J U D G M E N T
Brief facts of the case is that :- The Complainant is the customer of O.P. The State Bank of India of Nuapada Branch vide S.B. Account No. 11200139910. The Opposite party is the Branch Manager, State Bank of India, Nuapada Branch. The complainant has filed this case for deduction of Rs. 20,000/- from his SB Account on dated 07.11.2014 when the complainant has withdrawn Rs. 20,000/- from SBI ATM of Khariar without collecting money from the ATM Counter. The O.P. has refunded the amount to the account on the same day again deducted from the account of the complainant, the balance of the SB Account is Rs. 66315.89 on 06.11.2014. The complainant withdrew Rs. 3,000/- once again Rs. 20,000/- but in second times the money is not dispense but deducted from the account of the complainant Hrudananda Patel. Again the complainant has withdrawn from ATM (without money) but the printed slip shows personal withdraw from Bank. The complainant check the account exactly Rs. 20,000/- already deducted without money dispense with at the ATM Counter.
On the next day, the complainant has intimated the matter to the Branch Manager, SBI. But till today, the money was not refund back to his account. On 17.03.2015, the O.P. send a letter to the complainant for solve the problem of deduction.
The village of the complainant is 70 K.Ms from Nuapada, he approached the Branch Manager (O.P.) several times and got harassment and mental agony by the O.P. The complainant has pray for refund of money Rs. 20,000/- to the account and Rs. 20,000/- towards mental agony.
The O.P. has filed their version on dated 11.9.2015. The O.P. has claimed the ATM withdrawn of Rs. 20,000/- is successfully withdrawn from the account as per Bank record. There is no mistake or error by the O.P. as the complainant has withdrawn the money Rs. 20,000/- successfully. There is no deficiency in service on the part of the O.P. Neither it is the mistake nor ignorance of system of technology the complainant has done at the time of ATM withdraw. We the O.P. relied on the documents as below :-
- Statement of account of the complainant,
- Letter of S.B.I. Khariar to S.B.I. Nuapada.
The Hon’ble Forum has decided after hearing of both the parties alongwith their produced documents. It is the mistake of ATM not the petitioner but the O.P. who is the guardian / owner for safeguard the proper functioning of the ATM Counter in different places. If the mistake was done by the complainant, the machine identify the refunded amount and on the next date shows account withdrawal without any endorsement withdraw slip filed by the customer. As the transaction made on Khariar and the customer of Nuapada Branch, the withdraw never be possible at Khariar without the concerned branch. The O.P. has only filed the account statement which was man-made by then, prepared after the incident in question without filing the withdraw slip of the complainant and CCTV Footage. If it was withdrawn by Bank withdraw according to their statement. So the technical mistake of the ATM and computer of SBI (O.P.) was the loss of his own customer (the complainant).
Hence, perused the record filed by the petitioner and O.P. and after hearing and argument, the Forum has come to a conclusion that the O.P. State Bank of India has wrongly deducted Rs. 20,000/- from the account of the complainant without filing any documents, mentioned Bank withdrawn. Relying upon the affidavit and version of the O.P., the Bank (O.P.) has not given the money to complainant even not filed any documents or CCTV Footage for prove the case. The complainant has filed his affidavit and personally appeared before the Forum and explained the case detailed perused the record and after hearing and argument of both the parties.
O R D E R.
The Opposite party is directed to pay / refund Rs. 20,000/- to the account of the complainant alongwith 12% interest per annum from the date of deduction of the amount Rs. 20,000/- from the account of the complainant within two months from the dates of order.
Judgement pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 6th day of December 2016.
