Punjab

Moga

CC/17/29

Jagdeep Singh - Complainant(s)

Versus

Corporation Bank - Opp.Party(s)

In person

27 Sep 2017

ORDER

THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

 

                                                                                      CC No. 29 of 2017

                                                                                      Instituted on: 08.03.2017

                                                                                      Decided on: 27.09.2017

 

Jagdeep Singh, aged 53 years, Teacher son of Manmohan Singh, r/o Rania District Moga, now residing at House no.242, Chakkiwali Gali Moga.

                                                                                ……… Complainant

 

Versus

Corporation Bank, Near LIC office, G.T. Road, Moga, through its Branch Manager/Principal Officer.

                                                                           ……….. Opposite Party

 

 

Complaint U/s 12 of the Consumer Protection Act, 1986.

 

 

Quorum:    Sh. Ajit Aggarwal,  President

                   Smt. Vinod Bala, Member

                   Smt. Bhupinder Kaur, Member

 

Present:       Sh. Jagdeep Singh, complainant in person.

                   Sh. S.K. Dhir, Advocate Cl. for opposite party.

 

 

ORDER :

(Per Ajit Aggarwal,  President)

 

1.                Complainant has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act") against Corporation Bank, Near LIC office, G.T. Road, Moga, through its Branch Manager/Principal Officer (hereinafter referred to as the opposite party) directing them to pay a sum of Rs.12,000/- with interest till its realization due to defect in ATM of the opposite party. Further opposite party may be directed to pay Rs.50,000/- as compensation for causing him mental tension, harassment and agony to the complainant or any other relief to which, this Forum deems fit and proper in the circumstances of the case be granted to the complainant.

2.                Briefly stated the facts of the case are that complainant is having Saving account no.066400101001857. The complainant is working as a teacher in Senior Secondary School, Rania District Moga and salary of the complainant is being deposited by the concerned officer of Education Department in the said account of the complainant. The complainant was in need of money. The complainant went to the concerned Bank ATM and applied to withdraw the amount of Rs.15,000/- on 24.06.2016 at 10.9 am. But due to the defect the complainant could not receive any amount. He informed the concerned manager, who told that there is a problem in network and this amount will be credited into his account directly after some time. Thereafter, the complainant applied for an amount of Rs.5000/- on the same date at 10.14 am. But he could not receive the amount due to fault in the ATM Machine. Thereafter, he went to his house and after one hour he received a message from the said bank that the amount of Rs.5000/- has been credited in your account. But he did not receive any message regarding the amount of Rs.15,000/-. Thereafter, the complainant went to the office of opposite party and got checked the camera in the office of the bank and came to know that after some time the said ATM machine has started its functioning and some unknown person has taken the said amount. The complainant was told to lodge report and accordingly a report was lodged with Police Station City Moga. The police employee came on the spot and seen the camera on the same date. But no action has been taken in this regard. The complainant approached the concerned manager and requested to credit sum of Rs.15,000/- which has not been received by him. The Bank Manager told that he is unable to make payment of Rs.15,000/- in lumpsum. He will make payment in installments. The complainant was suggested to open FDR account. Accordingly account FDR/01/160005 was opened on 08.08.2016 and the opposite party has credited a sum of Rs.1000/- on 8.8.2016, Rs.1000/- on 09.09.2016 and Rs.1000/- on 25.10.2016. In this way a sum of Rs.3000/- has been credited into the account of the complainant. After that the bank manager refused to credit any amount in the account of the complainant. The complainant has not been paid remaining amount of Rs.12,000/- so far. There has not been any ground or reason for not making the remaining payment to complainant. The complainant is entitled to receive the remaining amount. The complainant approached to opposite party to pay the amount in question, but to no effect. Due to the aforesaid illegal and unwarranted acts of the opposite parties, the complainant has suffered huge mental tension, harassment and agony. Hence this complaint.

