Haryana

Ambala

CC/411/2017

Vikram Dutt - Complainant(s)

Versus

SBI - Opp.Party(s)

03 Oct 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                      Complaint case no.        : 411 of 2017

                                                          Date of Institution         : 20.11.2017

                                                          Date of decision    :  03.10.2018

 

 

 Vikram Dutt s/o Sh. Nanak Chand, r/o Gurudev Mohalla, Railway Station Barara, District Ambala.

    ……. Complainant.

 

 

Manager State Bank of India, Court Road, Ambala City.

 

 ….…. Opposite Party.

 

Before:        Sh. D.N.Arora, President.

                   Sh. Pushpender Kumar, Member

Dr. Sushma Garg, Member

 

                            

Present:        Sh. Sandeep Mishra, counsel for complainant.

 Sh. Udai, Singh Chauhan,  counsel for OP.

 

 

ORDER:

D.N.ARORA, President.

 

 

                   In nutshell, brief facts of the present complaint is that the complainant has opened an account no.10487942307 with the accused bank branch at Ambala City. The complainant was operating the said account as per his choice and at the time of opening the account complainant was assured that no forgery will be committed by the bank at any stage. The account of the accused was attached with the short service message by the bank with phone no.9416071169.  The complainant also availed the facility of ATM with accused bank. On 21.10.2017, the complainant was need of cash amount so complainant tried to avail the facility of ATM at Dosarka(Sirasgarh) District Ambala and again at Saranwa, when no amount was withdrawn from the ATM then complainant enquired from Saranwa ATM, District Yamuna Nagar and came to know that there is no sufficient balance in ATM in his bank account. The complainant was shocked to know that amount of Rs. 1,22,782/- was withdrawn  from his bank account without his knowledge at different times. As per statement of accent issued by the bank on 21.10.2017 amounting Rs. 1,000/- and later on 21.10.2017, 21.10.2017, 21.10.2017 and 21.10.2017 respectively shown in the para No. 5 of the present complaint when the someone tried to withdraw the amount but due to insufficient balance it was not withdrawn and each time 23.60/- respectively was deducted from the complainant account and balance was remain only 7.41/-. Total amount of Rs. 1,22,784/- was deducted/withdrawn from the account of the complainant. The complainant never withdrawn the said amount from the account nor accused bank informed complainant through any message regarding any withdrawal made at any time despite the facility of short service message with above said phone number. The complainant issued a notice dated 23.10.2017 to the OP despite notice no action was taken by the OP. Hence, the present complaint.

2.               Upon notice, OP No.1 appeared through counsel and filed written statement submitting that  all the transaction took place during 12.10.2017 to 20.10.2017 with the consent of the complainant  only after using PIN which is/was exclusively in the knowledge of the complainant as all the transaction were done with valid ATM PIN.  It would be relevant to mention here that without PIN of the ATM card no transaction could take place and even every transaction during above said period was well in the knowledge of the complainant and the same was duly informed to the complainant through sms after every successful transaction. They frther stated that every sms was duly  delivered  to the complainant after every successful transaction as the sms are generated through system without manual intervention and it involves the role of concern service provider and OP cannot   be held to be liable for it. So, there is no deficiency on the part of OP and prayed for dismissal of the present complaint.

3                 To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 and C-4 and close his evidence. On the other hand, Counsel for the OP tendered affidavit as Annexure R/A alongwith documents as Annexure R-1 to R-2 and close his evidence.

4.                We have heard both the counsel of the parties and carefully gone through the case file. Main grudge of the complainant is that amount Rs. 1,22,782/- has been withdrawn from his bank account without his knowledge on different occasion from 05.10.2017 to 21.10.2017. He alleged that the above said amount has been withdrawn from ATM at Noida (U.P.). The complainant has further alleged that he never used the ATM card for withdrawal of the abovesaid amount nor the bank has ever informed through any message regarding any withdrawal made at any time.

On the other hand, counsel for the OP has argued that all transactions took place during the period 12.10.2017 to 20.10.2017 with the consent of the complainant only after using the PIN Number which was exclusively in the knowledge of the complainant as all transactions were done with valid ATM PIN, without disclosing the PIN No. to anybody transaction could not be done. All transactions were in the knowledge of the complainant and same was duly informed to the complainant through sms after every successful transactions. OP has placed on record message delivery record Annexure R-1 as well as statement account Annexure R-2.

5.                We have perused the message delivery report from the period 10.3.2017 to 20.10.2017, all transactions shown successful by using the ATM. Particular period 10.12.2017 to 20.10.2017 the messages are shown in the above said period for the all transactions. But complainant has failed to rebut the above said documents except notice has been issued to the OP.

6.                From the above said documents i.e. Messages delivery report and statement account, and we observed that without disclosing the PIN Number nobody can withdraw the abovesaid amount on the different occasion. Meaning thereby the complainant might have disclosed the PIN Number to some other person. Hence, we do not found any negligency on the part of the OP. The complainant has failed to prove his case without leading any  cogent evidence and thus the complaint is devoid of any merits.  Accordingly, the complaint is hereby dismissed with no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :03.10.2018

 

 

 

 

      (Pushpender Kumar)        (Dr. Sushma Garg)       (D.N. ARORA)

          Member                            Member                 President