DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C NO. 24 OF 2014
Present: Sri Rabindranath Mishra - President
Miss Sudhira Laxmi Pattanaik - Member.
Sri Chakadola Mallick - Member.
M. Jagannath Rao, aged – 59 years
S/O: Late M. Raghunath Rao
At: Rama Mandir Street, Phulbani
PO/PS: Phulbani Town. Dist: Kandhamal.
Profession – Govt service .At present
Working as A.S.I of police, Daringbadi
JMFC Court, Daringbaadi Dist: Kandhamal. …………… Complainant.
Versus.
Chief Manager
State bank of Indian, Phulbani branch, Phulbani
At/PO/PS: Phulbani Town. Dist: Kandhamal. …………… Opp. Parties
For the Complainant: Self.
For the Opp. Parties: Sri S.K Mahapatra and his associates.
Date of Order: 30-03-2015
O R D E R
The case of the Complainant in short is that on 17-01-2010 at 9.17 A.M he was withdrawn Rs. 2,000/- through his A.T.M card from the S.B.I, A.T.M center of Phulbani market. On 18-01-2010 when he checked his balance of the account through A.T.M card he came to know that some body has taken Rs. 16 thousand from his account on 17-01-2010 at 9.22 A.M. He intimated the fact to the Opposite Parties on 18-01- 2010. Opposite party reported the matter before Town police Station of Phulbani. Accordingly the opposite Party and the Sub Divisional Police Officer jointly visited the A.T.M counter and checked close circuit camera V.D.O. They found that 16 thousand was withdrawn by some other person from A.T.M counter No.3 of Phulbani on 17-01-2010 at 9.20 A.M. As no action was taken by the O.P he lodged the complaint before banking Ombudsman, B.B.S.R who disposed of the complaint on 20th April 2011. The Oppsite party promised him to refund his misappropriation money to his account but as he failed, the Complainant filed this complaint before this Forum to get back his stolen amount with compensation of Rs. 20,000/- and cost of litigation.
-2-
The case of the Opposite party as per his version is that the allegation of the Complainant is false. On 17-01-2010 the Complainant withdrawn Rs. 16,000/- by using ATM card from the ATM counter of Phulbani medical Chaka as per transaction reflected in computerized system of the banking process maintained by State bank of India .The Bank does not have any such enquiry or investigating agencies to ascertain who was the person withdrawn the amount from the A.T.M specially at belated stage. The said transaction was successful in nature and the same has been reflected in the account ledger of the Complainant. Further the A.T.M machine was absolutely in order as there are also other transactions affected on the same day by other account holders. It is no possible to verify the CC TV FOOTAGE of the ATM since not available. As the data in the preserving devise was used to override after lapse of six months as per R.B.I norms. As the ATM card was issued to the Complainant and the secret code was kept under his custody, the money could not be withdrawn fraudulently by some body without the knowledge of ATM card holder. Hence, as the Complainant framed this complaint under the fake allegation the same is not maintainable and there is no deficiency in service on the part of the opposite Party and prayed to dismiss the complaint with cost.
In this case neither the Complainant nor the Opposite party adduced any evidence in support of their case in shape of affidavits. Further we have carefully gone through the documents filed by both the parties. Perused the complaint petition and the version of the Opposite Party we have also heard the learned counsels hearing for both the parties. It is an admitted fact that the Complainant is a account holder having ATM facility under the Opposite party and the Consumer under the preview of section 2 (d) of C.P Act in this case. The main issue for consideration is that whether on 17-01-2010 an amount of Rs. 16,000/- was taken by some other person from his account from the ATM center of the O.P Bank. From the withdrawal chart dated. 17-01-2010 it reveals that Rs. 16,000/- was withdrawal from the account of the Complainant on the same day at 9.22 A.M by help of ATM card of the Complainant. The Complainant stated in his complaint petition is that he withdrawn Rs. 2,000/- on 17-01-2010 at 9. 17 A.M but the same was not reflected in the withdrawn slip handed over to the Complainant by the Opposite Party and also list filed by the O.P in this case. There is absolutely no evidence regarding withdrawn of Rs. 2,000/-on the same day by the Complainant. It is alleged by the Complainant in his letter given to the Chief General Manager, BBSR through Opposite Party that a joint verification was conducted on 18-01-2010 in presence of the General Manager SBI, Phulbani to check the close cercuit Camera and found that Rs. 16,000/- was withdrawn by some other person from ATM counter no.3 on 17-01-2010 at 9.22A.M but the copy of the such joint verification report is not available in the record. There is not also suitable evidence was given by the Complainant to corroborate this fact. There is also no evidence but opposite Parties promised before the complainant to refuse the said amount to his account.
-3-
There is discrepancy regarding the place of the ATM Center. It is seen from the withdrawn slip that the ATM center was situated at Phulbani market but it is stated in the version of the O.P that the ATM counter situated at medical chaka of phulbani .The occurrence of place on 17-01-2010 in the mean time five years has already passed in absence of suitable evidence we are not inclined to allow the complaint petition of the Complainant in the above circumstance. Hence, the complaint petition is dismissed on contest but without any cost.
The C.C of disposed of accordingly .Supply free copies of this order to both the parties.
MEMBER MEMBER PRESIDENT