3.                Upon notice, opposite party appeared through counsel and filed written reply taking certain preliminary objections that present complaint is not maintainable; that no cause of action arose to complainant against opposite party. The complainant has concealed the true facts. The actual facts are that the complainant is having saving account in his name bearing account no. 0664/SB/001857 in opposite party bank branch. The complainant came to onsite ATM of opposite party on 24.06.2016 at 10.04 am. Complainant made entry of his ATM card in ATM machine for withdrawal of an amount of Rs.15,000/-. The ATM machine took some time for processing the transaction. Complainant did not wait and came outside the ATM Room and came inside the opposite party bank branch to tell his problem. In the meanwhile, cash of Rs.15,000/- came out and in his absence some unknown person took this cash amount of Rs.15,000/- and went away as is seen from CCTV footage. Thus, the transaction of withdrawal of amount of Rs.15,000/- by the complainant from his saving account through ATM was successful. The opposite party reported this matter of theft of amount of Rs.15,000/- of complainant by some unknown person to the SHO Police Station, Moga vide its letter No.OR/Moga/89/2016-17 dated 28.07.2016. The SHO marked this complaint to ASI Kuldeep Singh for investigation on 28.07.2016. Thus, there is no deficiency in service on the part of opposite party as transaction of withdrawal of amount of Rs.15,000/- from abovesaid saving Bank account of the complainant through ATM was successful and an amount of Rs.15,000/- was rightly debited to the said saving bank account of the complainant. It is a case of theft of an amount of Rs.15,000/- of complainant by some unknown person and matter is between complainant, police and unknown accused. Investigation regarding offence of theft by unknown person of amount of Rs.15,000/- of complainant is pending with the police. Thus, when the complainant entered the card in the ATM Machine at 10:04:50 am, it was supposed to wait for at least two minutes. But the complainant waited only for 20 seconds and came out of ATM room and again entered in ATM Room, whereas amount of Rs.15,000/- came out within 40 seconds. Thus, opposite party bank is not liable for negligent conduct of the complainant/card holder.

                   As per terms and conditions for corporation Bank ATM Cards, the condition no.5 says as under:-

Transaction Responsibilities: The card holder will be responsible for all types of transactions processed by the use of Corporation Bank ATM cards, whether or not processed with his knowledge or authority, express or implied. The card holder will accept the bank's records of transaction as conclusive and binding for all purposes.

                   Similarly condition no.14 (ii) says as under:-

The Bank's own record of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes unless any discrepancy is pointed out by the card holder within stipulated period.

                   Similarly condition no.17 runs as under:-

Liability of the Bank:

(i) The Bank shall not be liable for any unauthorized transactions occurring through the use of ATM card facility which can be attributed to the fraudulent or negligent conduct of the card holder.

(ii)  The bank shall not in no circumstances be held liable to the user if ATM facility is not available in desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disastrous, legal restraints, faults in telecommunications network or network failure, software or hardware error or any other reason beyond the control of the bank.

(iii) Under no circumstances shall the bank be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the card holder or any other person.

                   Hence there is no deficiency in service on the part of opposite party bank. On merits, it is admitted to the extent that on 24.06.2016, the complainant withdrew an amount of Rs.15,000/- through ATM. There was no defect in the machine and the transaction of withdrawal of Rs.15,000/- by the complainant was successful. The grouse of complainant does not relate to the tendering of service by the opposite party bank. It is admitted that machine started functioning after some time. The ATM machine was in order and was correctly functioning. The complainant was supposed to wait for about two minutes for the coming out of amount of Rs.15,000/-. Complainant did not wait for abovesaid waiting period and in his absence, some unknown person took away said amount of Rs.15,000/-. All other allegations made in the complaint have been denied and a prayer for dismissal of the complaint with costs has been made.

4.                In order to prove the case, complainant tendered in evidence his duly sworn affidavit as Ex. C-1 and copies of documents Ex.C-2 and Ex.C-10 and closed the evidence. 

5.                On the other hand, opposite party tendered in evidence affidavit of Sh.Rajinder Singh, Branch Manager Ex.OP-1 and copies of documents Ex.OP-2 to Ex.OP-10 and compact Disc as Ex.OP-11, Pen Drive as Ex.OP-12 and closed the evidence.

