- Mr Shamshul Haque,
J-59/2/D/1 Fathepur Village Road,
Kashmir Para, P.O. Garden Reach,
Kolkata-24. _________ Complainant
____Versus____
- State Bank of India,
Garden Reach (Cal)
S E Railway, HQ: Garden Reach,
Kolkata-43.
- S.B.I. ATM
New Market, Kolkata. _______ Opposite Parties
Present : Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 20 Dated 11-09-2014
The case of the complainant in short is that complainant has savings account being no.10320848339 with SBI, Garden Reach Branch, Kolkata. Complainant withdrew Rs.500/- from SBI ATM at New Market, Kolkata on 7.4.11 at 16-42 hours. But he was shocked on 21.4.11 when he observed his mini statement of his account that there is a withdrawal of Rs.15,500/- on 7.4.11. Accordingly, complainant made a complaint being no.AT14021349655 on 21.4.11 and no.14021371193 against the aforesaid transaction. Complainant also made a complaint at New Market P.S. on 3.5.11 and to the Grievance Redressal Machinery of State Bank of India, 1, Strand Road, Kolkata. But the complaints were closed without any clarification. Complainant also lodged a complaint before Banking Ombudsman, RBI being no.20111205001331 and Banking Ombudsman also closed the case without any hearing. So complainant has filed the instant case with prayer for refund of Rs.15,000/- along with compensation and cost.
O.ps. appeared before the Forum and filed w/v. In their w/v they have denied all the material allegations interalia stated that complainant made ATM transaction on 7.4.11 and the response code was 000 which shows withdrawal of Rs.500/- from the savings account of complainant. Complainant further withdrew Rs.15,500/- on the same date and the response code was 000. O.ps. have stated that transaction by ATM card is not possible without the secret PIN number of the card. So the allegation is vague and as such, the case is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It admitted fact that complainant has a savings bank account with SBI, Garden Reach Branch. Complainant has annexed ATM transaction slip bearing TXN no.9457 from which we have observed that the available balance was Rs.15,713/- after withdrawal of Rs.500/-. From the documents filed by o.ps. we have observed that an ATM transaction was made bearing TXN no.9458 for withdrawal of Rs.15,500/-. Both the silps show the response code 000 which means successful transaction. From the complaint details o.ps. had given the resolution that ‘no excess found. It was a successful transaction’ and o.ps. have closed the complaint. Complainant had not asked for any CCTV footage for the alleged transaction which was made on 7.4.11. Complainant has noticed that alleged transaction on 21.4.11 but he has not prayed any CCTV footage from which we can conclude that the transaction was not made by him. From all bank documents we have observed that o.ps. have received the complaint and processed the same. They have not found any excess amount on 7.4.11. So, complainant has failed to substantiate his case and is not entitled to get any relief.
Hence, ordered.
That the case is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
