BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Rajnikant Upadhyay S/o Sh. O.P. Upadhyay, resident of House No. 147, Hill View Enclave, Village Dhakoli, Zirakpur, District Mohali (PB)

…..Complainant.

                   V E R S U S

1]   ICICI Bank Ltd. though its Managing Director, Registered Office at Land Mark, Race Course Circle, Vadodara (390 007).

2]   ICICI Bank Ltd., through its Branch Manager, SCO 36, Pocket No.1, NAC, Manimajra, Chandigarh (160 101)

                        ……Opposite Parties

CORAM:   SH.P.D.GOEL                 PRESIDENT

         SH.RAJINDER SINGH GILL             MEMBER

         DR.(MRS) MADANJIT KAUR SAHOTA  MEMBER

Argued by:Sh.Ashok Asuri, Counsel for complainant.

          Sh.Sandeep Suri, counsel for OPs.

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PER SH.P.D.GOEL, PRESIDENT

              The complainant has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. Briefly stated the complainant is having saving a/c No.036201506458 with OPs at Manimajra Branch, Chandigarh He is also using Debit Card of OPs-bank.  The complainant averred that on 7.11.2009 at about 10:25 A.M., he checked his balance account through ATM of OPs at Manimjara Branch and found Rs.40,027 as net balance. The complainant alleged that at about 10:35 a.m., he took a token inside branch of the Bank for withdrawal of Rs.40,000/- through cheque, but while, he was waiting for his turn he received a SMS from OPs regarding withdrawal of Rs.20,000/- from ATM at about 10:54 a.m.. The Complainant immediately enquired from the official of the OPs, and to his utter surprise Rs.20,000/- was debited from his account through ATM transaction. On the advice of the executive of the OPs, the complainant lodged complainant having No.SR124251587 to the customer care. The OPs assured the complainant that it happened due to some network programming and the amount will be credited in his account. But when, the complainant checked the account after two hour, the amount was not credited.  After several requests the OPs informed the complainant that the amount has been debited due to misuse of ATM on 7.11.2009 at ICICI Bank Ltd. SCO 121, Urban Estate, Phase II, Patiala, Punjab. Thereafter despite many requests for credit of the wrongly debited amount and to provide video footage of ATM of Patiala, the OPs slept over the matter and failed to redress his grievance. Ultimately a legal notice was got served upon the OPs  but to no effect, hence this complaint.

2.        In their reply, it has been pleaded by the OPs that it is a case of misuse of ATM Card, so there is no deficiency in service. The OPs contended that the said withdrawal through ATM took place after putting in pin number, which was unique in the knowledge of the complainant and also the ATM card was in his physical possession. The OPs further contended that vide e-mail dated 7.1.2010, the complainant was specifically told that, in case, he was not satisfied, he should approach the police for seeking necessary assistance but he chose to remain silent. It was stated that the ATM from which, the withdrawal was made, was situated at Manimajra, Chandigarh and not at Patiala, which was used by the complainant. However, in the bank record inadvertently, the location of the ATM bearing No.S1CN1052 was shown at Patiala, in place of Manimajra. It is further replied that if the complainant had not used the ATM Card or the amount had been wrongly debited, he would have immediately made request to the OPs for blocking of the said card but he did not do so. Denying all the material allegations of the complainant, the OPs pleaded that there has been no deficiency in service on their part and prayed for dismissal of the complaint. 

3.        The Parties led evidence in support their contentions.

4.        We have heard the Learned Counsel for the parties and have also perused the record. 

5.        Admittedly, the complainant is having his saving bank a/c No.036201506458 with OPs at Manimajra Branch, Chandigarh. The complainant is also using Debit Card of OPs-bank.  It is the grouse of the complainant that he received SMS from the Bank regarding withdrawal of Rs.20000/- from ATM. On enquiry, it came to light that the OPs had debited the amount of Rs.20000/- from his account through ATM transaction. The complainant lodged a complaint with the Customer Care. OPs assured the complainant that the amount of Rs.20000/- would be credited in his account. When, the complainant  checked the account, no amount was credited in his account. It is the allegation of the complainant that amount of Rs.20000/- has been debited from his account due to misuse of the ATM on 07.11.2009 at ICICI Bank ltd. Phase-II, Patiala (Pb.) but on the said date, he was present in Manimajra, so he could not withdraw the amount at Patiala. The OPs have raised the defence that the withdrawal of Rs.20000/- through ATM took place after putting in pin number which was uniquely in the knowledge of the complainant. The ATM card was also in the physical possession of the complainant.

6.        Now the only point for consideration is that whether there is an un-authorized transaction of Rs.20000/-. The answer to this is in negative. The complainant has produced on record the copy of the ATM receipt (AnnexureC-1) qua which the amount of Rs.20000/- has been withdrawn on 07.11.2009. Annexure C-2 is the copy of the statement of account dated 21.07.2010, wherein, on 7th November, the withdrawal of Rs.20000/- has been reflected. It is not the case of the complainant that his ATM Card has been lost or the same had been handed over to any person. The PIN No. is only in his knowledge and none else.

7.        Thus, it is not in dispute that the complainant has kept the card in his safe custody and no one had access to it nor it was ever misplaced. Further only, the complainant was aware of the PIN number which is essential to operate the ATM Card. Therefore, it is not possible to make unauthorized withdrawal of Rs.20000/- from the ATM machine. Reliance has been placed on State Bank of India Vs. K.K.Bhalla, decided in Revision Petition No.3182 of 2008 on 7.4.2011 by the Hon’ble National Commission.

8.        Confronted with this type of situation, we are of the considered opinion that there is no un-authorized withdrawal of the amount of Rs.20000/- nor there is any deficiency in service on the part of OPs-Bank.

9.        As a result of the above discussion, this complaint is hereby dismissed with no order as to costs.

10.       The certified copies of this order be sent to the parties free of charge. The file be consigned.