IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/9/2019.
Date of Filing: Date of Admission: Date of Disposal:
15.01.19 24.01.19 20.08.19
Complainant: Prodip Kumar Chaki
S/o Late Provat Kumar Chaki
Vill-Chuanpur, Bidhannagar
PO-Chaltia,
PS-Berhampore, Dist-Murshidabad
Pin-742407
-Vs-
Opposite Party: 1. Chief Manager,
State Bank Of India, Berhampore Branch
PO & PS- Berhampore,
Dist-Murshidabad
Pin- 742101
2.The Regional Manager,
State Bank Of India, Berhampore Main Branch
PO & PS- Berhampore,
Dist-Murshidabad
Pin- 742101
3. General Manager,
(Main Branch State Bank of India)
Kolkata 1 Strand Road, W.B.
Agent/Advocate for the Complainant : Sri. Mahatab Ali.
Agent/Advocate for the Opposite Party Nos. 1 &2 : Sri. Rajdip Goswami.
Agent/Advocate for the Opposite Party Nos. 3 : None.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Smt. Aloka Bandyopadhyay, Member.
This is a complaint under section 12 of the CP Act, 1986.
One Prodip Kumar Chaki (here in after referred to as the Complainant) filed the case against The Chief Manager, State Bank of India, Berhampore Branch and Others (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant has a savings bank account bearing No.11293944102 in the State Bank of India, Berhampore Branch, Murshidabad. On 23.07.18, the Complainant received a mobile phone call at about 12 P.M. asking the ATM card number, Password. The Complainant provided the same to that unknown person and after a few minutes the Complainant received two messages from where he came to know that a sum of Rs.39,990/- at 12.57 P.M. and Rs.10,000/- has been withdrawn from his aforesaid savings account at about 1.00 P.M. The Complainant lodged a GD on 23.07.18 being No. 1717 of 2018 and filed the complaint before the Bank and ultimately he filed the case praying for refund of Rs.49,999/- which was deducted from his savings account along with compensation of Rs.10,000/- and with other reliefs.
The OPs contested the case by filing written version on 26.02.19, contending that the case is not maintainable. The OPs denied the allegations of the Complainant. It is the case of the OPs that the ATM equipment does not accept anything except ATM card and pin and pin is like a password and it is only within the knowledge of the card holder. Any withdrawal through ATM cannot be possible without ATM card and secret four digit pin. OP further stated that RBI and Bank always tried to conscious its customer through media, newspaper etc. regarding ATM matter. After receiving the complaint the Bank Manager enquired into the matter and came to know that using debit card the aforesaid amount was withdrawn from the SB account of the Complainant. It is the gross negligence on the part of the Complainant and the redressal of the Complainant is not convenient against the OPs and the same is liable to be dismissed with cost.
On the basis of the above versions following points are framed for proper adjudication of the case :
Points for decision
- Is the Complainant a consumer under the provision of the CP Act, 1986?
- Is there any deficiency in service on the part of the OPs, as alleged?
- Is the Complainant entitled to get any relief, as prayed for?
Point no.1
The Complainant submits that the Complainant is a consumer as he hired the services of the OP No.1 for consideration.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986 as he hired services of the OPs for consideration.
Point Nos.2&3
The Ld. Advocate for the Complainant submits that the Complainant has received a phone call on 23.07.18 asking him about the ATM card number and Password for the account bearing No. 11293944102 having the account balance of Rs.61,175.78/-. With the State Bank of India, Berhampore Branch, Murshidabad. And the account balance was Rs.61,175.78/-. On providing the ATM card number and Password the Complainant received two messages in his mobile handset and from where he came to know that a sum of Rs. 39,999/- and Rs.10,000/- has been debited from his savings bank account at about 12.57 pm and 1.00 pm respectively.
In reply, the Ld. Advocate for the OPs submit that no human manipulation is possible for any transaction in ATM and no transaction can be made without ATM card and secret pin number which is exclusively within the knowledge of the card holder and the complainant furnished the ATM card no and Password to an unknown person over phone. He further submits that the OPs have no deficiency in service in this case and the Complainant is not entitled to get any relief.
Perused the written complaint, written version, evidence, documents filed by both sides. It is the allegations of the Complainant that he did not withdraw the total amount of Rs.49,999/- and he lodged a complaint before Berhampore Police Station. It is the case of the complainant that he shared his ATM card number and Password to an unknown person on receiving a phone call on 23.07.18. It is true that RBI and Banks always try to conscious its customer through media, newspaper etc. regarding ATM matter and provides the message that the Bank never asked for ATM card number and PIN or Password. So, it is the gross negligence on the part of the Complainant to share his card No and PIN to an unknown person.
I have also perused the judgement passed by the Hon’ ble National Consumer Disputes Redressal Commission in State Bank Of India vs K.K.Bhalla ,II (2011) CPJ 106(NC).
Considering the facts and circumstances and with due regard to the judgement passed by the Hon’ ble Consumer Disputes Redressal Commission we find that the Complainant is not able to establish that the OPs have any deficiency in service. Hence, the complaint is not entitled to get any relief.
Reasons for delay
The Case was filed on 15.01.19 and admitted on 24.01.19. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case fails.
Fees paid are correct. Hence, it is
Ordered
that the complaint case No. CC/9/2019 be and the same is hereby dismissed on contest against the OPs without cost.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
