O R D E R
D.R. TAMTA, MEMBER
The complainant has filed the present complaint against the O.Ps u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the son of the complainant Sh. Mohd. Aslam has opened an account in ICICI Bank, Near Gurudwara, Chandini Chowk, Delhi bearing bank account No.629205500978 with ATM card facility. Complainant alleged that on 29.11.2013 at about 11:00 AM he went to the ATM of the bank branch but he did not get the money from the ATM as ATM machine was out of order. Further alleged that again he went to the ATM of ICICI bank branch, Gori Shankar Mandir and he tried to withdraw the money but again money was not disbursed. Then he went to the next ATM and Rs.25,000/- were disbursed, however Rs.25,000/- withdraw from the earlier branch where reversed. After that he again tried at 11:45 AM and 11:46 AM to withdraw of Rs.25,000 – 25,000/-, which were not disbursed but in the ATM slip the money was shown as withdrawn. He complained to the bank and bank officials stated that he should enquire after one week and the money will get reversed in the bank account of the account holder. He has also alleged that when he complained to the bank on 11.12.2013 the bank officials stated that they will get the CCTV footage and next week the CCTV footage was received. He has also alleged that he has filed a complaint in the Police Station- Kotawali on16.12.2013. On these facts complainant prays that O.Ps be directed to pay/return amount of Rs.50,000/- which was illegally withdrawn through ATM of O.P, apart from cost and compensation as claimed.
2. Notice sent to O.P was duly served, however, none appeared on behalf of the O.P, therefore, it was proceeded with ex-parte. Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint.
3. We have carefully gone through the record of the case and also heard submissions of complainant. As per his own complaint the complainant has stated that the son of the complainant was the account holder and the ATM card was also in the name of his son. The ATM card is issued to the account holder and the ATM card can be operated through a secret password issued by the bank to the account holder only. In the present case the complainant was neither the account holder nor the ATM card was issued to him, he was the un-authorized user of the ATM card of his son as per his own version. Un-authorized use of the ATM card is not permissible. The complainant not being the authorized user of the ATM card his complaint is not maintainable. Complainant is not entitled for any relief against O.P bank. Complaint is, therefore, dismissed.
Copy of the order be sent to the parties by Registered post and file be consigned to record room.
Announced this 30th day of June, 2014.
( BABU LAL) (D.R. TAMTA) (MRS. SHAHINA)
President Member Member
