Delhi

East Delhi

CC/224/2019

AMAR SINGH - Complainant(s)

Versus

SBI - Opp.Party(s)

21 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.224/2019

 

 

	Amar Singh S/o Sh. Atar Singh R/o Kheda Chaughanpur, Post Kleshra, Distt. Gutam Budh Nagar U.P. Also at: Lab Assistant Govt. Boys Sr. Sec. School, New Ashok Nagar, East District. Delhi – 110096.	….Complainant
Versus
	State Bank of India Through Branch Manager Branch Himmatpuri, Block-27, Near Trilokpuri Bus Stand, Branch Code 4838, Delhi – 110091.	…………..……OP

 

 

Date of Institution:18.07.2019

Judgment Reserved on: 21.08.2023

Judgment Passed on: 21.08.2023

 

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)

 

 

Order By: Sh.Ravi Kumar (Member)

 

JUDGMENT

The Complainant has alleged deficiency in service on the part of OP in not refunding the amount of Rs.1,30,000/- which was withdrawn unauthorizedly from his account by way of 4 ATM transactions and also by way of 2 Transfer entries on 12.10.2018.

1. The Complainant has stated that he is maintaining Account No.10101400411 with the OP since 2002. He is Lab Assistant in Government Boys Sr. Sec. School, New Ashok Nagar, East Delhi and his salary was credited in the said account. On 10.10.2018 he had withdrawn Rs.5000/- from the ATM of OP located at Himatpuri, Delhi and there was balance of Rs.1,12,472/-. On 11.10.2018 a sum of Rs.17,540/- was credited in his account and thus there was a balance of Rs.1,30,012/- on 11.10.2018.
2. On 22.10.2018 when he went to ATM of the Bank to withdraw some amount then he could not withdraw the same as there was no sufficient balance in his account. Surprised, he immediately went to the Branch and got his Pass-book updated. Upon updation of his Pass-book he found that on 12.10.2018 some unknown person had withdrawn Rs.20,000/- each, 4 times thus totaling Rs.80,000/- by way of ATM. Further on the same day i.e. 12.10.2018 a sum of Rs.40,000/- and Rs.10,000/- were also transferred from his account to the account of one Mr. Sonu. He met the Branch Manager of the Bank and submitted letter dated 22.10.2018 with request to recover the amount so unauthorizedly withdrawn from his account and pay to him. The said letter was acknowledged by the OP Bank however no amount was paid to him.
3. Complainant also lodged FIR No.420 in Police Station, Mayur Vihar, Phase-I on 22.10.2018 but no action was taken to arrest the accused.
4. On 06.03.2019 he submitted another letter to the OP Bank but still there was no response. Complainant thereafter  filed complaint before  this Commission seeking following reliefs:

1. To direct the OP to pay an amount of Rs.1,30,000/-with prevailing interest of saving account to the Complainant;
2. To direct the OP to pay an amount equivalent to Rs.10,000/- as cost of this proceedings and advocate fee;
3. To direct the OP to pay a sum of Rs.1,00,000/- as compensation for the loss, mental pain and inconvenience suffered by the Complainant;
4. Any other relief which this Forum may grant in favour of the Complainant in the interest of justice.

5. The Complainant on 28.08.2019 filed application for amendment of complaint which was allowed wherein he has added that he received message from OP Bank on 12.10.2018 but he could not go through the contents and ignored the message and got it deleted. Further on 22.10.2018 when he met the Branch Manager of OP Bank, he demanded CCTV footage of 12.10.2018 of the concerned ATM but the Branch Manager refused. The said amendment was allowed on 29.08.2019.
6. Notice was issued to the OP and they were served on 24.02.2022. However, no Reply was filed and OP was proceeded ex-parte on 01.11.2022.
7. The Complainant has filed his evidence by way of affidavit wherein following documents have been exhibited:

• Copy of Adhar Card – Exhibit CW-1/1;
• Copy of Passbook - Exhibit CW-1/2;
• Copy of letter dated 22.10.2018 -  Exhibit CW-1/3;
• FIR No.420/2018 dated 22.10.2018 vide DD No.23 dated 22.10.2018 – Exhibit CW-1/4;
• E-mail ID to DCP, East District dated 19.01.2019 –Exhibit CW-1/5;
• FIR dated 12.11.2018 – Exhibit CW-1/6.

