MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed C.C.Case No. 28/2021 U/s-35 of C.P.Act,2019 before this Commission seeking a direction for payment of a sum of Rs. 9,000/-/credit sum of Rs. 9,000/- to the S/B Account No. 93267477651 of the Complainant.
Brief fact of the case is that, Complainant has an S/B Account bearing No. 93267477651 under the Op-Bank, Bazar Branch,Kendrapara. On dt. 09.04.2021 Complainant withdrawal of money of Rs. 9000/- through ATM Card at SBI ATM machine Gulnagar, Kendrapara, after due processing the same amount of money could not be delivered from the machine. Complainant at about 2 P.M. enquired about the transaction whether the money has been deducted or not and know that an amount Rs. 9000/- has been deducted on 09.04.21.Complainant informed the customer care service provider of the bank and the Executive of Bank customer care after 3 to 4 days told the Complainant to contact the Op’s Branch Manager, SBI Bazar branch, Kendrapara. Complainant also submitted a written copy and the Op consoled the complaint that his money is secure & will be credited to his account. Complainant met the OP’s Branch Manager on dt. 14.04.21 & Op assured the Complainant to settle his grievance after consulting with the officer of the Bank, in charge of ATM affairs, he got no fruitful result from the Op. Due to negligence and deficiency of service by the Op not setting the erroneous transaction in the ATM machine of Bank, the complainant has sustained loss Rs. 9000/- from his account.
The Op have filed their written version stating that, in the complaint petition in Para-3 is false to mention that after due processing of the ATM Card, the amount could not be delivered from the machine and the Complainant did not get the amount. The averments of the Para-4 is not correct. It is false to mention that at about 2 P.M. enquired about the transaction whether the money has been deducted or not and the available balance in his account at the SBI ATM near S.P. Office, Kendrapara and came to know that Rs. 9.000/- has been deducted on dt. 09.04.2021 and also false mention in Para-5 of the complaint petition that the customer case of the Bank asked the Complainant to contact after 3 to 4 days.
As per Para-6 of the Complaint petition, the Complainant submitted a written application to the Op, but at no point of time, the Op has told the Complainant that his money is secured & same shall be credited to his account. Further Complainant has falsely mentioned in Para-7 of the complaint petition that on each and every working day since dt. 14.04.2021, the Complainant contacted the Op and he was assured by the Op for settlement of his grievance after consulting with the officer’s in charge of the ATM. The other contents is quite false, since it has been specifically intimated to the Complainant that his transaction through ATM Card is a successful transaction & the amount has been delivered from the machine and he has received the same.
In the complaint petition, the Complainant has alleged about the non-delivery of the amount of Rs. 9,000/- from the ATM machine on dt. 09.04.2021 at about 12.20 P.M. installed at SBI ATM at Gulnagar, Kendrapara. The matter has been duly enquired by the concerned authority of the Op-Bank and it has been concluded that the transaction of the Complainant is a successful transaction and he has received an amount of Rs. 9,000/- in due proves vide A/c No. 39267477651 and ATM Card No. 607532xxxxxx5713, It is submitted that the Complainant no such account having A/C No. 93267477651 with this OP-Bank, as mentioned Para-2 of the complaint petition. Complainant being well conversant with withdrawal through ATM facility has successful withdrawn Rs. 9,000/- and such the transaction has been recorded successful as per the website report of ATM switch Centre. Hence it is not correct on part of the Complainant to allege the deficiency in service and unfair and trade practice on part of the Op-Bank. But no F.I.R has been lodged at concerned Police Station to investigate into the matter and the Complainant has unnecessarily and illegally shifted responsibility on the Op. under the circumstances, the F.I.R should have been lodged to ascertain the probable misappropriation of the delivered amount through fraudsters or any other person and for that such dispute cannot be adjudicated by this Honbl’e Court. The ATM is generated through system without manual intervention and it involves the role of the card holder. It is the duty and responsibility of a customer for the safety & security of the ATM Card and its use. It is not possible on the part of any official of the Bank at any level to commit any mischief to debit/grab the amount of any customer.The ATM frauds always happen due to negligence of customers using the ATM. At many cases it has been noticed that some customers without waiting the release of the amount due to some delay of dispense of the amount leave the ATM premises and in that case, the other customers/persons have the chances to get the said amount to the original account holders. The present case since the transaction has been recorded successful and the amount has been dispensed/released from the ATM as per the command of the Complainant, hence the Op cannot be held liable whether the Complainant or any other person has received the said amount and for that there is no deficiency in service committed on the part of the Op.
Since entire transaction has been made in ATM machine & computerized system & no manual work involves, deficiency in service cannot raised particularly when Photograph available goes to show that money has been dispensed with and No FIR has been lodge by Complainant. Besides the above ATM service is not within the perview of C.P.Act, 2019.
With the aforesaid observation and direction the C.C.Case No. 28/2021 is dismissed. No order as to cost.
Issue extract of the order to the parties concerned.
Pronounced in the open Commission, on this the 16th day of August,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
