BEFORE THE MANDYA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANDYA PRESENT: 1. SIDDEGOWDA, B.Sc., LLB., President, 2. M.N.MANOHARA, B.A., LLB., Member, 3. A.P.MAHADEVAMMA, B.Sc., LLB., Member, ORDER Complaint No.MDF/C.C.No.35/2009 Order dated this the 10th day of July 2009 COMPLAINANT/S Sri.N.Shankaregowda S/o Late Lingegowda, R/o Hosuru Muddana Doddi, Keragodu Hobli, Mandya Taluk. (By Sri.S.Srinivasa., Advocate) -Vs- OPPOSITE PARTY/S 1. The Manager, Corporation Bank, Mandya Branch, No.1751, Kalyani, Vidhyanagar, K.R.Road, Mandya City. 2. The Chief Manager, Corporation Bank, F.T.S. Centre, 87, K.R.Road, Bangalore. (By Sri.Shivalingaiah., Advocate) Date of complaint 03.04.2009 Date of service of notice to Opposite parties 21.04.2009 Date of order 10.07.2009 Total Period 2 Months 19 Days Result The complaint is dismissed. However, there is no order as to costs. Sri.Siddegowda, President 1. This complaint is filed under section 12 of the Consumer Protection Act, 1986 against the Opposite parties for a direction to pay Rs.5,000/- with interest and Rs.10,000/- for mental agony. 2. The case of the complainant is that he is an account holder in 1st Opposite party Bank bearing S.B.Account No.01/019602. He is also ATM card holder issued by Opposite party bearing Card No.4027410139013504. On 11.11.2007, there was balance of Rs.16,525/- in his account. On that day at 8.26 a.m., he withdrew Rs.10,000/- at ATM counter of Opposite party situated at Mandya-Mysore, Main Road. He did not withdrew any more amount, since he need to keep balance of more than Rs.5,000/- in his account for the reason to show his readiness and willingness to purchase land in view of agreement of sale and in fact, he has filed a suit in O.S.No.52/2007. Therefore, he was under impression that there is a balance of Rs.6,525/- in his account. On 30.07.2008 when he obtained account extract to produce before the Civil Court, to his surprise, a debit entry was falsely made as on 11.11.2007 showing the withdrawal of Rs.5,000/- from his account, though he has not withdrawn the said amount. The complainant on many time requested 1st Opposite party for correction of the above said act done by his subordinate employees, but his request was turned down. Therefore, the complainant suffered loss and injury on account of deprivation, harassment, mental pain and agony. In spite of legal notice dated 30.10.2008, the Opposite parties have given evasive reply. Therefore, the present complaint is filed. 3. The Opposite parties have filed version admitting that the complainant is an S.B. Account Holder and also ATM card holder in Opposite party Bank. It is also admitted that there was credit balance of Rs.16,525/- on 11.11.2007 in his account and the complainant had withdrawn Rs.10,000/- through his ATM card on 11.11.2007 at 8.26 a.m. Admitting that there is an debit entry showing withdrawal of Rs.5,000/- on 11.11.2007 at 8.25 a.m., it is denied that the Opposite parties have falsely debited to his account and the complainant has not withdrawn Rs.5,000/- on 11.11.2007 through his ATM card on 11.11.2007 at 8.27 a.m. Though the complainant requested for correction of the entries, the Opposite parties after due verification of Electronic Journal Log and also statement of account of the complainant, found that the complainant has withdrawn Rs.5,000/- on 11.11.2007 at 8.27 a.m. and the credit balance is only Rs.1,525/-. The same was informed through the reply notice dated 06.11.2008. It is denied that the Opposite parties have committed deficiency in service and they are negligent and caused loss to the complainant. At the time of issue of ATM card a secret Pin Code was given to the complainant. In order to withdraw money from ATM counter one must feed the computer with ATM card and secret Pin Code number and unless ATM card and pin code is feeded, it is impossible to withdraw the money. The complainant being in possession of ATM card and pin code can only withdraw the money and no other. Therefore, the Electronic Journal Log and account statement clearly proves that the complainant has withdrawn Rs.5,000/- on 11.11.2007 at 8.27 a.m.. Therefore, the complainant is not maintainable and the complainant is not entitled to any relief and the complaint is liable to be dismissed with exemplary costs. 4. During trial, the complainant is examined with his affidavit and documents marked as Ex.C.1 to C.5. On behalf of the 1st Opposite party is examined and Ex.R.1 is produced. 5. We have heard both the sides. 6. Now the points that arise for our considerations are:- 1. Whether the complainant proves that the 1st Opposite party Bank Staff have made debit entry falsely on 11.11.2007 showing the withdrawal of Rs.5,000/- from his account? 2. Whether the Opposite party has committed deficiency in service? 3. Whether the complainant is entitled to the relief sought for? 7. Our findings and reasons are as here under:- 8. POINT NO.1:- The undisputed facts are that the complainant is an account holder bearing S.B.A/c No.01/019602. He is also ATM card holder issued by the Opposite party Bank and on 11.11.2007 there was a balance of Rs.16,525/- in his account and on 11.11.2007 at 8.26.57 seconds, the complainant has withdrawn Rs.10,000/- from the ATM counter using his ATM card and withdrawal slip as per Ex.C.1 is obtained, showing the balance of Rs.6,525/- in his account. 