1. Alleging deficiency of service and unfair trade practice made by the O.Ps the complainant filed this case against the O.Ps for a direction for payment of his withdrawal amount along with compensation.
2.The case of the complainant is that he had a savings bank account bearing No.11728438572 at Athamallik Branch State Bank of India.The complainant also availed ATM facility in the aforesaid bank having his AT.M card No.6220180023400004307 and ATM charge has been deducted from his saving account. On 27.10.2012 the complainant was a saving balance of Rs.85,464/-.The complainant had been to withdraw Rs.20,000/- and operated ATM No.2 at 7.20A.M asking for withdrawal of Rs.20,000/-, but the said ATM immediately supplied a slip with endorsement “sorry unable to process. Inconvenience is regretted. On the same day at 7.22A.M the complainant operated the same ATM to check his balance in the account and the ATM supplied the statement of account disclosing the balance of Rs.85,464/-.Being urgent need of money the complainant again operated the same ATM at 7.29A.M on 27.10.2012 for asking withdrawal of Rs.20, 000/- but again the ATM supplied a slip with the endorsement” sorry, unable to process. Inconvenience is regretted. On the same day again the complainant asking withdraw of Rs.20, 000/-, but again the ATM supplied the slip sorry unable to process inconvenience is regretted. The entire process of Rs.20, 000/- at 2nd ATM has failed. Again on the same day at 7.32 A.M the complainant operated ATM no.1 and asked for withdrawal of Rs.20,000/- but the ATM supplied the same slip and unable to process again at 7.34 A.M the complainant operated the same ATM and asked for withdrawal, but once again the ATM supplied the same slip and sorry unable to process. The entire attempts of the complainant for withdrawal of Rs.20, 000/- failed. In order to reassure his balance the complainant again operated the AT.M. No.1 asked to supply the statement of his account, but to his utter his surprise the complainant balance amounting to Rs.45,462/-with further information that the on 27.10.2012 only Rs.40,000/- has been deducted from his account. On 29.10.2012 the complainant approached the O.PNo.2 Branch Manger SBI Boudh and narrated all about the above incident, but he directed the complainant to approach the Branch Manager, SBI Athamallik as there was his saving account .Immediately the complainant approached the Branch Manager, Athamallik and intimated all about the happening and request to credit Rs.40,000/- to his account. The said Branch Manager directed to report after 7 days. All the attempts made by the complainant failed and undergone mental agony and harassment and filed this case before this forum.
3. After being noticed, the O.Ps appeared and filed counter in the above case. The case of the O.P.No.1 and 2 is that the case is not maintainable against them. The O.Ps submitted that the complainant operated the ATM vide transaction No.6123 on 27.10.2012 and the transaction was successful and the amount of Rs.40,000/- was withdrawn. As the operation at 7.28A.M was successful an amount of Rs.40,000/- was withdrawn as such the balance of the complainant was Rs.45,462/- naturally in his account. They have denied that the complainant account was not having balance of Rs.85,462/-.They have taken all steps and trace out the withdraw amount and accordingly informed the complainant. The O.Ps promptly renders their service to the complainant. They further pray that the complainant is not entitled to get any relief and the complaint is liable to be dismissed.
4.The complainant filed the savings account pass book and withdrawal slip of the ATM on 27.10.12 at 7.20 ATM counter NO.2.Also they have filed ATM slip of ATM No.1 of 7.22, 7. 29A.M, 7.32A.M, 7.34A.M & 7.36A.M.The OPs filed the ATM slip of 7.28 AM on the same day of withdraw of 40,000/- and one statement of account showing withdrawal of Rs.40,000/-.The complainant examined himself and given evidence in this case so also the OP.NO.2 examined and cross examined in this case.
5. The point for determination is that whether the complainant is a consumer against the O.Ps and whether any deficiency of service and unfair trade practice has been caused to the complainant by O.Ps.The complainant has saving account before the O.PNo.1 and made regular transaction also the O.P No.1 had taken AT.M service charge once in a year from the complainant. As such the complainant became a consumer against the O.Ps.The most crucial point whether Rs.40,000/- has been withdrawn at 7.28A.M on 27.10.2012 whether the same amount has been withdrawn .The complainant taken steps for withdrawal of Rs.20,000/- in the ATM counter at 7.20 A.M, 7.22 A.M and at 7.20 A.M the said ATM informed sorry unable to process and 7.22 A.M given a statement account disclosing the account having balance of Rs.85,462/-.The complainant tried at 7.29 A.M. which ATM displayed sorry unable to process. Thereafter 7.32A.M 7.34 A.M the complainant tried again through ATM No.1 again the ATM supplied a slip sorry unable to process. On 7.36 A.M. when the complainant asked for a statement then only the complainant came to know Rs.40,000/- has been withdrawn. The O.P. had submitted a slip of with Rs.40, 000/- on 27.10.2012 at 7 28 A.M. when the ATM No.1 and 2 always shown the withdrawal made by the complainant for Rs.20,000/- given information sorry unable to process. The complainant never withdrawn of Rs.40,000/- on the same day. The complainant tried for withdraw of Rs.20,000/- but always the ATM shows sorry unable to process all the slips submitted by the complainant. The documents filed by the O.Ps showing the withdrawal of Rs.40,000/- made by the complainant cannot be accepted by the Forum. Always 7.20 A.M to 7.34 A.M always the withdrawal was unsuccessful sorry unable to process how at 7.28 A.M the complainant withdraw Rs.40,000/-.The complainant filed the savings account which shows withdrawn once Rs.40,000/-.So the withdrawal through ATM No.1 is not believable. The complainant approached for E banking through his saving account but the O.P. No.1 never tried his best nor informed by that time that he has already withdrawn Rs.40,000/- and taking different time for settle the matter As such the O.Ps caused deficiency of service and unfair trade practice against the complainant.
Taking into consideration case of the complainant and documents filed by him and the also documents filed by the O.Ps and submission made by both the parties we allow the case of the complainant in part and direct the O.PNo.1 to make payment of Rs.40,000/-(Rupees forty thousand) only along with usual interest into the savings bank of account of the complainant. The O.P.no.1 is further directed to pay Rs.1,000/-(Rupees one thousand ) only to the complainant towards compensation and litigation expenses within one month from the date of this order , failing which the complainant is at liberty to take step against the O.P. The case against O.P No.2 and 3 are dismissed without cost.
Order pronounced in the Open Court under the seal and signature of the forum this the 9thth day of April, 2015.
