J U D G E M E N T
Sri Biswanath De, Ld. President.
The complainant’s case in brief is that he has an account with the OP, and he has an ATM card for the said account, and on 17.10.2012 he withdrew a sum of Rs.3,000/- from his account at an ATM counter, and the with drawl slip showed that his balance was Rs.38,408.08/-. However, on 17.10.2012 itself he collected his statement from the same ATM, and noticed that the available balance was Rs.18,404.98/- i.e., Rs.20,000/- less than the earlier figure. On 17.10.2012 he again collected another statement from the said ATM counter, and he again found that there was a shortfall of Rs.20,000/- from his account. The complainant approached the OP for redress, and he was advised to complaint to the customer care service of the OP, but even though he complied with the advice, yet he obtained no relief. He met with the dealing assistance (ATM) to enquire about the theft of his complaint, but he was informed that someone else had withdrawn the said sum of Rs.20,000/- from his account. The complainant lodged a complaint on 25.10.2012 at Siliguri P.S. about the incident. On 21.06.2013 the complainant sent legal notice to
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the OP through his ld advocate, but the OP did not respond. The complainant accordingly, filed this case praying that the OP be directed to pay him the said sum of Rs.20,000/-, and he prays for some other reliefs as well.
The OP has filed written version denying inter-alia all the material allegations raised by the complainant. OP has submitted that it is a fact as it is evident from the Statement of Account of the complainant that complainant there had been a withdrawal of Rs.3,000/- only and of Rs.20,000/- only from the said Account of the complainant on 07.10.2012 and the said Statement of Account is attached herewith with the List of Documents filed by the OP. The complainant has therefore, has not filed the Statement of Account or the Pass Book of his Account in this connection to delude the entire facts.
As a matter of fact that there had been two transactions and the complainant is trying to suppress next transaction of Rs.20,000/-. Therefore, the allegation of the complainant is baseless and the complaint is liable to be dismissed.
Accordingly, the OP stated that the complainant is not entitled to get any relief as paid by him.
It appears from the complaint that alleged incident took place on 17.10.2012. He lodged complaint before the police on 25.10.2012 and on 21.06.2013 the complainant sent legal notice.
To prove the case the complainant has filed the following documents :-
1. Mini statement of State Bank of India dated 17.10.2012.
Except this complainant did not file his Pass Book to show the transaction. Apart from that the complainant has filed 9 (nine) documents.
1. Xerox copy of written complaint to I.C., Siliguri.
2. Xerox copy of F.I.R. being No.637/12 dated 25.10.2012.
3. Xerox copy of S.B.I. ATM Balance slip dated 17.10.12 at 11:07 hrs.
4. Xerox copy of S.B.I. ATM mini statement dated 17/10/12 at 11.10 hrs.
5. Xerox copy of S.B.U. ATM mini statement dated 17/10/12 at 11:11 hrs.
6. Xerox copy of Final Report being No.765/12 dated 31.12.12.
7. Xerox copy of a complaint to the Chief Manager, S.B.I., S.F. Road Branch, Siliguri.
8. Xerox copy of legal notice.
9. Xerox copy of intimation letter to the Head Post Master.
OP has filed one mini statement.
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Complainant has written notes of argument.
OP has filed written notes of argument.
Points for decision
1. Whether this Forum has territorial jurisdiction to entertain this case ?
2. Whether the complainant is a consumer or not ?
3. Whether there is deficiency in service on the part of the OP ?
4. Whether the complainant is entitled to get any relief as prayed for ?
Decision with reason
At the outset of discussion, it is to be noted that the alleged incident took place on 17.10.2012 from 11:07 to 11:11 hrs. Police was informed on 25.10.2012. Chief Manager, S.B.I. was informed on 05.06.2013. After getting the F.I.R., police investigated the case and was unable to trace the culprits or unable to unfold the truth. Accordingly, FRT was filed i.e., case was dropped.
Complainant has advanced argument attributing negligence on the OP bank.
OP has advance argument stating that without using ATM card and PIN number, no money can be withdrawn from any ATM bank. It is not the case of the complainant or complainant’s conduct shows that the ATM card was with him because he used ATM card on that date vide TXN No.2979 and withdrew Rs.3,000/- from his account. Then available balance was Rs.34,408/-. This statement also shows that on the same date at 11:11 hrs the complainant allegedly got mini statement. Therefore, as per his allegation and at 11:10 hrs the ATM card was with the complainant as revealed in the statement of ATM card filed and signed by the complainant. So, at 11:10 hrs it was not possible for anyone to use the ATM card and PIN number. Furthermore, it is not the case of the complainant that after withdrawing Rs.3,000/- at 11:07 hrs, he left the card elsewhere. After 4 (four) minutes he again punched his card i.e., 11:11 hrs and he got the mini statement showing withdrawal of Rs.20,000/-. From his own fact, his statement shows that at 11:10 hrs on that date, the said card holder as per statement withdrew Rs.20,000/- from the same ATM machine, the ID number is same. The complainant did not file his Pass Book.
However, from this statement it is clear what was actually happened ?
Merely, allegation of non-availability of CCTV footage or not taking any steps by Bank authorities is nothing but vague and baseless allegation. The
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complainant must prove his case with adequate reliable evidence, but failed to adduce such evidence. Rather the statement filed by him and filed by the OP bank goes against him.
Thus after considering the case of both sides, written argument of both sides, document in record, this Forum is of opinion that complainant miserably failed to prove his allegation against the OP Bank.
Therefore, the case fails.
Hence, it is
O R D E R E D
that the Consumer Case No.79/S/2014 is dismissed on contest against the OP Bank but without any cost.
Let copies of this order be supplied to the parties free of cost.
-Member- -President-
