DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

 

CASE NO:  CC – 118  of   2017

 

Ghanshyam Behwal,

S/O- Shri Raghuveer Prasad Behwal,

Flat No. 157, Sector-17, Pocket-A, 

Dwarka, New Delhi,- 110 075.

 

Serving at:

Central Reserve Police Force(CRPF) as Commandant,

71 Bn, TTAADC Complex, Khumulwng,

Jirania, West Tripura,

West Tripura- 799 045. ........…...Complainant.

 

 

          -VERSUS-

 

      1. Chief General Manager,

SBI, LHO, N.E. Circle,

Local Head Office,

Dispur, Guwahati- 781 016.

 

      2. General Manager,

State Bank of India,

Local Head Office,

A.T. Road, Bharalumukh,

Post Box No. 103,

Guwahati- 781 009.

 

 

      3. Assistant General Manager,

State Bank of India,

Regional Office, Krishnanagar,

Agartala, West Tripura.

 

      4. Assistant General Manager,

ATM Services/ Cash Logistic,

State Bank of India,

Local Head Office,

A.T. Road, Bharalumukh,

Guwahati-781 009.

 

 

      5. Branch Manager,

State Bank of India,

Main Branch Agartala,

at H.G. Basak Road, Agartala,

Tripura- 799001.

 

 

      6. Ms Anjali Shukla,

Branch Manager of 

State Bank of India,

Sector-12B, Dwarka, 

New Delhi-110 075.  ......... Opposite Parties.

 

 

__________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. DR. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C  O  U  N  S  E  L

 

For the Complainant : In person.   

 

For the O.P. : Sri Amritlal Saha,

  Sri Kajal Nandi,

  Advocates.

 

 

 

JUDGMENT  DELIVERED  ON: 22.03.2018.

 

J U D G M E N T

This case arises on the petition filed by Ghanshyam Behwal U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on 23.04.17 he  wanted to withdraw Rs.20,000/- from S.B.I. ATM Centre at Dwarka Branch, Delhi. He entered into ATM counter and found 2 ATM machines, one in the right side another in the left side. He used the right side machine. But transaction  could not be processed as ATM was not working. Thereafter he used another ATM. But that ATM also failed to processes. His request at the beginning failed but when he tried again and again giving the amount of Rs.10,000/- his attempt was successful and he withdrew Rs.20,000/-. Thereafter he received the information in the mobile about withdrawal of Rs.20,000/-. Then he left Delhi and thereafter got one message showing the debit of another Rs.20,000/- from his account. Though his attempt was failure as ATM not working. Email sent with details and also made contact with SBI centre, Dwarka. Thereafter he sent mail to the Manager. He also submitted written complaint before the AGM, Agartala main branch whether his account was opened. Unfortunately his claim was rejected on 04.05.17. Being aggrieved and dissatisfied by the deficiency of service of O.P., SBI, Bank he filed this petition to get back the amount Rs.20,000/- and also Rs.50,000/- for mental agony and harassment. 

 

2. O.P. SBI authority appeared filed written statement denying the claim. It is stated that Video footage of the ATM machine is to be examined and thereafter decision will be taken in respect actual fact. It is also stated that the amount was withdrawn and there was no deficiency of service by SBI authority. 

 

3. On the basis of assertion denial made by the parties following points cropped up for determination

(I) Whether the ATM machine of SBI of Delhi, Dwarka Branch were properly working and money amounting to Rs.20,000/- was withdrawn?

(II) Whether there was deficiency of service by O.P. SBI and petitioner is entitled to get compensation?

 

4. Petitioner side produced the complaint details copy and also his statement on oath was recorded.

 

5. O.P. on the other hand produced CC TV video footage and Transaction report(CMS) and also the statement on affidavit of Sashanka Lal Chowdhury, Deputy Manager, SBI. 

 

6. On the basis of all these evidence we shall now determine the above points.

Findings and decision:

7. In this instant case in the course of trial O.P. produced the CC TV video footage. In para-5, O.P. clearly stated that video footage will be produced before the Hon'ble Forum for examination. So in this case only evidence is video footage to prove the evidence given by the petitioner.

 

8. It is admitted fact that Petitioner, Commandant, CRPF used the ATM machine of SBI of Dwarka, Delhi. From examination of the video footage it is found that there were 3 machines. One is used for up to date the Pass Book. Another one in the right side for withdrawal of money and 3rd one in the left side for withdrawal of money. It is found from the video footage that petitioner Ghanshyam Behwal  was waiting on the  gate when another person was using the ATM machine in the right side. Thereafter he entered into ATM counter and he used the right side machine. But the picture shows that he could not collect any amount from the right side one. Swiped the ATM card 3 times but failed. It is seen that another person used the right side ATM but his attempt also failed. 2/3 persons tried to use the right side ATM machine but from the picture it is clear that the machine was not working. From the video footage it is found that left side ATM machine was working and other persons were withdrawing money from that machine. Petitioner thereafter used the left side one 2 times and video footage clearly shows that he received money. After receipt of the money he went near the gate of counter and left the ATM counter. From examining the video footage it is clear that right side machine was not working. It is also clear that 2 attempts of the petitioner was successful. Transaction slip not produced before us. The Pass Book showing debit of Rs.20,000/- also not produced for examination. O.P. SBI authority also failed to produce the transaction slip or transaction report of that very day at Dwarka, Delhi. They only produced video footage. 

 

9. Sashanka Lal Chowdhury, D.W. 1, Deputy Manager, SBI stated that the machine is controlled by New Delhi Branch of SBI. It is not supervised by Agartala Branch. He only maintaining the Agartala Branch. But O.P. did not deny that Rs.20,000/- in excess total Rs.40,000/- was debited from the account though petitioner had withdrawn only Rs.20,000/-. His first attempt was not successful as right side machine not working but received the message that his first attempt was successful the amount of Rs.20,000/- was debited. 

 

10. From the video footage, it is clear that the 1st attempt was not successful. Unfortunately the ATM Branch confirmed that the transaction was successful for withdrawal of Rs.20,000/-. From the scrutiny of time it is found that there was withdrawal Rs.20,000/-, Rs.10,000/- each in 2 times and the same was rightly debited from his account. His first attempt in the right side ATM  was unsuccessful as the machine itself was not working. Other customers also failed to collect any amount from that. Inspite of that the report comes to support that Rs.20,000/- was withdrawn in the first attempt. When the machine was not working then how such report is given can not be understood. 

11. From the video footage it is clear that the right side machine was not working and Rs.20,000/- was not withdrawn. Petitioner is therefore entitled to get back Rs.20,000/-(Rupees Twenty Thousand) from O.P., SBI. Petitioner is also entitled to get Rs.15,000/-(Rupees Fifteen Thousand) for its harassment and deficiency of service of O.P. SBI. We therefore, direct the O.P. to pay Rs.35,000/-(Rupees Thirty Five) to the petitioner as Rs.20,000/- was debited from his account by showing fake transaction. This  is  revealed from the video footage. Thus,  the points are decided.

12. In view of our above findings over the points, we direct the O.P. SBI to pay Rs.35,000/-(Rupees Thirty Five Thousand) to the petitioner within 2(two) months, if not paid it will carry interest @ 9% P.A. 

Announced.

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA