By Smt. Padmini Sudheesh, President:

 

            The complainant’s case is as follows. The complainant is an account holder of respondent Bank and also availed ATM facility. The complainant has withdrawn Rs.1000/- through ATM on 18.9.2006. After this withdrawal there shows a balance of Rs.41,369.34 instead of Rs.45,369.34 showing a shortage of Rs.4000/-. At the time of every withdrawal through ATM the complainant used to keep; accounts of the withdrawal and balance in his accounts. The complainant has not withdrawn Rs.4000/-, which is found less in his accounts. The complainant intimated this matter to the respondents on 19.9.06. In reply to this letter it was intimated that the complainant had withdrawn the amount from his account on 11.6.2006 and it was not debited to the accounts. But the averments in the reply were not correct and the complainant had not made such a withdrawal. Hence the complaint.

 

            2. The averments in the counter is as follows: The complainant had withdrawn an amount of Rs.4000/- from the ATM attached to the main Branch on 11.6.2005 while the cash was disbursed and it was not debited from the account due to technical snag. But this transaction figured in the SWOS report and recovered from the complainant by debit to his account on 16.9.2006. The details regarding this transaction were again verified on the request of the complainant and the genuineness was intimated to the complainant. The respondents have acted only in accordance with law and no deficiency in service on their parts and dismiss the complaint. 

 

            3. The points for consideration are:

 

(1)   Is there any deficiency in service by the respondents?

(2)   If so, reliefs and costs.

 

            4. The evidence consists of Exts. P1 to P3 and R1 to R3.

 

            5. Points-1 to 3: The complainant’s case is that when he made a withdrawal of Rs.1000/- by using the ATM card, there was a shortage of Rs.4000/- in the balance. Instead of showing a balance of Rs.45369.64 it shows only Rs.41369.34. The complainant used to keep accounts of withdrawal and available balance on every withdrawal while using ATM card. Since the complainant is not aware of the withdrawal of Rs.4000/- from his account he claimed to get the amount found shortage in his account. In the counter it is stated that the complainant had withdrawn Rs.4000/- from the ATM attached to the main branch on 11.6.2005. But the withdrawal was not debited from the account due to technical snag. When the transaction figured in the SWOS report it was recovered from the complainant by debit to his account on 16.9.2006. They stated that these details regarding the transaction were verified on the request of the complainant and the genuineness was intimated.

 

            6. Ext. P3 is the copy of the savings bank passbook issued to the complainant. On a perusal of this document it is seen that a withdrawal of Rs.4000/- was recorded on 13.9.06 as ATM Recon 11.6.05. Ext. R2 is the photocopy of the SWOS report wherein it is also shown a withdrawal of Rs.4000/- on 11.6.05. The documents submitted by the complainant and respondents proved that there was a withdrawal of Rs.4000/- on 11.6.2005. The withdrawal was not debited from the complainant’s account due to technical reasons and later it was rectified. The respondents have acted only as per rules in force and no deficiency in service is found.

 

            6. In the result, the complaint is dismissed.