Orissa

Jajapur

CC/72/2018

Ratnakar Das - Complainant(s)

Versus

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

29 Oct 2020

ORDER

 IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                     

                                             Dated the 29TH day of  OCTOBER,2020.

                                                      C.C.Case No. 72  of 2018.

Ratnakar Das  , S/O Late Dijabar Das   

At. Bijipur,  /P.O.Kapasi chhak  ,

Dist.- Jajpur .                                                                            …… ……....Complainant .                                                                   .                                    

                                                  (Versus)

1. Branch Manager, Bank of India,Chitalo Branch, At/P.O/ Chitalo

Dt. Jajpur .

2. A.T.M,Manager, State Bank of India, Jajpur Town Branch

                                                                                                                              ……………..Opp.Parties.                                                                                                                                              

For the Complainant:                                           Self .

For the Opp.Parties : No.1                                   Sri Jagannath Panigrahi, Advocate.

For the Opp.parties : No. 2                                  None.                                                                                                

                                                                                                    Date of order:   29.10.2020.

SHRI  JIBAN  BALLAV  DAS, PRESIDENT  .

Deficiency  in banking service is the grievance of the petitioner  .

            The fact relevant  as per complaint petition  in short is that the petitioner is a saving bank account holder before the o.p branch availed ATM card from op.1. That on 20.7.18 the son of the petitioner namely somyaranjan Das while  trying to  withdrawan a sum of Rs.5,000 from the SBI ATM counter  situated at Biraja temple , jajpur Town , the petitioner alleged that his son after pushing the ATM card and trying to withdraw  Rs 5,000/- , but  there is no money came out but message came to  the account of the petitioner showing deduction  of Rs.5,000/- and  mini account receipt showed  from the ATM machine wherein it was mentioned that Rs. 5,000/-  already deducted from saving account .Thereafter the petitioner informed the matter to the O.P.no.1 but it is a great regreat that the bank employee did not take any steps and the petitioner

again  informed  the matter to the manager of O.P.no.1 and meet with ATM manager ,SBI, jajpur (O.P.no.2) but he replied to the petitioner to check the C.C footage at japur Road . Accordingly finding no other alternative the petitioner knocked the door of this  commission with the prayer to direct the O.P  to pay the amount which has already  been deducted  from the  saving account.

            After notice the O.P no.1 appeared and subsequently filed the written version .  The o.pno.2  did not choose to contest the dispute .Hence he has been set exparte vide order dt.15.1.19 .

            The O.p.no.1 stated in the written version that the petitioner has used his A.T.M for withdrawal of money from the SBI A.T.M at Biraja Temple on dt.20.07.2018 when the petitioner filed the complaint before O.p.no.1 ,he forwarded immediately to NFSISG ,CC,ATM cell-H.O General Operations Department (Bhubaneswar) legal Department ,Bhubaneswar .The Central office (H.O) requested to the Head office of SBI to  enquired  into the matter and verified the J.P Log as per the latest N.P.C.I guidelines. As per guide lines of N.P.C.I,NFSISG verified the J.P Log of the SBI,Biraja Temple Branch dt.20.07 2018 .After verification CC,NFSISG, Harish kumar sent the J.P Log to the A.T.M Cell Head Office, Bank of India,dt. 30.07.2018 and closed the said complaint. As per J.P Log the transaction on dt.20.07.2018 of the petitioner was / is successful.

            As per J.P .Log on dt.20.07.2018 ,the petitioner inquired the balance of his own account in the A.T.M SBI, Biraja Temple through his A.T.M card bearing No.606998XXXXXX6309 vide Transaction (TXN) No.195 and Reference No.820112011674 at 12.17 O’ clock and he knew the mode of balance was Rs.5035.00 just after at 12.18 O’clock P.M he further entered his A.T.M card

and withdrawn Rs.5000.00 from his above noted account vide TXN No.196, reference No.820112011727 and the same transaction was made successful. The J.P Log in the A.T.M records, all the transactions with accurate details and time stamps. It is final and conclusive proof accepted by all banks internationally as to status of a transaction. It also provides clues related to A.T.M functioning. Transaction printed in the J.P.Log should be cross checked with the entries in cash  at A.T.M account for the purpose of reconciliation . J.P Log can not be regenerated by the system and some of the information is captured only on J.P .Log .So it is very important to store the logs.

            That whenever cash is withdrawn at A.T.M physical cash as well as balance in the cash at A.T.M gets reduced by the extent of the cash withdrawal. At any given point the physical cash should be equal to the cash at A.T.M account, if the A.T.M card holder filed complaint in the bank, immediately authority of the bank will verify the J.P Log to find out whether transaction was

made successful. If so ,J.P. Log will not have any remark like “ presenter error “ ‘ error in transaction’. In this case the petitioner  is a A.T.M card holder of Bank of India, But he entered his A.T.M card in the S.B.I A.T.M at Biraja Temple. In this case as per guide lines of NPCL, after receiving the complaint the B.M sent the said complaint to the A.T.M cell head office, A.T.M cell forwarded the same to S.B.I,ATM ,Biraja Temple .SBI has verified the J.P Log  of the said date and also has sent a photo copy of J.P Log to Bank of India. As per verification the transaction of the petitioner on dt. 20.07.2018 regarding withdrawal of Rs.5,000/- was made successful. So as per J.P Log transaction, the O.P.no.1 has no role in this matter . For this the Bank of India ,Chitalo Branch is undone to do anything.

            As per system of computer science automatic computerize account ledger report on dt.20.07.218 as per J.P.Log ) the petitioner has taken the cash Rs.5,000/- from the A.T.M of the O.p.no.2 and transaction was made successful. The petitioner knowingly ,deliberately, has filed this false and frivolous case to harass this O.P.no.1 .The O.P.no.1 has not any deficiency in service from his side. If this case is allowed against the O.p.no.1 ,the O.p.no.1 will suffer irreparable loss, which can not be compensated by any means.

            In view of the above factual aspects we have  heard the argument from the side of the learned advocate of the O.Ps. The complainant is absent. After perusal of the record along with the documents filed from the side of both the parties it is observed from charge                  back claim customer ATM Transaction vide Annexture-B(1)  that the petitioner has withdraw Rs.5,000/- from Biraja Temple A.T.M on 20.07.2018 for which the transaction is successful.  As such the dispute is dismissed.

Hence this Order

            In the result the dispute is dismissed against the O.Ps on contest. No cost.

This order is pronounced in the open Forum on this the 29th  day of  October,2020. under my hand and seal of the commission.