Smt. Shampa Ghosh, Hon’ble Member:-
The complainant Smt. Smritikana Halder of Village – Purandarpur, P.S. – Purandarpur, P.S.-Baruipur, District – South 24 Parganas has filed this complaint case against Punjab National Bank (Baruipur Rail Gate Branch).
The complainant stated in her complaint that Rs.10,000/- has been debited wrongly from her saving Account of Punjab National Bank Account, erstwhile United Bank of India (Baruipur Railgate Branch), on 24.02.2021 (A/C. No.-0402010186148) while transacting at the ATM of Bandhan Bank, Baruipur. Debit Card was inserted by the husband of the complainant of Bandhan Bank ATM on 24.02.2021. But no money was dispensed. On 25.02.2021, complainant reported the incident to the Punjab National Bank Authority. Bank said to wait for seven days, within 7 days the amount will be reversed automatically in the complainant’s Savings Account. If not done so then she was asked to submit a written complaint. Money was not returned within 7 days. Complainant filed written complainants on 04.03.2021 and 24.06.2021. She filed on-line complainant also on 04.03.2021. The Bank Authority closed the complaint, stating that the amount was withdrawn. The complainant applied for CCTV footage, but the Bank Authority did not provide any CCTV Footage. Complainant confident that the money was not withdrawn by her (husband of the complainant on behalf of her at the time of ATM transaction).
Complainant also applied to Banking OMBUDSMAN(RBI), requesting the authority to solve the problem by arranging CCTV footage of ATM transaction at Bandhan Bank. OMBUDSMAN (RBI), sent closer intimation to the complainant. Complainant then applied to the Consumer Affairs and Fair Business Practice, Baruipur, South 24 Parganas for mediation. But the Punjab National Bank stating that the payment was successful on that day. As the case was not solved, finding no other alternative the complainant filed the instant complaint case against the Op Bank for getting proper relief.
OP contested the case by filing written version contending inter allia that the complainant has no cause of action for filing the complaint petition. OP stated that it was not true that Rs.10,000/- has been debited wrongly from the complainant’s savings account while transacting at the ATM of Bandhan Bank, Baruipur (A/C debited but cash was not dispensed as alleged). OP Bank stated that after receiving the application of the complainant, Bank Authority took action for the said matter. Bank Authority forwarded the complaint to the OMBUDSMAN Scheme (RBI) 2021, but the said concern rejected the application as the ATM transaction operated successfully. OP Bank prayed that there is no deficiencies by the side of the OP Bank. It is prayed that the case is to be dismissed.
Points for consideration :-
- Is the complainant a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decisions with reasons :-
Points No.1, 2 & 3 :-
All the points are taken up together for a comprehensive discussion.
On perusal of the case records along with the copies of documents available on record, it appears that the complainant is a customer holder A/C No.04-02010186148 in the Punjab National Bank. Complainant also possess a Debit / ATM Card issued by the Punjab National Bank. The C. P. Act, 2019 defines the term consumer in context of services, as any person who has any service for con Punjab National Bank, Baruipur Branch debited Rs.10,000/- only from the complainant’s Saving Account. The amount was deposited in the bank by the complainant. Hence it is clear that the complainant is a consumer U/S 2(7) of Consumer Protection Act, 2019.
The complainant is an A/C holder of Punjab National Bank, Baruipur Rail Gate Branch. On 24.02.2021 Debit Card was inserted by the husband of the complainant at Bandhan Bank’s ATM. But no money was dispensed. It was alleged that Rs.10,000/- was debited from the Saving A/C of the complainant. The complainant reported the incident to the Punjab National Bank Authority. After receiving the application of the complainant, bank authority took action for the said matter. Bank authority forwarded the complaint to the OMBUDSMAN Scheme (RBI), 2021 and the said concern rejected the application as the ATM transaction was made successfully. The complainant’s bank passbook also shows ATM withdrawal.
The complainant has not filed any documents showing the proof that her husband did not receive the money when he used the ATM Card. It is also not clear that whether the complainant has her phone linked with her bank account, so that the any transaction by the ATM would come on her phone through SMS. Basically, the complainant had not filed any proofs showing that when she used her ATM Card money was not transacted. Even the transaction was not successful; it is shown on the screen on the ATM. The complainant’s Bank Passbook showed that transaction was successful.
Complainant also stated about the CCTV footage of Bandhan Bank. According to the complainant’s statement her husband inserted the ATM Card. As per RBI guideline, the card holder should not disclose ATM Pin to anybody including to Bank Officials. ATM Card is non-transferable. No other person apart from the A/C holder should use it. Op Bank showing the stated ATM transaction was successful, we find no fault or deficiency in service on the part of the bank authority.
In the result, the complainant case fails.
Hence, it is,
ORDERED
That the instant complaint case be and the same is dismissed on contest.
There is no order as to cost.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:www.confonet.nic.in.
Dictated and corrected by me.
Shampa Ghosh
Member
