MS. NIPUR CHANDNA, MEMBER

1. In brief facts of the present case are that the complainant is working as a Chief Sanitary Inspector with APMC Azadpur Mandi, Delhi-110033. It is stated that the complainant is holding a saving bank account bearing no.10208390670 in State Bank of India, branch at Azadpur Mandi, Delhi. It is further stated that on 22.10.2014 the complainant wanted to withdraw a sum of Rs.10,000/- from the ATM, but the ATM machine of State Bank of India, Azadpur Mandi was not working, therefore, the complainant went to the neighbouring ATM of Bank of Baroda for the said purpose.
2. It is stated that the complainant used the ATM card to withdraw the said amount of Rs.10,000/- from there, but neither the amount nor the statement slip came out for a long time. After waiting for about 15 minutes, the complainant made a complaint by telephone bearing complaint no. AT 429214387452 at branch BV-SBIPSG about the abovesaid fact and the complainant was assured that necessary action on his complaint is being taken. It is stated that thereafter the complainant went to the branch of the Bank of Baroda at Subzimandi, Delhi and informed the abovesaid fact, but the officials of the Bank told to contact the officials of the State Bank of India, Branch office at Subzimandi, Azadpur, Delhi-33.
3.  It is stated that thereafter the complainant visited the Bank i.e State Bank of India branch at Subzimandi, Delhi and informed the abovesaid fact and complainant was assured that since complaint has been registered at the abovesaid complaint number, the necessary investigation will be made and footage of the CCTV camera will be seen and considered and only then action will be taken. It is further stated that the complainant was advised to come after four days. Thereafter the complainant on 24.10.2014 again tried to withdraw the amount, but could not succeed and complainant was issued the statement slip by the machine showing the withdrawal of Rs.10,000/- on 22.10.2014 and  showing the avail bal Rs.762.38 P therein.
4. It is stated that thereafter, when complainant visited the SBI bank, no satisfactory reply was given and he was asked to go the Bank of Baroda. The complainant was made to stroll from one bank to another without any satisfactory reply so far and he visited the banks almost every day, but was kept in dark. It is further stated that thereafter complainant made a written complaint dated 12.11.2014 to the State Bank of India, Azadpur, Delhi-33 which was acknowledged by the bank on 13.11.2014 and copy to the Manager, Bank of Baroda, Azadpur, Delhi, but neither any action taken nor any response was made. It is further stated that the complainant thereafter again made a complaint dated 29.11.2014 to Shri. D.K Garg, General Manager of Bank of Baroda, 8^th Floor Bank of Baroda Bhawan 16, Sansad Marg, New Delhi-110001 for taking action in the matter. The copy of the same was also sent to Shri Ashok Aneja, Deputy General Manager, Bank of Baroda and Shri Bhupender Gupta, Chief Manager, Azadpur Mandi Branch, Delhi-110033 and sent the same through registered AD.
5. It is stated that no reply was received nor any action was taken nor the amount of Rs.10,000/- was credited to the account of complainant and vide letter dated 01.12.2014 addressed to the General Manager, State Bank of India, Parliament Street, Local office, Connaught Place, New Delhi-110001, was made aware about the aforesaid fact vide complaint no. AT 42921438-7452 and requested for taking action in the matter at the earliest, but no response was made nor any action was taken on the same also. It is further stated that thereafter the complainant received a letter dated 10.02.2015 from State Bank of India, Azadpur, Delhi-110033, informing that amount of Rs.10,000/- withdrawn on 22.10.2014 from ATM Bank of Baroda was a successful transaction and EJ Log of the same is being sent and further informed that they are in contact with the Bank of Baroda, and whenever they will receive the CCTV footage from the Bank of Baroda, the complainant will be informed about the same.
6. It is stated that since a sufficient long time expired and complainant was in the need of money and complainant was not being given satisfactory reply, the complainant moved an application under RTI Act dated 11.02.2015 addressed to the General manager State Bank of India, Parliament Street Local office, Connaught Place, New Delhi, seeking the information as to when the said amount will be given to complainant and alongwith  the said application a postal order bearing no. 21F 217934 was also sent as RTI Fee. The same was sent under Speed post. Thereafter the complainant received a copy of letter no. P&E/RTI/493/2014-15/3033 dated 20.02.2015 from the Central Public Information Officer & Assistant General Manager (P&E) of the State Bank of India, 11 Sansad Marg, New Delhi-110001 addressed to the CPIO and Regional Manager, RBO IV, State Bank  of India, State Bank of India, Regional Business Office IV, Delhi-ZO-II, A block, Admn Building 11, Parliament Street New Delhi-110001 and copy to the complainant for information whereby the RTI application dated 11.02.2015 received on 17.02.2015 alongwith the enclosures (four pages) was transferred for direct disposal at the end of CPIO stating that since the information sought is related to their  area of operation.
7. It is stated that thereafter no information was supplied nor any action was taken, nor the amount was paid nor the amount was credited in the account of complainant so far nor any satisfactory reply was given despite of the fact that the complainant visited both the banks almost daily, but no avail. It is further stated that since 22.10.2014, the complainant is under mental tension and he found that the services of the aforesaid respondents/OPs are very deficient and he has been made to run from one pillar to another, but no action has been taken. The amount of the complainant has been withheld illegally and he is being deprived of his legitimate right of the need of the money.
8. By way of this complaint, complainant is seeking direction to OP to pay the amount of Rs.10,000/- to complainant which never came out from ATM machine of Bank of Baroda with 24% interest per annum till payment forthwith, to pay Rs.10,000/- towards compensation for causing mental torture and harassment to complainant, to pay Rs.5500/- as litigation expenses and to pass any  further order which deems fit and proper.
9. As per record notice issued to OP1 and OP2 but they failed to appear despite -service, therefore, proceeded ex parte vide order dated 19.07.2016.
10. OP3 had filed detailed WS. On merit all the allegations made in the complaint are denied by OP3. It is stated that on the very same day i.e 22.10.2014 the complainant did not approach and/or contacted to respondent no.3. It is stated that OP3 did not receive any complaint dated 12.11.2014 and complaint dated 29.11.2014. It is further stated that present dispute is between complainant and respondent no.1 State Bank of India. It is stated that complainant as well as the respondent no.1 never approached and/or contacted to respondent no.3 for providing the CCTV footage for date 22.10.2014. It is further stated that any CCTV footage could not be provided after 90 days therefore, it is not possible to provide CCTV footage for the date 22.10.2014. It is stated that there is no lack of service of respondent no.3 and also has no concern with the present dispute. It is stated that respondent no.3 is not liable to pay Rs.10,000/- and a compensation and litigation expenses as alleged by the complainant. It is stated that present complaint is liable to be dismissed.
11. Complainant filed rejoinder to the WS of OP3 and denied all the allegations made therein and reiterated contents of complaint. It is stated that complainant is entitled to all the reliefs claimed in the complaint.
12. Complainant filed evidence by way of his affidavit and reiterated contents of complaint. Complainant relied on photocopy of statement slip of State Bank of India ATM obtained  on 24.10.2015 Ex.CW1/1, photocopy of letter dated 12.11.2014 received by OPs on 13.11.2014 Ex.CW1/2, photocopy of letter dated 29.11.2014 to General Manager, Bank of Baroda Ex.CW1/3, photocopy of letter dated 01.12.2014 to General Manager, SBI, Parliament Street Ex.CW1/4, photocopy of speed post receipts dated 01.12.2014, 01.12.2014, 02.12.2014 and 02.12.2014 Ex.CW1/5, copy of letter dated 10.02.2015 of State Bank  of India Ex.CW1/6, photocopy of RTI application dated 11.02.2015 Ex.CW1/7, photocopy of postal order no.21-F 217934 as RTI Fee Ex.CW1/8 and photocopy of letter dated 20.02.2015 of CPIO Ex.CW1/9.
13. OP3 filed evidence by way of affidavit of Sh. O.N Singh Chief Manager, Branch Head, Azadpur and reiterated contents of WS. OP-3 has placed on record the copy of slip, copy of letter dated 12.11.2014, 29.11.2014, 01.12.2014 sent by complainant, copy of letter dated 10.02.2015 forwarded by SBI, copy of JP Log report in support of its contention.
14. Written arguments filed by complainant as well as by OP3.
15. We have heard the arguments advance at the bar by counsel for OP-3 & 4 and have perused the record. Despite opportunity neither complainant nor OP-1 & 2 came forward to address the arguments.
16. It is argued by the OP-3 that on 22.10.2014, the complainant  had withdrawn  a sum of Rs.10,000/- from ATM machine, the JP Log report shows the status of “ATM TALLIED”.   In support of his contention he has drawn our attention toward JP Log report.  Perusal of the same reveals that on 22.10.2014 the complainant has used his ATM Card for withdrawal of Rs.10,000/- .  The report placed by the OP shows that the transactions was successful one.
17. According to OP-3, there was no possibility of a third person withdrawing the cash using the ATM card unless the card along with PIN was available to him.
18. It is a general practice that an ATM Card can only be used if the customer inputs his personal four digit identification number which is selected by the customer and not by the Bank. In the interest of security the customer is advised to retain this PIN in his memory so that no one else is privy to this information. The reverse of the ATM has a magnetic strip and white strip for signature of the cardholder. The Magnetic strip contains the cardholder’s details. This card can be used to gain entry into ATM enclosure by swiping it in the access lodge. In other words, unless a person is in possession of the relevant ATM Card and knows, the four digit PIN, the ATM Card cannot be used and operated. (Reliance has been placed upon the judgment of Hon’ble NCDRC in RP NO. 3973/2014 titled as Raghabendra Nath Sen vs. Punjab National Bank decided on 17.12.2014)
19. In the present case, admittedly, the complainant lodged first complaint with OP bank on 12.11.2014 whereas the incident of unauthorized withdrawal was arose on 22.10.2014, moreover, the complainant has not alleged that his ATM card was misplaced, in fact, the same is in his possession and as per the procedure without PIN number,  no one can access the ATM card or can use it. After going through the JP Log report dated 22.10.2014 we are of the considered view that the complainant has used his ATM Card and withdrew a sum of Rs.10,000/- from his account, the transaction is successful one, hence, no deficiency in service can be made out against OP as alleged in the complaint.
20. In view of the above discussion, we are of the considered opinion that the complainant failed to establish the case of deficiency in service on the part of OPs. Therefore, we find no merits  in the present complaint same is hereby dismissed.       
21. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  24.04.2024.

SANJAY KUMAR                 NIPUR CHANDNA                                               RAJESH

            PRESIDENT                             MEMBER                                                 MEMBER