DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 15 OF 2016
Anit Kumar Guru ( 49 Yrs.),
S/O: Loknath Guru,
Occu: Govt. Employee,
R/O: Govt. Hospital Colony, Mangal bazar,Jharsauguda,
PO/PS/ Dist- Jharsuguda, Odisha……………………………………. Complainant.
Versus
Branch Manager,
State Bank of India,
At/PO/PS: Dist: Jharsuguda, Odisha…............................................... Opp. Party.
Counsel for the Parties:-
For the Complainant Shri Deepak Patel, Adv. & Associates.
For the Opp. Parties Shri K.C. Agrawal, Adv. & Associates.
Date of Order: 30.08.2016
Present
1. Shri S.L Behera, President.
2. Shri S.K. Ojha, Member.
Shri S.L. Behera, President:- The brief facts of the complaint case is that, the complainant who is the holder of A/C No. 11346908712 of State Bank of India, Jharsuguda Branch since November,2005. On dtd. 16.01.2016 the complainant checked his mini statement through ATM and found that Rs.49,995/- was illegally deducted from his said account having Rs.9,999/- only of 5 transactions. That was Saturday for which the complainant could not complaint in his Bank and on dtd. 18.01.2016 he complaint with the O.P and the O.P insisted him to lodge FIR. While going to the police station the complainant updated his said account and found that Rs.49,995/- only was also deducted illegally from his account. The complainant lodged FIR in Jharsuguda Police Station bearing PS Case No. 35 of dt.18.01.2016 alleging U/s-420 IPC and U/s-66 (D) of information technology Act, 2000. The complainant nowhere used his ATM Card to purchase anything between dtd. 16.01.2016 to 18.01.2016 but Rs.99,990/- only has been illegally deducted from his account in total on which the O.P.is not any responsibility. The complainant alleged that due to having poor quality of software in security system of O.P the said illegal withdrawn of amount has taken place and as such filed this case along with supporting documents.
2. On being noticed the O.P appeared through his counsel and denied all the allegations of the complainant. The O.P submitted that there were having five transactions of Rs.9,999/- only from the said account of complainant through point of sale at FSS DC UTILITY Mumbai on 16.01.2016 by using his ATM card number. The same type of transactions are also made on dt.18.01.2016. This is one type of cyber theft took place due to sharing of PIN and OTP to the fake callers. No ATM transaction is possible without Pin for that ATM and OTP number which is generated while using card no. and PIN through internet Banking transactions for any purchase at POS. ATM is full proof, secured and safest software implemented by SBI throughout the country as well as in foreign branches. Bank has clearly mentioned that Bank bears no liability for the unauthorized use of the card. The responsibility is fully that of the card holder. The complainant has lodged FIR where the police is to enquire into the above incident of cyber theft and denying all the allegations and the O.P prayed for dismissal of the case.
3. We have heard the learned counsels for the parties and have carefully gone through the case record. The complainant has lodged FIR before the Jharsuguda Police Station bearing PS Case No. 35 of dt.18.01.2016 alleging U/s-420 IPC and U/s-66 (D) of information technology Act,2000 for his unknowingly withdrawn of amounts by some other person. The said PS case is under progress of investigation and no final report has come out yet.
In view of aforesaid circumstances where investigation is under progress and commitment of any deficiency in service by the O.P or fraudulent withdrawn by any culprit has not been established, at this stage this Hon’ble Forum bind its hands to reach upto any conclusion on this case. Hence the complainant petition is hereby dismissed with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 30th of August, 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree.
S.K.Ojha, Member S.L.Behera, President
Dictated and corrected by me.
S.L.Behera, President