9. The grievance of the complainant is that he has kept that amount in his account for the purpose of showing the amount ready for purchase of the land in view of the agreement of sale and filing of suit and only on 30.07.2008 he obtained account extract to produce before the Civil Court. But, he found a debit entry was falsely made as on 11.11.2007 at 8.27 a.m. showing the withdrawal of Rs.5,000/- from his account, though he had not withdrawn the said amount. Then, he requested to rectify and got issued a legal notice as per Ex.C.3 & Ex.C.4 and Opposite party issued reply as per Ex.C.5 stating that the complainant has withdrawn the said amount of Rs.5,000/- through his ATM card and the copy of the Electronic Journal Log was sent to the complainant. 10. Now, the contention of the complainant is that he has not at all withdrawn Rs.5,000/- using the ATM card and false entry has been made and it may be the negligence of the staff of the Opposite party Bank or ATM machine defect. But, the Opposite parties have produced Ex.R.1 the extract of Electronic Journal Data and 1st Opposite party has given evidence that as per the Electronic Journal Data of the ATM machine, the entries are entered in the account of the S.B. Account of the complainant and denied there is false entry has been made. 11. It is an admitted fact that on 11.11.2007 at 8.26 a.m., the complainant has withdrawn Rs.10,000/- from his S.B. Account using his ATM card and as per the ATM slip Ex.C.1 there was balance of Rs.6,525/-, but in the account extract Ex.C.2 there is debit entry of Rs.5,000/- on 11.11.2007 at 8.27 a.m. showing the drawel of the amount. According to the complainant, he has not at all withdrawn the amount using the ATM and it is a false entry. But, Opposite parties have produced Ex.R.1, the Electronic Journal Data. It shows the drawal of Rs.10,000/- on 11.11.2007 at 8.26.57 a.m. and again the Fast Cash Withdrawal of Rs.5,000/- on 11.11.2007 at 8.27.50 a.m. The evidence of the Opposite party is that the recording of ATM withdrawal will be recorded by electronic method which is Central Located in Bangalore. It is an admitted fact that it is known to everybody that for withdrawal of the amount from the ATM counter, one has to feed his ATM card with pin code (secret number) given to the card holder. Unless the ATM card is feeded to the ATM machine and pin code number is typed, the ATM machine will not further proceed for withdrawal of the amount or get a statement of balance or mini-statement of account. The ATM machine will function only on feeding the ATM card and card number and electronically the ATM machine will work and records the operation and it is central monitored and the staff of the Opposite party Bank has no role to play in recording the transaction made through ATM card. According to the 1st Opposite party, while operating the ATM machine, if the amount is struck and the amount has been deducted from the account, the difference of amount would come to the notice of Controlling Office, but the account number will not be known and if account holder gives an application immediately it can be rectified after verification. Though, it is suggested that when the complainant made transaction through ATM without receiving the money from the ATM counter, the amount has been deducted from his account, but it is not the case of the complainant at all, because according to him, he has withdrawn Rs.10,000/- only on that day and he has not at all Rs.5,000/- at any time and false entry has been made. Since the ATM transactions are recorded electronically only after using the ATM card with pin number by the customer, then only the transaction completes and it will be recorded electronically in the controlling office and same would be recorded automatically in the accounts of the customer. Under these circumstances, the complainant has failed to prove that there is false entry of withdrawal of Rs.5,000/- by the Opposite party Bank on 11.11.2007 by the employees of the Opposite party Bank and he has not at all withdrawn Rs.5,000/- on that day through ATM. Therefore, we answer the point against the complainant. 12. POINTS NO.2 & 3:- According to the complainant, by making false entry of drawal of Rs.5,000/-, the Opposite party Bank has committed deficiency in service and the complainant has sustained loss and he was harassed and suffered mental agony. But, the complainant has failed to prove that the Opposite party has committed deficiency in service as alleged. Therefore, the complainant is not entitled to the relief sought for. 13. In the result, we proceed to pass the following order; ORDER The complaint is dismissed. However, there is no order as to costs. (Dictated to the Stenographer, transcribed, corrected and then pronounced in the open Forum this the 10th day of July 2009). (PRESIDENT) (MEMBER) (MEMBER)
