DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.49/2015
Mr. Deepak Chauhan
S/o Sh. Madan Kumar Chauhan
8B/21/A Molarband Extn.,
Baderpur New Delhi - 110044 ….Complainant
Versus
ICICI Bank Ltd.
Through its Head North Zone
Senior General Manager
Nbcc Place, Bhishma Pitama
M.G. Lodhi Road, New Delhi-110003
The Branch Manager
ICICI Bank Ltd.
SCF-8-9-10, Ashoka Enclave-2
Sector-335, Faridabad-121003
The Branch Managing
ICICI Bank Ltd.
Mohan Co-operative, Industrial Area
Mathura Raod, New Delhi-110044
The Senior General Manager
ICICI Bank Ltd.
ICICI Phone Banking Centre, ICICI Bank Tower,
7th Floor Survey No.115/27, Plot No.12, Nanakramguda,
Serilingampally, Hyderabad-500032 ….Opposite Parties
Date of Institution : 20.02.2015
Date of Order : 14.12.2021
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Sh. U.K. Tyagi
Succinctly put, the Complainant is having an Saving Bank Account bearing No. 007101543966 with ICICI Bank ltd. Ashoka Enclave-2, Sector-35, Faridabad Branch and also having International Debit Card No. 4693-7500-7102-4149 with the validity upto March, 2022.
He further alleged that the Complainant went at ATM installed by the said Bank at Jaipur Road, Molar Band Extension, New Delhi for the withdrawal of Rs.10,000/- on 06.11.2013. After swiping of the said Debit Card, the ATM hanged and said withdrawal could not be carried out. He further stated that he went to nearby ATM installed by Punjab National Bank; and after swiping the Debit Card, he got withdrawal of Rs.10,000/-, and also received a message from ICICI Bank regarding withdrawal of Rs.10,000/-. After sometime, another message of withdrawal of Rs.10,000/- was received by him after using the Debit Card from ATM of ICICI Bank.
On receiving said message, the Complainant made the complaint at 12.40 pm on 06.11.2013 through Customer Care phone of ICICI regarding the fake transaction of Rs.10,000/- vide registration No. SRS289799538 and then reminder complaint telephonically on 08.11.2013 at 12.30 pm. Further on 11.11.2013, the Complainant made a written complaint to Branch Manager-ICICI Bank ltd. and requested for video clip. A complaint was also lodged with SHO, Badarpur, Delhi to this effect. The Complainant has claimed Rs.10,000/- towards the money illegally withdrawn; Rs.10,000/- for harassment and mental agony and Rs.31,000/- towards litigation for the sufferings and loss alongwith interest @18% from 06.11.2013 till its realization.
The Opposite Party Bank i.e. ICICI Bank hereafter referred as OP has contended that the Complainant is guilty of suggestio falsi’ and ‘suppression veri’ and concealed material facts from this Commission. The transaction from ICICI on 06.11.2013 was completed at 11.55 am and money was dispensed with by ATM Machine. The factum of withdrawn of money is proved by EJ statement and switch report which may also be seen as Annexure-‘A’ (Colly).
The allegations of the Complainant were denied and OPs have stated responsible for deficiency of service. It was stated by the OP vide its reply to the Complainant that transaction is successful and fully paid and further said that they have checked excess cash availability of said ATM on 06.11.2013. No excess cash was reported for the said transaction.
The OP has also filed written statement as also Evidence through affidavit and written submissions. The Complainant also filed rejoinder to the reply of OPs and Evidence through Affidavit as well as written submission.
It was noticed from the material available on record that the Complainant had requested for video clip for the said transaction. The OP has replied vide its letter dated 07.02.2014 on record stating that the camera is placed for security reasons and does not cover ATM slot dispensing the cash which is done to ensure that ATM pin entered by the customer is not captured in the camera.
It is further examined that the Complainant has annexed detailed statement of S/B account from 01.10.2013 to 23.12.2013, the two withdrawals at Sr. 5 and 6 have been shown where it is vividly shown at Sr.5-NFS/Cash WDL/06.11.13 of withdrawal of Rs.10,000/- and at Sr. No.6 ATM/Cash WDL/06.11.2013/1.55 for withdrawal of Rs.10,000/-. We have also examined the EJ statement and switch report at Annexure-‘A’(Colly) by OP in its evidence. The withdrawn of Rs.10,000/- is shown at 1.55 by using the said ATM issued by ICICI Bank from its ATM located at address mentioned above. The Switch Report also reflect only withdrawal of Rs.10,000/- from said ATM at 1.55:01:00. This Commission examined the EJ statement carefully in r/o ATM installed at above mentioned address. The said EJ statement starts from 11.29.04 to 12.25.44 for said date i.e. 06.11.2013. This EJ statement reflects the transactions done at said ATM during this period. There are both- successful and unsuccessful transactions made through various Cards. It was also further noticed that the Debit Card. No.4693-7500-7102-4149, issued to the Complainant by Opposite Party Bank, was used once during this period. As stated by the Complainant, he used the Debit Card once and the transaction was unsuccessful where as, the EJ Report shows the card being used once, culminating in successful transaction. Further, it was noticed that as per Bank statement two withdrawals of Rs.10,000/- each took place on 06.11.2013, the earlier transaction at Sr. No.5 is shown as cash or other Bank’s ATM under reference and latter one is shown as using ICICI ATM through the Debit Card issued to Complainant by ICICI Bank. The bank statement and EJ statement establish that transaction by the Debit Card at this ATM is successful and abortive transaction by the Complainant is not found in EJ statement.
The complainant also annexed the guidelines of RBI reflecting that if unauthorised transaction is reported within zero hour, responsibility shall be of bank concerned but same is not applicable here. He has adduced some judgments in respect of unauthorised transactions, which are of no help to the Complainant as the case is proved by the OPs by the documentary evidence.
Moreover, the Complainant has not reported the time in its complaint, when he swiped his Debit Card at the ATM of ICICI Bank, located at the address given above. The time was also not indicated in its complaint made to SHO or Manager ICICI bank. Whereas, it is noticed that the transaction mentioned at Sr. No.5 at bank statement is shown NFS/Cash WDL/06.11.13 of withdrawn of Rs.10,000/-. It shows that this transaction at ATM of Punjab National Bank was conducted earlier whereas the transaction at Sr. No.6 at bank statement is shown from ATM of ICICI Bank was of the latter time. As per complaint, Sh. Deepak Chauhan visited first at ATM of ICICI Bank statement as provided and contents of complaint are therefore contradictory and cannot be relied upon.
In nutshell, it is evaluated that the complaint is devoid of merit and accordingly, the complaint is rejected, with no costs to the party.
File be consigned to the record room after giving a copy of the order to the parties.
