BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
C.C NO-36/2012
Present-Sri Dipak Kumar Mahapatra, President, Smt. Smita Tripathy,Member (W).
Shankar Mahanand,
S/O-Arjun Mahanand,
R/O-Qr. No-G 56/11, Canal Para,
P.O/P.S-Burla,Dist-Sambalpur. …..Complainant
Vrs.
- The Branch Manager,
State Bank of India,Burla Branch,
- Branch Manager,
Punjab National Bank,
For the Complainant:-Sri Uddhab Naik, Advocate & Associates.
- For the O.P-1 :- Sri L.K. Panigrahi, Advocate & Associates.
- For the O.P-2 :- None.
DATE OF HEARING : 03.03.2021, DATE OF ORDER : 12.04.2021
SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that the Complainant has a saving bank account with the O.P-1 vide account No-10755005132 with ATM facility. In the above account the balance was Rs 9,343/- as on dtd. 22.03.2011. The Complainant wanted to withdraw Rs.5,000.- from his saving bank account for the medical expenses of his wife and reached at the ATM of Punjab National Bank. He tried to withdraw money but the machine did not respond and neither the money nor any receipt was dispensed from the machine. Immediately the Complainant informed the matter to the Branch Manager, PNB, Sambalpur branch who is the O.P-2 in this case but he did not respond rather sent the Complainant to the O.P-1. The Complainant reported the matter in written to the O.P-1 who suggested coming after 3 days. Also a complaint was registered on the Toll Free number of the O.P-1. On dtd.25.03.2011 received a message on his mobile regarding the registration of the Complaint vide no-AT 42921207412. The Complainant after three days met with the O.P-1 who handed over a slip showing that the transaction was successful. But the Complainant was surprised that there was no cash dispensed from the ATM but the amount of Rs.5,000/- has been debited from his account. Thereafter the Complainant on dtd. 18.04.2011 lodged a FIR before the IIC, Town P.S Sambalpur but in vain. On dtd. 12.03 2011 the Complainant has availed an account statement from the O.P-1 where he found the same thing that on that day withdrawal was successful. The Complainant could not be able to make treatment of his wife due to want of money. Again the Complainant states that the ATM counter is not properly maintained by the O.P-2 as there is no door lock system, no security provided, malfunctioning of ATM, no close circuit camera, no security guards, etc. Hence the O.Ps has committed deficiency in service and they need to compensate the Complainant for the harassment, mental pain and agony.
As per the O.P-1 the ATM card is a PIN based card only used through proper PIN after swiping the Card. As the transactions are done in a sophisticated manner through machines, the ATM generated records are the conclusive proof of dispensing of cash through ATM. After receipt of written report the matter was verified from the ATM generated records and on verification it was found that an amount of Rs.5,000/- was withdrawn from PNB ATM and accordingly debited from the SB account of the Complainant and there is no dispute in this matter. Soon after receiving the Complaint the O.P-1 acted in utmost sincerity and forwarded the Complaint to appropriate authority where it was found that the transaction was successful and the complaint was closed. It is the fault of the Complainant that he has not followed the guidelines and safety manual relating the use of ATM card, and was negligent while using the Card, letting to know the PIN and left the counter before completion of transaction. Hence there was no negligence in service from the side of the O.P-1.
The O.P-2 despite of service of notice he did not bother to appear before this Commission thus challenging the allegations made by the Complainant. So taking it in to consideration as “IT IS A YEAR OLD CASE”, this Commission has rightly decided to dispose the case as well setting the O.P-2 as ex-parte. Hence hearing conducted exparte under Rule-6 of Order-9 of Civil Procedure Code considering the case on the Complaint petition, written statements filed by the O.P-1 in this case.
POINTS OF DETERMINATION:-
- Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
- Whether the O.Ps has committed any Deficiency in Service to the Complainant?
From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has a saving bank account account No-10755005132 with ATM facility. We have carefully gone through the pleadings of the parties as well as documents placed on record and heard both the parties at length. The ATM/Debit Card remains in the custody of the users only. No transaction can be carried out by the user without ATM/Debit Card along with PIN which is only privy to the users. In the present case also the ATM card was used by the complainant and the PIN number was only in his knowledge without which he could not have operated the ATM. In this case the allegation is relating to hardware and dispenser related issues on the machine." Though the O.P has sent a letter to the Complainant confirming the transaction was successful and filed a copy of Electronic journal report but he has not filed ATM Cash Balancing Report, ATM Reconciliation Report, ATM Cash Dispensation Elaborate Report, ATM Switch Report and No Excess Cash Certificate all showing successful transaction and withdrawal of Rs. 5,000/- to support his claim. The Reserve Bank of India has published a notification by vide no-RBI/2019-20/67 DPSS.CO.PD No.629/02.01.014/2019-20 regarding the Harmonisation of Turn Around Time (TAT) and customer compensation for failed transactions using authorised Payment Systems. It has been observed that a large number of customer complaints emanate on account of unsuccessful or ‘failed’ transactions. Failure could be on account of various factors not directly attributable to the customer such as disruption of communication links, non-availability of cash in ATMs, time-out of sessions, non-credit to beneficiary’s account due to various causes, etc. Rectification / Compensation paid to the customer for these ‘failed’ transactions is not uniform. Harmonisation of Turn Around Time (TAT) and customer compensation for
failed transactions using authorised Payment Systems Sl. no. | Description of the incident | Framework for auto-reversal and compensation | Timeline for auto-reversal | Compensation payable | I | II | III | IV | 1 | Automated Teller Machines (ATMs) including Micro-ATMs | A | Customer’s account debited but cash not dispensed. | Pro-active reversal (R) of failed transaction within a maximum of T + 5 days. | ₹ 100/- per day of delay beyond T + 5 days, to the credit of the account holder. |
According to the Reserve Bank of India if transaction at ATM fails but your account is debited then the card issuing bank is required to resolve your complaint by re-crediting your account within 7 working days from the date of complaint. . Effective from July 1, 2011, the card issuing bank is required to pay compensation of Rs. 100 per day for delay in re-crediting the customer's amount beyond 7 working days from the date of receipt of complaint regarding failed ATM transactions (where the customer's account is debited). The compensation has to be credited to the customer's account without any claim being filed by the customer. However, to be eligible for compensation, the customer has to file the complaint within 30 days of the transaction. Hence from the above discussion we reached to a conclusion that the O.P have committed deficiency in service and we order as under:- ORDER. The complaint filed by the complainant is allowed. The O.P-1 is directed to make arrangement for refund of Rs.5,000/- which was unauthorisedly debited from the account of the Complainant on dtd 23.03.2011 along with interest @ 9% p.a. from the date of filing the complaint till payment. The O.P-1 & 2 are further directed to pay Rs. 10,000/- (Ten Thousand ) as lump sum amount for compensation towards deficiency in providing serices to the Complainant and Rs.5,000/-(Five Thousand) as litigation expenses within 30 days of receiving this order failing which the OPs shall pay interest @ 9% per annum on this amount from the date of filing the complaint, i.e., 27.03.2012 till its realisation." Order pronounced in the open court today i.e, on 12th day of April-2021 under my hand and seal of this Commission. Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof. I agree, -Sd/- -Sd/- MEMBER.(W) PRESIDENT. Dictated and Corrected By me. -Sd/- PRESIDENT. |
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