DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 580/2022

QUORUM:

Order By: Shri S.S. Malhotra (President)

JUDGMENT

By this judgment the Commission would dispose off the present complaint filed by the Complainant against OP w.r.t. deficiency in protecting the money of the complainant on account of not disbursing the amount through the ATM of OP. 

1. Brief facts as stated by the complainant in the complaint are that he visited the ATM of OP at D-Block, Vivek Vihar, Delhi on 22.09.2021 to withdraw Rs.5,000/- but after the process was completed although the message was received that his amount has been debited yet no amount came out from the ATM Cash window. He thereafter informed the Bank Manager who was in the same premises, who in turn informed him that the amount would be returned back in his account in next 24 Hrs. and since the complainant was in need of the amount he tried again to withdraw Rs.5,000/- and this time the transaction was successful but despite waiting for 24 Hrs. his previous amount of Rs.5,000/- was not credited in the account by the OP for which he lodged the complaint. However, the Branch Manager sent an update to the higher authorities with copy to the complainant on 05.10.2021 stating interalia that as per trail mail complaint has been closed with the remarks ‘action found successful and claim rejected’ but since the complainant was not satisfied with this resolution and on the request of the complainant, where he requested to OP to recheck the complaint, the OP than intends that the bank has now raised complaint to pre-arbitration (second level on 01.10.2021 and conveyed the same to the customer.  It is further stated that despite waiting upto this time the amount of Rs.5,000/- has not been credited in the account of the complainant and therefore he has filed the present complaint case against OP seeking direction to the OP to pay Rs.5,000/- which was not disbursed from the ATM along with compensation of Rs.2,00,000/- and litigation charges of Rs.21,000/-.
2. The OPs were served but no reply has been filed and ultimately OP was proceeded ex-parte vide order dated 13.12.2023.   
3. Complainant has filed evidence thereby reiterating same facts.
4. The Commission has heard the arguments and perused the record.
5. Complainant along with other documents has filed explaining as to what exactly is the failed transaction, which reads as follows: “A ‘failed transaction’ is a transaction which has not been fully completed due to any reason not attributable to the customer such as failure in communication links, non-availability of cash in an ATM, time-out of sessions, etc. Failed transaction shall also include the credits which could not be effected to the beneficiary account on account of lack of full information or lack of proper information and delay in initiating a reversal transaction” thereby informing the Commission that since the complainant has already informed the bank within 24 hrs w.r.t. claim and is not liable to be adversely effected and his complete amount is liable to be returned to him.  Apart from the mail as received by the complainant from the Bank there is no document with this Commission which may assist this Commission to understand the contention of OP who has remained absent despite having been served. Admittedly the amount of Rs.5,000/- w.r.t. the first transaction did not come out and have been shown as debited as per the Passbook. Complaint was made same day. The manager has assured the reversal of the amount within 24 hrs which could not happen and present complaint is filed by complainant are the fact which have found no rebuttal from OP. The circular of the RBI No. RBI/2017-18/15 DBR.No.Leg.BC.78/09.07.005/2017-18 dated July 6, 2017 is in public domain for failed transaction which is as follows:

Limited Liability of a customer

1. Zero Liability of a Customer 

6          A customer’s entitlement to zero liability shall arise where the unauthorized transaction occurs in the following events:

(i) Contributory fraud/ negligence/ deficiency on the part of the bank (irrespective of whether or not the transaction is reported by the customer).

(ii) Third party breach where the deficiency lies neither with the bank nor with the customer but lies elsewhere in the system, and the customer notifies the bank within three working days of receiving the communication from the bank regarding the unauthorized transaction.      

And in Para 12 of the said circular it is also mentioned:

Burden of Proof

The burden of proving customer liability in case of unauthorized electronic banking transaction shall lie on the bank. 

6. The Commission is of the opinion that if the transaction has failed at 09:55 AM and the Bank Manager was informed simultaneously and once the report has been received that the complaint is closed on account of the transaction was successful then it was the bounden duty on the part of OP bank to have preserved the CCTV footage which could have been shown to the complainant then and there so that matter could have been resolved immediately and this would have proved that complainant has received the amount or if some other person has received the amount within the gap of 5-6 minutes i.e. when second transaction has been done by complainant which was successful. This precaution has not been taken by the bank at all rather what is informed that the other bank has rejected the claim and they have gone for pre-arbitration stage. This fact is sufficient to prove that the first transaction qua complainant was not successful and OP has not filed any reply or evidence to prove that the transaction was successful qua complainant. Therefore, complainant has been able to prove that there was deficiency on the part of OP. Therefore, the Commission hereby orders as follows:

• OP is directed to refund an amount of Rs.5000/- to the complainant with interest @ 9% p.a. from the date of filing the complaint till realization.
• OP would also pay a compensation of Rs.7000/- to the complainant including the litigation charges.   

This order be complied with within 30 days from the date of receipt of the order and if not complied with then OP would pay an interest @ 12% p.a. on all above amounts to the complainant from the date of filing the complaint till realization.

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 11.03.2024.