Meghalaya

East Khasi Hills

CC/23/2011

Shri Alok Khattri - Complainant(s)

Versus

SBI Umroi Cantonment Branch - Opp.Party(s)

Self

10 Jun 2013

ORDER

 
Complaint Case No. CC/23/2011
 
1. Shri Alok Khattri
Shillong
 
BEFORE: 
 HON'ABLE MR. Sanjay Goyal PRESIDENT
 HON'BLE MRS. Dr C.Massar MEMBER
 HON'ABLE MR. D.R Thangkhiew MEMBER
 
For the Complainant:Self, Advocate
For the Opp. Party: Shri T.Yangi & others, Advocate
ORDER

The brief facts of the case are that Complainant is the account holder of OP SBI Umroi Cantonment having a DSP Account with Account No. 20033262607. On 19.07.2011 he had withdrawn Rs 20,000 by using ATM Card No. 6220180733400095358 and ATM ID No. S10B000630034 from the ATM Booth, Connaught Place, Dehradun. However due to some technical fault, neither the money came out from the ATM machine nor any receipt, but the amount has been shown as deducted from his account. Accordingly the Complainant submitted a complaint to the Branch. The Bank officials told him that the amount was withdrawn and transaction was successful on 19.07.2011. He then filed complaint to SBI Connaught Place in Dehradun but the Bank has not taken proper action. He further sent a complaint to Unhappy Cell North East by SMS complaint No NEC 11064 and there too he did not get any help to solve his problem. He therefore filed this complaint before this Forum for his relief. Notice was issued to Opposite Party who also filed their show cause. In their reply it mentioned that the OP Bank received a complaint only on 16.08.2011 and immediately took action on the same by submitting a complaint with the centralized Complaints Management System CMS on the same day. On receipt of the complaint through centralized CMS, the SBI, Dehradun Branch scrutinized the transaction by verifying cash and downloading Electronic Journal Log and confirmed that as per the E.J. Log the transaction was successful and the said amount of Rs 20,000 had been withdrawn, hence the complaint was closed. The Complainant then lodged a complaint with the Banking Ombudsman who also after verifying all the transaction details including the E.J log etc., closed the case. The OP therefore submitted that there is no deficiency in service by the OP since enquiries were made promptly on receipt of the complaint on 16.08.2011 and found that the transaction made by the Complainant on 19.07.2011 was successful and he was informed of the same. Hence Complainant is not entitled to any relief. This Forum heard the submissions by both parties on 04.05.2012. It was observed that the documents produced were not authenticated by the concerned Bank Officials and also the daily transaction record of the concern ATM was not produced before this Forum. Complainant submits that he filed the first complaint within one week but has not submitted a copy of it to this Forum. Also he maintained that his plea of producing the video footage of the transaction was also not entertained by the Ombudsman. The OP was directed to produce the authenticated copies of all documents along with the video footage of the transaction. On 22.06.2012 this Forum again heard the submissions of both parties. The OP submitted that they do not have the video footage of the transaction. It was also observed that the cash tally report is of 20.07.2011 whereas the transaction took place on 19.07.2011. To clarify on this issue, OP submitted that the Cash Tally Report is of 20.07.2011 as the cash was replenished on 20.07.2011 of the said ATM machine and Cash Tally Reports are obtained when the cash in ATM machines are exhausted and then replenished. OP further submitted that CCTV footage is also not available because the footages are automatically erased by the ATM machine after a gap of 30 days. On the basis of the documents on record and evidences adduced by the parties, this Forum makes the following observations 1. The OP responded to the complaint of the Complainant on the same day on which it was received i.e. on 16/08/2011 so there is no delay in respect of response from the OP. 2. The Electronic Journal Log and the Cash Tally Report and ATM Log from Switch Centre Mumbai of the concerned ATM indicate that the transaction was successful. 3. The OP has not produced the CCTV footage of the ATM for that particular moment but that could not have conclusively proved anything as the cash transaction would not have been covered on camera. On the basis of the above observations we are inclined to accept the reports submitted by the OP in support of their claim that the transaction was in fact successful and there is no deficiency on the part of the OP. The case is therefore disposed off without any relief to the Complainant. The Parties to bear their own cost.

 
 
[HON'ABLE MR. Sanjay Goyal]
PRESIDENT
 
[HON'BLE MRS. Dr C.Massar]
MEMBER
 
[HON'ABLE MR. D.R Thangkhiew]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.