MR. PRABODHA KUMAR DASH, PRESIDENT:-                  

                            The C.C. Case No. 54/2019 is taken up today for order. Perused the documents available on record. Heard Ld. Counsel for both the parties.

Brief Fact:-

                        The  Complainant having saving account in Bank of India, Kendrapara & also having ATM Card of the said Bank. Complainant withdrawn Rs.3,000/- from the ATM SBI at Derabish on dt. 01.08.2018. Unfortunately during withdrawal from the said SBI ATM there was a power cut, after so many times of trial the Complainant could not receive Rs. 3,000/- from the said ATM counter. Complainant approached all the Ops stating therein his grievances on several occasions. But the Ops are failed to redress his grievances at their end.

                  Being aggrieved by the inaction of the Ops which prejudiced the Complainant filed the present C.C.Case before this Commission for various reliefs. Complainant filed his complaint on dt. 01.08.2018 before the Chief Manager, Bank of India, Kendrapara Branch for reversal of failed ATM transaction.

                   On dt. 10.08.2018, Bank of India denied since the acquiring bank has rejected the same. The Op No.1 & 2 filed written statement respectively. OpNo.2, SBI, Kendrapara  submitted in its written version that, the ATM transaction is not coming under deficiency in service and the Complainant is not a consumer under Op No.2. The Complainant being the account holder under OP No.1 should have raised the Complainant’s claim before the ATM data Centre where every transaction is recorded. The grievances of Complainant sent by OPNo.1 to the ATM cell  Head Office at Mumbai which was rejected because that was a successful transaction. The same also addressed to IT Deptt. ATM Cell, Bhubaneswar, they found the said transaction was successful. OpNo.1 approached Harish Kumar(OP No.3) IT Deptt. ATM Cell, Bhubaneswar. The OpNo.3 rejected the claim through E-Mail. OpNo.2 has also obtained the transaction report of the disputed transaction of the Derabish SBI ATM, wherein it was stated that, the amount remained in the said ATM was alright after the said disputed transaction. Further Op No.1 submitted in its written version that the Complainant’s saving account on dt. 23.07.2018 there was a balance of Rs. 3,277.60 and Complainant withdrawn Rs. 3,000/- on dt. 01.08.2018 and the balance after transaction was Rs. 277.60 . The alleged transaction on dt. 01.08.2018 was successful. Op No.1 further submitted that, the ATM transaction in other ATM Counter is not within their control. The Op No.1 stated that they have tried their best to redress the grievance of the Complainant for which they are not liable for deficiency in service.

                    Taking into the facts & circumstances involved in this C.C.Case that the OpNo.2 failed to redress the grievance of the Complainant beyond reasonable doubts. Op No.2 being a National Financial Institution harassed the small saving account holder those are poor, the Op No.2 for their business installed ATM everywhere for betterment of public & thereby operating their business. Hence, the Op No.2 is liable for deficiency in service.

                                                            ORDER

                It is directed that, Op No.2 shall pay Rs. 3,000/- without interest to the Complainant within a period of one month from the date of receipt of this order. The complaint case is allowed but no order as to cost.

                         Issue extract of the order to the parties for compliance.                  

                 Pronounced in the open Court, on this the 7th day of September,2022.             

                                             I agree

                                               Sd/-                                       Sd/-

                                           MEMBER                             PRESIDENT