THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 522-14
Date of Institution : 26.09.2014
Date of Decision : 06.04.2015
Smt. Harbans Kaur age 70 yrs, W/olate S. Tarsem Singh r/o H.No. 218, Gali No.9, Indira Colony, Kot Khalsa,Amritsar also at H.No. 79, New Avtar Avenue, Kot Khalsa, Amritsar
...Complainant
Vs.
Punjab National Bank, Kot Khalsa branch, Amritsar through its branch manager
....Opp.party
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : None
For the opposite party : Sh.Sumesh Kumar,Adv
Quorum : Sh. Bhupinder Singh, President
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Smt. Harbans Kaur under the provisions of the Consumer Protection Act alleging therein that her husband was serving in the Army as Hawaldar and he retired in the year 1987 and had been getting pension. According to the complainant her husband died in the year 2000 and after his death, the family pension is being received by the complainant through opposite party bank vide account No. 3397000300068245. The complainant was also issued ATM card regarding the said account. In the month of July 2014 when the complainant visited the opposite party bank and got the entires made in her pass book, she was astonished to see that there were about 16 withdrawal entires of 22.6.2014 and 23.6.2014 and an amount of Rs. 47000/- has been withdrawn by somebody else through online transaction. When the complainant asked about such entries from the opposite party, they did not give any proper reply. Then the complainant approached the manager of the opposite party bank, but he also did not pay any heed to her requests. Complainant also lodged FIR in this regard against unknown persons in P.S. Chheharta. Complainant visited the opposite party bank many times and requested them to credit the said amount in her account, but to no avail. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite party to credit amount of Rs. 47000/- in her account alongwith interest. Compensation of Rs. 10000/- alongwith litigation expenses were also demanded.
2. On notice, opposite party appeared and filed written version in which it was submitted that complainant is receiving family pension through her saving account No. 3397000300068245 maintained with the opposite party and the ATM card is also issued to the complainant. It was submitted that on 22.6.2014 and 23.6.2014 complainant either herself has made payments while making use of her ATM card during online transactions or has allowed somebody to make payment by use of her ATM card while making online transactions. Since it is the complainant alone who is having the knowledge of ATM card number and its PIN number, on 22.6.2014 and 23.6.2014 complainant either herself made the payments by making use of ATM card in course of online transactions or has allowed someone by disclosing ATM card number and its PIN number to make payments by making use of ATM card in course of online transactions and all the debit entries of the said date in the account of the complainant are result of the same. The ATM card and the PIN number of the ATM card in sealed condition is issued by Debit Card Cell, 4th Floor, 5 Sansad Marg, New Delhi of the Punjab National Bank to the branches of the bank and the same is further issued to the account holders of the Punjab National Bank by the branches of the bank. The PIN number of the ATM card is issued by the Punjab National Bank in sealed condition to the ATM card holder to be opened by the person to whom it has been issued secretly and the said PIN number is to be kept confidential by the person. The branch of the Punjab National Bank has no knowledge of the PIN number of any ATM card as the same is issued in sealed condition to the account holder alongwith the ATM card. One cannot use ATM card without PIN number. All the 16 debit entires made on 22.6.2014 and 23.6.2014 in the account of the complainant pertain to the making of payment by the use of ATM card in course of on-line transactions and there is no fault of the opposite party in any manner . While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence her affidavit Ex.C-1, copy of account statement Ex.C-2, copy of letter Ex.C-3, copy of complaint receipt Ex.C-4..
4. Opposite party tendered into evidence affidavit of Sh. Bhagwan Singh, Sr. Manager Punjab National Bank Ex.OP1, copy of account statement Ex.OP2.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the opposite party and have appreciated the evidence produced on record by both the parties with the valuable assistance of the complainant and ld.counsel for the opposite party.
6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that Tarsem Singh husband of the complainant Harbans kaur was serving in Army as Hawaldar. He retired from Army in the year 1987 and was getting pension .Said Tarsem Singh expired in the year 2000 and after his death the family pension is being received by the complainant in her account with the opposite party bank bearing account No. 3397000300068245. Complainant Harbans Kaur was also issued ATM Card by the opposite party bank and she used to withdraw the amount from the aforesaid account number. The complainant alleges that in July 2014 the complainant got the entries made in her pass book from the opposite party bank.Then she found that there were about 16 entries of 22.6.2014 and 23.6.2014, as a result of which an amount of Rs. 47000/- has been withdrawn by somebody else through online transaction. When the complainant enquired from the officials of the opposite party bank about these transactions and withdrawal of money from her account, they could not submit any satisfactory reply rather expressed their ignorance. Thereafter she approached the manager of the opposite party bank with the request that she never withdrew such a huge amount of Rs. 47000/- within two days through 16 transactions but even the manager did not pay any heed to the request of the complainant. The complainant alleges that the said amount was withdrawn by somebody with the connivance of the bank officials. The complainant also lodged FIR in this regard on 18.7.2014 against unknown person at P.S. Chheharta . But even the police did not care for the loss caused to the complainant by some unknown persons.The complainant submitted that all this amounts to deficiency of service on the part of the opposite party.