8. This Commission has heard arguments of the Complainant and perused the record. No arguments were put forth by the OP.
9. The case of the Complainant is that he is having account No.10101400411 with the OP since 2002. On 10.10.2018 he had withdrawn Rs.5000/- from ATM of OP Bank and there was a balance of Rs.1,30,012/- on 11.10.2018. Thereafter on 12.10.2018 there was unauthorized ATM withdrawal 4 times of Rs.20,000/- each and another transfer of amount from his account of Rs.40,000/- and Rs.10,000/- on the same day to the account of one Mr. Sonu. There was remaining balance of Rs.2/- in the account of Complainant on 22.10.2018.
10. The Complainant has stated in his application amending the complaint that he had received some message from OP on 12.10.2018 but he could not go through the contents and ignored the message and got it deleted.
11. On 22.10.2018 when he went to withdraw some amount from his account through ATM then the same was not successful as there was no sufficient balance in his account. Immediately Complainant approached OP Bank and got his Pass-book updated (Exhibit-CW-1/2) which revealed ATM withdrawal of Rs.80,000/- by way of 4 withdrawals of Rs.20,000/- each and further Transfer Entry of Rs.40,000/- and Rs.10,000/- in his account on 12.10.2018 to the account of one Mr. Sonu. On the same day i.e.12.10.2018 he made complaint to OP by way of letter (Exhibit CW-1/3) about it which was received by them and sought refund of the amount so withdrawn from his account. No action was taken by the OP and Complainant wrote another letter which was received by the OP Bank on 06.03.2019 again requesting the OP to refund the amount to him.
12. The case revolves around the controversy as to how such a big amount of Rs.80,000/- got withdrawn by way of ATM in the account of the Complainant on single day i.e. 12.10.2018 and further Rs.40,000/- and Rs.10000/- was also transferred from his account to the account of one Mr. Sonu.
13. In case of receipt of complaint of unauthorized withdrawal in any customer’s account by way of ATM, the first and the foremost action the concerned Bank is required to take is to secure CCTV footage of that day of transaction and examine/analyse it to come to the conclusion whether it was authorized/unauthorised. In the present case the Complainant went to withdraw some amount from ATM on 22.10.2018 and when the same was declined he immediately went to the Branch and got his Pass-book updated and he found that there was unauthorized withdrawal in his account of Rs.80,000/- by way of four ATM transactions and further there were two transfer entries of Rs.40,000/- and Rs.10,000/-. He gave complaint in writing to the OP on the same day (Exhibit CW-1/3) however despite of such information OP did not keep CCTV footage of 22.10.2018 of ATM secured so as to certain who withdrew that amount from ATM.
14. As regards Transfer Entry of Rs.40,000/- and Rs.10,000/- on the same day i.e. 22.10.2018 are concerned, the same cannot be done without a signed Cheque or Debit Slip and for Debit Slip presence of account holder is required in the Bank’s Branch with the Original Pass-book of his account. The Complainant has disputed these two transfer entries thereby contending that he did not go to the OP Bank’s Branch on 12.10.2018 if it was done through Debit Slip. Once these Transfer Entries were disputed then the onus shifted on OP to establish how these transfer entries were done in the account of the Complainant which OP failed to discharge. OP had related Cheque/Debit Slip/Voucher of 12.10.2018 in its custody but did not bother to check/examine how the two transfer entries were done in the account of the Complainant.
15. As regard the issue that the Complainant received message from the OP Bank on 12.10.2018 but he did not go through the same and got it deleted. Here also Bank has not contested the same by producing the contents of these messages before this Commission for its examination.
16. OP had primary responsibility to explain the 4 ATM transactions by way of CCTV footage and 2 transfer entries done in the account of the Complainant on 22.10.2018 but it chose not to put the same before the Commission in their defense and despite of service of Notice on them on 24.02.2022 OP did not file Reply before this Commission. Hence there is no defense of the OP before this Commission and the complaint filed by the Complainant goes unrebutted and the Commission holds OP liable for deficiency in service.  
17. For the reasons stated supra this Commission orders as follows:

• OP to pay Rs.1,30,000/- to the Complainant with interest @6% p.a. from 12.10.2018 within 30 days of receipt of this Order.
• OP to pay Rs.5000/- towards mental agony to the Complainant and Rs.5000/- towards the cost of the litigation.

If the above amount is not paid within 30 days from the date of the order then OP shall pay interest @8% p.a. from 12.10.2018 on all the above amounts till the date of realization.

 

File be consigned to Record Room.

Announced on 21.08.2023