                  A.Nanda, Member (W)                                   S. L. Behera President                         

                              Dictated and corrected by me

 

                                 S. L. Behera President