Haryana

StateCommission

A/459/2015

STATE BANK OF PATIALA - Complainant(s)

Versus

RAJINDER KUMAR - Opp.Party(s)

ABHINEET TANEJA

16 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      459 of 2015

Date of Institution:      21.05.2015

Date of Decision :       16.10.2015

 

1.     The Managing Director, State Bank of Patiala, Head Office, The Mall, Patiala.

 

2.     The Manager, State Bank of Patiala, SCO No.414, Sector-8, Panchkula.

 

3.     The Zonal Manager, State Bank of Patiala, Sector-5, Panchkula.

                                      Appellants-Opposite Parties

Versus

 

Rajinder Kumar s/o Sh. Gian Chand, Resident of House No.392, Pipliwala Town, Manimajra, Chandigarh.

                                      Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri Abhineet Taneja, Advocate for appellants.

                             Respondent in person.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

The Managing Director, State Bank of Patiala and others-Opposite Parties, are in appeal against the order dated April 6^th, 2015, passed by District Consumer Disputes Redressal Forum Panchkula (for short ‘the District Forum’).      

2.      Rajinder Kumar-complainant-respondent, maintained Saving Account No.55116506216 with State Bank of Patiala-Opposite Parties (hereinafter referred to as ‘the Bank’). He also availed the facility of Automated Teller Machine (for short ‘ATM’).

3.      The case of the complainant before the District Forum was that on June 26^th, 2014 at 7.47 A.M. he wanted to withdraw amount through ATM but the same was found non-operational. He complained to the bank authorities. On inquiry it was found that an amount of Rs.17,968/- had already been dispensed with from his account by way of eleven online POS transactions on June 26^th, 2014. Alleging it deficiency in service on the part of the opposite parties, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

4.      The opposite parties contested complaint by filing reply. It was stated that the complainant had had disclosed his card details, PIN number to some unknown person due to which the amount was withdrawn from the account of the complainant. Denying the averments made in the complaint, they prayed for dismissal of the complaint.

5.      Learned counsel for the appellants has urged that the complainant had made statement before the Inquiry Officer during enquiry being conducted stating that on an anonymous call, he had disclosed the ATM-cum-Debit Card number including PIN number etcetera. In support, reference was made to Annexure A-11.

6.      In the user guide the method of use of ATM-cum-Debit card has been mentioned. It has not been denied even by the complainant that without use of ATM card number and PIN number, online transaction cannot be made. By disclosing the card number and PIN number to unknown person, the complainant himself facilitated the fraudster to make online purchases by use his ATM-cum-Debit card. Every day, publicity is being given by the bank that bank does not ask its customers about the ATM-cum-Debit card number and secret code but still it is the complainant who disclosed the same. So he cannot blame the bank and as such the impugned order cannot sustain.

7.      In view of the above, the appeal is accepted, the impugned order is set aside and the complaint is dismissed.

8.      The statutory amount of Rs.11,484/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 16.10.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL