BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Thursday the 10th day of March, 2011
C.C.No 129/10
Between:
H.B.Praneshachari,
S/o H.B.Kristachar,
Resident of D. No. 5/179,
Hathibelagal village,
Alluru Mandal,
Kurnool District. ..…Complainant
-Vs-
State Bank of India,
Represented by its Branch Manager,
Alluru Branch, Alluru,
Kurnool District. …Opposite Party
This complaint is coming on this day for orders in the presence of K.Kapileswaraiah, Advocate, for complainant, and Sri V.V.Krishnama Raju, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 129/10
1. This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying to direct the opposite party:-
- To reimburse the amount of Rs.63,000/- withdrawn by the unknown person with interest at the rate of 24% p.a.
- To pay compensation of Rs.30,000/- for the mental agony of the complainant;
- To pay compensation of Rs.5,000/- towards legal charges to the complainant;
(d) To grant any other relief deemed fit in the circumstance of the case.
2. The case of the complainant in brief is as under:- The complainant is having S.B. Account bearing No.1148 616 9676 in S.B.I. Alluru Branch. He is also having A.T.M. Card bearing No.622018007900004332. The complainant went on tour to Karnataka State and there he lost his A.T.M. Card. Immediately the complainant requested the opposite party through phone to lock his account. After returning from the tour the complainant gave a written complaint to the opposite party and obtained new A.T.M. Card bearing No.6220180077900012996. Nine months there after the complainant found withdrawal of the amounts from his account through the old A.T.M. Card. 26-04-2010-Rs.15,000/-, 26-04-2010-Rs.15,000/-, 26-04-2010-Rs.5,000/-, 26-04-2010-Rs.5,000/-, 27-04-2010- Rs.3,000/-, 27-04-2010-Rs.15,000/-, 27-04-2010-Rs.3,000/-, 02-05-2010-Rs.2,000/-. In total an amount of Rs.63,000/- was withdrawn by some body by using the Old A.T.M Card of the complainant. The opposite party not locked the Old A.T.M. Card while issuing the new A.T.M. Card. While issuing the new A.T.M Card the opposite party informed that his Old A.T.M. Card was locked. The opposite party acted negligently. The opposite party is responsible for the withdrawal of an amount of Rs.63,000/- by some unknown person through the Old A.T.M. Card. The complainant is also entitled for compensation of Rs.30,000/- for the mental agony caused to him. Hence the complaint.
3. The opposite party filed written version stating that the complainant opened S.B. Account bearing No.11486169676 on 27-01-2004 in Alluru Branch. The opposite party issued A.T.M. Card on 11-03-2008. The guidelines and instructions were issued to the complainant along with the A.T.M. Card. The customer should maintain the secrecy of the Pin Number. Without Pin Number it is not possible to a customer to withdraw the amount from the A.T.M. Center. No complaint about the loss of A.T.M. Card was given to the opposite party on 01-06-2009. The place where the complainant lost his A.T.M. Card is not mentioned. The date on which he lost his A.T.M. Card is also not mentioned in the complaint. The complainant never brought to the notice of the opposite party that he lost his first A.T.M. Card. The complainant applied for new A.T.M. Card without disclosing that he lost his Old A.T.M. Card. The complainant might be operating two A.T.M. Cards simultaneously. There is no negligence on the part of opposite party and the opposite party is not liable to pay any amount to the complainant. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A5 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite party Ex.B1to B3 are marked and sworn affidavit of the opposite party is filed.
5. Both sides filed written arguments.
6. The points that arise for consideration are:
- Whether there is deficiency of service on the part of the Opposite Party?
- Whether the complainant is entitled to the reliefs as prayed for?
(c) To what relief?
7. POINT No.1 & 2:- Admittedly the complainant is having S.B. Account bearing No.11486169676 with the opposite party’s Branch Alluru. It is also admitted that on the application (Ex.B2) of the complainant he was issued A.T.M. Card bearing No.622018007900004332. It is admitted that the complainant was issued second A.T.M. Card bearing No.6220180077900012996 basing on his application Ex.B3 dated 09-06-2009. It is also admitted that subsequent to issuance of the second A.T.M. Card, an amount of Rs.63,000/- was withdrawn from the account of the complainant by using the Old A.T.M. Card bearing No.622018007900004332.
