Orissa

Kendujhar

22/2014

Janmejay Mahanta - Complainant(s)

Versus

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

B.B. Pradhan&Associates

07 Apr 2016

ORDER

IN THE COURT OF THE PRESIDENT, DISTRICT CONSUME DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 22 OF 2014

       Janmejaya Mahanta, aged about 59 years,

       S/o: Late Jadumani Mahanta,

       Core Minerals, Station Road,

       Post/P.S: Barbil, Dist-Keonjhar                   …………………………Complainant

                                  Vrs.

1.    Branch Manager, State Bank of India,

       SME Branch, Main Road, P.O/P.S: Barbil,

       District: Keonjhar

2.    Chief General Manager, State Bank of India,

       Local Head Office, 111/1,

       Pandit Jawaharlal Nehru Marg, Bhubaneswar,

       Odisha: 751001

3.    General Manager, (Principal Nodal Officer),

      S.B.I. Bhawan, 11^th Floor, Madam Cama Road,

       Mumbai: 400021                                     ………………………….Op. Parties

Present: Shri A.K. Purohit, President,

               Smt. B. Giri, Member (W)

               Sri S.C. Sahoo, Member

               Advocate for Complainant: Sri B.B. Pradhan & Associates

               Advocate for OP1: Sri P.K. Mishra & P.K. Patra

_______________________________________________________________________________

DATE OF HEARING 16.03.2016                                                      DATE OF ORDER 07.04.2016

­­Sri S.C. Sahoo, Member - The Complainant is a Customer/ Account holder of the OP1 i.e. S.B.I SME Branch, Barbil having his SB A/C No. 11192640777 and the OP1 Bank has provided a ATM Card bearing No. 4591500095980203 by which the complainant used to withdraw cash/ money from SBI ATM and on 23.1.14 at 6.27 pm the complainant withdraw a sum of Rs.1000/- through ATM transaction No. 210 with A.T.M ID No. S10F00281101 at Barbil and to this the complainant received message of such withdrawal transaction to his registered mobile No. 09263471823 and left the ATM counter with money of Rs.1000/- and ATM Card. While the complainant was on his way to home received another message to his mobile phone withdrawal of Rs.20,000/- from ATM S10B002011003 at Barbil from Site - II and the transaction No. was 6597 dt.23.1.14 at 6.29 pm just after withdrawal of money of Rs.1000/-. After getting message the complainant lodged a complaint with the Manager of OP1 on 25.1.14 of which the complaint No. was AT201111168696 of dt.25.1.14 for which the OPs does not provide any service to redress the grievance of the complainant and hence this complaint.

After service of notice the OPs have filed their written version jointly with the help of a memo of dt.2.1.15 received by the complainant. In the written version the OPs have stated that the case is not maintainable on the eyes of law and there is no cause of action arised and lack of jurisdiction to entertain this complaint by this forum as it was relating to the offence of Cyber crime and undisputed that the complainant is having SB A/C holder bearing No. 11192640777 under OP No.1 branch and also admitted that the OP1 has provided ATM Card No. 4591500095980203 to the complainant for money transaction as and when necessary. Further the OPs have stated that JP Log of ATM transaction for the alleged period as well as the statement of concerned SB A/C No. 11192640777 reveals that on 23.1.14 the complainant has made two nos. of transactions i.e. the 1^st transaction using the relevant ATM Card withdraw a sum of Rs.1000/- at 18.27 pm from ATM ID No. S10F002011001 which was successful and accordingly the said amount was debited from his SB A/C. But the OP1 does not find any reference of ATM ID No. S10F002811001 and in the 2^nd instance the complainant made 2^nd transaction on the same day by using the said card by which a sum of Rs.20,000/- was withdrawn at 18.29 pm from other ATM machine in the same cabin vide ID No. S10B002011003 and vide transaction No. 6597 was also successful transaction and accordingly debited from his SB A/C.

Hence, it is an abundant clear that the complainant has withdrawn the above amount twice since the complainant has inserted the ATM card in the ATM machine in two occasions and pressed the secret pin in the said transactions in two different machine and taken money but made false claim for 2^nd transaction under some foul played reasons and the OPs have rendered proper service immediately on his complaint dt.25.1.14 that both the transactions was successful and has rightly suggest to lodge FIR at concerned P.S for investigation. But the complainant did not choose to lodge FIR is best known to him and the OPs have rightly prayed for dismissal of the complaint as false and frivolous.

Heard, both the learned counsels of the contesting parties and perused the materials available in record. It is not disputed by the OPs about the 1^st transaction of Rs.1000/- from ATM on dt.23.1.14 at 6.27 pm but disputed on 2^nd transaction of Rs.20,000/- from ATM on 23.1.14 on the same day at about 6.29 pm from ATM Site - II machine of which transaction No. was of 6597. The learned counsel for the complainant submitted that the alleged sum of Rs.20,000/- was debited from SB A/C which need to be rectified as not withdrawn by him through ATM Card provided by Bank/ OP1 and the ATM counter/ cabin was having CCTV and requested to provide CCTV footage.

On the other hand the learned counsel for the OPs submitted that the complainant had made two transactions for Rs.1000/- and Rs.20,000/- through ATM machine installed in the cabin on the same day i.e. on 23.1.14 of which the transaction slip vide No. 210 only filed but the other transaction No. 6597 on the same day through ATM Site-II machine has not filed cleverly in order to ascertain the truth and the OP1 admitted that the complainant lodged with OP1 vide Sl. No. AT201111168696 as registered.

With these pleadings and arguments and on perusal of materials available in record proved that cash of Rs.20,000/- could not have been withdrawn without use of A.T.M PIN which the OP1 provided to complainant and the transaction in the 2^nd instance made by using the said Card and withdrawn the sum of Rs.20,000/- at 18.29 pm on 23.1.14 from the ATM installed in the same cabin vide ID No. S10B002011003 vide transaction No. 6597 which was also successful and accordingly the same amount was also debited from the A/C No. 11192640777 of the complainant and therefore the OPs are not deficiency of service on account of the alleged fraudulent withdrawal of Rs.20,000/- from the bank account of the complainant which has been confirmed the balance query by the complainant on 24.1.14 in which the transaction slip reflects the alleged cash balance of Rs.65,860.03 paisa with that of transaction number 8614 on dt.23.1.14 vide term S10A002011005. Hence,

             ORDER

The complaint of the complainant is dismissed as having no merit without cost and compensation.

 

Accordingly the case is disposed of.

 

                                                                I agree                                             I agree                                                                                   

     (Sri S.C. Sahoo)                              (Smt. B. Giri)                               (Sri A.K. Purohit)                 

           Member                                      Member (W)                                       President                               

 D.C.D.R.F Keonjhar                     D.C.D.R.F Keonjhar                          D.C.D.R.F Keonjhar

 

                                                                                                         Dictated & Corrected by me

                                                                                  (Sri S.C. Sahoo)                                                                                 

Member, D.C.D.R.F Keonjhar