7. Whereas the case of the opposite party bank is that the complainant hasbeen receiving family pension through her saving bank account No.3397000300068245 maintained with the opposite party and the ATM card is also issued to the complainant regarding the said account. However, the opposite party denied that the complainant has made complaint to the police authorities or that any FIR has been registered by the police on the basis of said complaint. The opposite party submitted that for the purpose of making payment through ATM card while giving online transactions one needs to mention ATM card number and PIN number of the ATM card. The opposite party bank or any of its officials has no knowledge of the PIN number of the ATM card of the complainant. On 22.6.2014 and 23.6.2014 the complainant either herself has made payments while making use of her ATM card during online transactions or has allowed somebody to make payment by use of her ATM card while making online transactions. Since it is the complainant alone, who his having the knowledge of ATM card number and its PIN number, on 22.6.2014 and 23.6.2014 the complainant either herself made the payments by making use of ATM card or has allowed someone by disclosing ATM card number and its PIN code number to make the payments by making use of ATM card in course of online transactions and all the debit entires of the said dates in the account of the complainant are result of the same. The PIN number of the ATM card is issued by the Punjab National Bank authorities in sealed condition to the ATM card holder to be opened by the person to whom it has been issued secretly and the said PIN number is to be kept confidential by the person. So the officials of the opposite party have no knowledge of the PIN number of any ATM card of any customer . One cannot use ATM card without PIN number.All the 16 debit entries made on 22.6.2014 and 23.6.2014 in the said account of the complainant pertained to the making of payments by the use of ATM card in course of online transaction. Opposite party,therefore, submitted that all these transactions are genuine and have been made with the consent of the complainant by herself or through her agent, as such the opposite party has no role to play in the aforesaid transactions except to make the entries in the account of the complainant. Ld. Counsel for the opposite party submitted that there is no deficiency of service on the part of the opposite party qua the complainant.
8. From the entire above discussion,we have come to the conclusion that complainant has saving bank account bearing No.3397000300068245 with the opposite party bank.The complainant has also availed the ATM card facility against this account. The complainant alleges that during the period i.e 22.6.2014 and 23.6.2014 somebody has withdrawn Rs. 47000/- from her account vide 16 withdrawals entries as detailed in the statement of account of the complainant Ex.OP2. The complainant submitted that she had not withdrawn this amount. It is the admitted case of the complainant that she was issued ATM card as well as secret PIN code numher and without both these i.e. ATM card as well as PIN code number neither online transaction can be made nor any amount can be withdrawn from the account of the complainant. The complainant has never lodged any complaint with the police that her ATM card and PIN code number has been stolen. So it has to be presumed that either the complainant herself has withdrawn Rs. 47000/- vide 16 online transaction withdrawal entries on 22.6.2014 and 23.6.2014 as per statement of account Ex.C-2/OP2 of the complainant or somebody else on behalf of the complainant has made transactions online to whom the complainant has given ATM card and has disclosed her secret PIN code number. Even the ATM code number is not known to any official of the opposite party bank.As such without the consent of the complainant these transactions cannot be made as mentioned in the statement of account Ex.C-2/Ex.OP2. It has been held by the Hon'ble National Commission in case State Bank of India Vs. K.K. Bhalla 2011(2) CPJ 106 (NC) that money cannot be withdrawn fraudulently without using ATM card and PIN number, it is not possible for money to be withdrawn by any unauthorized person from an ATM unless ATM card and PIN code are used which are only known to the complainant/customer. The Hon'ble National Commission further held that in view of the elaborate procedure evolved by the bank to ensure that without the ATM card and knowledge of PIN number, it is not possible for money to be withdrawn by an unauthorized person from the ATM. So the respondent's (complainant's) contention is not acceptable. Similar are the facts of the present case.
9. Consequently we hold that present complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
10. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
06.04.2015 ( Bhupinder Singh )
President
(Anoop Sharma)
/R/ Member