8. It is the case of the complainant that he lost his first A.T.M. Card bearing No.622018007900004332 when he went to Karnataka State for tour and that he informed the same through phone to the opposite party. It is not mentioned in the complaint the date on which the complainant lost his first A.T.M. Card. There is also no mention in the complaint the place where he lost his first A.T.M. Card. The date on which he informed the opposite party about the loss of the A.T.M. Card is also not there in the complaint. For the first time the complainant in his notice Ex.A1 dated 24-05-2010 informed the opposite party that he missed his A.T.M. Card on 01-06-2009. In Ex.A1 it is not stated by the complainant that he lost his First A.T.M. Card. The complainant in his sworn affidavit also did not give the place where he lost his First A.T.M. Card. It is also not mentioned the date on which he lost his First A.T.M. Card. Except the affidavit evidence of the complainant there is no material on record to show that the opposite party was informed by the complainant that on 01-06-2009he lost his A.T.M. Card. It is specifically denied by opposite party that the complainant gave the written complaint. It is for the complainant to establish that he gave a written complaint to the opposite party asking to lock the Old A.T.M. Card. In the absence of documentary evidence it cannot be said that the complainant informed opposite party that he lost his A.T.M. Card and that his Old A.T.M. Card should be locked.
9. Admittedly the complainant applied for A.T.M. Card on 09-06-209 and he was issued Second A.T.M. Card bearing No.6220180077900012996. Ex.B3 is the application for A.T.M. Card dated 09-06-2009. In the said application also there is no mention that he complainant lost his First A.T.M. Card. Merely because the Bank issued Second A.T.M. Card it cannot be presumed that the complainant lost his First A.T.M. Card. There is no bar to have more than one A.T.M. Card. Account holder can operate his account through more than one A.T.M. Card. Admittedly no application was given by the complainant to the opposite party to lock his First A.T.M. Card when the complainant made an application for Second A.T.M. Card. As seen from the Ex.B1 copy of the statement of account of the complainant it is very clear that an amount of Rs.63,000/- was withdrawn from the account of the complainant from 26-04-2010 to 02-05-2010 by using Old A.T.M. Card bearing No.622018007900004332. Admittedly Pin Number will be give to the customer along with A.T.M. Card. One should maintain the secrecy of the Pin Number of his A.T.M. Card. As the First A.T.M. Card was issued to the complainant, there is no possibility to any third party to withdraw the amount from any A.T.M. Center with out knowing the Pin Number. It is not the case of the complainant that he gave his Pin Number to others. The complainant could not place evidence to show that he lost his First A.T.M. Card. Admittedly on 07-05-2010 the complainant used his Second A.T.M. Card and withdrawn the amount thrice. The Old A.T.M. Card was used and withdrawn the amount from 26-04-2010 to 02-05-2010. By -7-05-2010 the complainant got the knowledge that an amount of Rs.63,000/- was withdrawn by using the Old A.T.M. Card. It is not known as to why the complainant kept quite till 24-05-2010 with out lodging a complaint to the opposite party immediately. No negligence is found on the part of the opposite party. The A.T.M. Card of the complainant cannot be blocked with out a application in writing. There is no material to show that the complainant gave written application to the opposite party to lock his First A.T.M. Card. The negligence in handling the A.T.M. Card is there on the part of the complainant. No deficiency of service on the part of the opposite party is proved by the complainant. The complainant is not entitled to the reliefs as prayed for.
8. In result, the complaint is dismissed. But in the circumstances no cost.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 10th day of March, 2011.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite party: Nill
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of complaint dated 24-05-2010 to
the Branch Manager, S.B.I Aluru Branch, Kurnool District.
Ex.A2 Postal receipt and ack.
Ex.A3 Photo copy of letter dated 31-05-2010.
Ex.A4 Photo copy of Details of Pass Book bearing NO.11486169676.
Ex.A5 Photo copy of letter dated 25-05-2010 by
the State Bank of India, Aluru.
List of exhibits marked for the opposite party:-
Ex.B1 Photo copy of Statement of account bearing NO.11486169676 dated 27-05-2010.
Ex.B2 Photo copy of ATM application form dated 19-02-2008.
Ex.B3 Photo copy of ATM application form dated 09-06-2009
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
