25.05.2015

MRIDULA ROY, MEMBER.

The instant appeal is directed against the judgment and order dated 06.02.2014 passed by Ld. District Forum Kolkata, Unit II in complaint case being No. 68 of 2013 dismissing the same on contest without cost.

Being aggrieved by the impugned order the Complainants have preferred the instant appeal.

The case of the Complainants, in brief, is that on 25.04.2012 at about 11:31 a.m. they received an SMS in their mobile phone that an amount of Rs.10,000/- had been withdrawn from their Savings Bank Account being No. 20079335244 with State Bank of India, Park Circus Branch, 9, Syed Amir Ali Avenue, Kolkata – 700 017 though they did not withdraw any amount.  The Complainants subsequently, on 26.04.2012 lodged complaint with the Branch Manager of the said branch.

The Complainants also informed the matter to the O.C., Amherst Street, P.S. at Kolkata – 700 009 on 27.04.2012 and to the Jt. Commissioner of Police, Crime at Lalbazar, Kolkata – 700 001 on 30.04.2012.  Subsequently, the Complainants wrote another letter dated 08.10.2012 to the Branch Manager since he was found taking no step.  But that too produced no fruitful result.  Hence, they filed the petition of complaint before the Ld. District Forum praying for direction upon the to refund an amount of Rs.10,025, interest thereon Rs.100/-, to pay incidental charge of Rs.650/- and also to pay Rs.10,000/- towards mental agony and harassment i.e. in total to pay Rs.20,775/-.

The O.P. appeared and contested the case by filing Written Version denying and disputing all the material allegations stating, inter alia, that an ATM Debit Card being No. 6220180174900128649 was issued against the S.B. Account No. 20079335244.  However, on receiving a complaint dated 26.04.2012 the bank made an enquiry and found that on 25.04.2012 at about 21:30:12 hrs an amount of Rs.10,000/- had been withdrawn from the said account through the said ATM Debit Card.  The same was intimated to the Complainants.  It is also contended in the W. V. that no transaction is possible through the ATM without knowledge of secret PIN and ATM number.

In course of hearing of the appeal the authorized representatives for the Appellants has submitted that it was a fraudulent withdrawal since none of the Appellants had withdrawn the amount.

Ld. Advocate for the Respondent has submitted that there are two recorded transactions on the same date and the disputed transaction was successful.    Ld. Advocate for the Respondent has filed copy of J. P. Log and also relied on the following decisions:-

(1)     2011 (2) CPR 26 (NC) – State Bank of India – vs. – K. K. Bhalla.

(2)     Revision Petition No. 2382 of 2012 (NCDRC) (State Bank of India – vs. – Om Prakash Saini.

(3)     Revision Petition No. 545 of 2013 (NCDRC) – State Bank of India – vs. – Subhasis Chowdhury.

Having heard submission made by the parties and on perusal of the materials on record it appears that the Appellants have alleged fraudulent transaction from the Savings Bank Account through ATM.  The secret PIN and ATM Card need to be inserted to ATM for withdrawal of certain amount from any account.  It is not possible to withdraw any amount without having knowledge of the secret PIN.  In this connection we placed reliance on the decisions cited by the Ld. Advocate for the Appellant.

In such view of the matter, we are of opinion that the Ld. District Forum has rightly dismissed the petition of complaint.

In the result, the appeal fails.

Hence, ORDERED, that the instant appeal is dismissed on contest without cost.  The impugned judgment is affirmed.