6.                We have heard ld. counsel for the parties and have very carefully gone through record placed on file.

7.                The case of the complainant is that complainant is having Saving account with opposite party bank. The complainant was in need of money. He went to the concerned Bank ATM and applied to withdraw the amount of Rs.15,000/- on 24.06.2016 at 10.9 am. But due to the defect the complainant could not receive any amount. He informed the concerned manager, who told that there is a problem in network and this amount will be credited into his account directly after some time. Thereafter, the complainant applied for an amount of Rs.5000/- on the same date at 10.14 am. But he could not receive the amount due to fault in the ATM Machine. Thereafter, he went to his house and after one hour he received a message from the said bank that the amount of Rs.5000/- has been credited in your account. But he did not receive any message regarding the amount of Rs.15,000/-. Thereafter, the complainant went to the office of opposite party and got checked the camera in the office of the bank and came to know that after some time the said ATM machine has started its functioning and some unknown person has taken the said amount. The complainant also lodged a complaint with Police Station City Moga. The complainant approached the concerned manager and requested to credit sum of Rs.15,000/- which has not been received by him. The Bank Manager told that he is unable to make payment of Rs.15,000/- in lumpsum. He will make payment in installments. The complainant was suggested to open FDR account. Accordingly account FDR/01/160005 was opened on 08.08.2016 and the opposite party has credited a sum of Rs.1000/- on 8.8.2016, Rs.1000/- on 09.09.2016 and Rs.1000/- on 25.10.2016. In this way a sum of Rs.3000/- has been credited into the account of the complainant. After that the bank manager refused to credit any amount in the account of the complainant. The complainant has not been paid remaining amount of Rs.12,000/- so far. There has not been any ground or reason for not making the remaining payment to complainant. In reply, opposite party admitted that the complainant is having saving account in his name in opposite party bank branch. They submitted that the complainant came to onsite ATM of opposite party on 24.06.2016 at 10.04 am. Complainant made entry of his ATM card in ATM machine for withdrawal of an amount of Rs.15,000/-. The ATM machine took some time for processing the transaction. The complainant had to wait atleast two minutes, but he did not wait and came outside the ATM Room and came inside the opposite party bank branch to tell his problem. In the meanwhile, cash of Rs.15,000/- came out and in his absence some unknown person took this cash amount of Rs.15,000/- and went away as is seen from CCTV footage. Thus, the transaction of withdrawal of amount of Rs.15,000/- by the complainant from his saving account through ATM was successful. The opposite party reported this matter of theft of amount of Rs.15,000/- of complainant by some unknown person to Police Station, Moga. Thus, there is no deficiency in service on the part of opposite party as transaction of withdrawal of amount of Rs.15,000/- from abovesaid saving Bank account of the complainant through ATM was successful and an amount of Rs.15,000/- was rightly debited to the said saving bank account of the complainant.

8.                We have thoroughly gone through the file, evidence and arguments lead by ld. counsel for parties. The main allegation of the complainant is that there was defect in the said ATM machine, because despite making transaction of Rs.15,000/- and Rs.5000/- he did not receive the amount. On it, ld. counsel for opposite party submitted that complainant came to onsite ATM of opposite party on 24.06.2016 at 10.04 am. Complainant made entry of his ATM card in ATM machine for withdrawal of an amount of Rs.15,000/-. The ATM machine took some time for processing the transaction. Complainant did not wait and came outside the ATM Room and came inside the opposite party bank branch to tell his problem. In the meanwhile, cash of Rs.15,000/- came out and in his absence some unknown person took this cash amount of Rs.15,000/- and went away as is seen from CCTV footage. We are of the considered opinion that as per his own version of the complainant, when he made transaction of Rs.15,000/-, he did not receive any amount and immediately came out from the ATM machine and approached to manager of the bank. This fact is also clear from the statement of account of complainant. Further he stated that he reported the matter to the opposite party and on it, they shown him CCTV footage of said ATM machine and in the camera it has seen that after some time said ATM machine started its functioning and some unknown person has taken the said amount. From the above, it is clear that complainant is at fault, as he did not wait and came outside the ATM room, while transaction is in process. Further the complainant alleged that the bank manager told him that he is unable to make payment of Rs.15,000/- in lumpsum and he will make the payment in installments and suggested the complainant to open FDR account. On it, ld, counsel for opposite party submitted that complainant concocted a false story in order to get undue benefits from them. He submitted that the complainant at his own opened FDR account and there is no document on record to prove this version of the complainant.

9.                From the above discussion, we are of the considered opinion that the complainant is failed to prove his allegation that there are defect in the ATM machine. Hence the present complaint is hereby dismissed. Parties are left to bear their own costs. Copy of the order be supplied to the parties, free of costs. File be consigned to record room.

Announced in Open Forum

Dated 27.09.2017

                                (Bhupinder Kaur)         (Vinod Bala)           (Ajit Aggarwal)               

                                  Member                     Member                              President