J U D G E M E N T

Sri Biswanath De, Ld. President.

The complainant claims that he has an Account with the OP No.1 and he has an ATM card for the said account and on 07.02.12 while updating his Pass Book for the said account from the Station Feeder Road Branch of the State Bank of India he noticed that Rs.10,000/- was shown as ATM withdrawal from the ATM No.2611 of Axis Bank (OP No.2) on 15.01.12.  The complainant claims that he never withdrew the said amount and he informed the OP No.1 about the matter.  The complainant also informed OP No.2 of the matter but they expressed their helplessness to provide any redress.  The complainant thus files the case praying for award of Rs.10,000/- which had been deducted from his Account along with some other reliefs.  Hence, this case supported by affidavit. 

The OP No.1 has contested the case denying inter-alia all the material allegations as raised by the complainant.  It is stated that the complainant has been maintaining one Savings Bank Account being Account No.31276558379

Contd......P/2

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with the OP No.1 i.e., State Bank of India.  The complainant has ATM card.  He is enjoying the ATM card.  On 15.01.2012 the complainant had withdrawn a sum of money Rs.10,000/- from the ATM machine of Axis Bank Ltd. at Station Feeder Road counter under record no.2611 at 14.02 hours.  The complaint was lodged on 05.03.2012 in the bank of OP No.1.  He alleged that on 07.02.2012 when he updated Passbook from S.F. Road branch he found a sum of Rs.10,000/- was stolen from his account to Axis Bank Ltd. on 15.01.2012.  Thereafter, complainant lodged written complaint before the Branch Manager, OP No.1.  OP No.1 informed Branch Manager, Axis Bank Ltd. on 26.04.2012 regarding incident lodged by complainant.  The EJ report submitted by OP No.2 shows “it is found that the operation of the said amount of Rs.10,000/- on 15.01.2012 was made”.  So, OP No.1 has no negligence to debit this said amount of Rs.10,000/- on 15.01.2012 from the account of the complainant.  

The OP No.2 has contested the case denying inter-alia all the material allegations as raised by the complainant.  It is understanding between the OP Nos.1 & 2 that the customers of OP No.1 can use the ATM services of OP No.2.  The complainant is not a customer of the OP No.2.  There is no privity of contract between OP No.2 and complainant and therefore the complainant will not come within the purview of consumer as regards the OP No.2.  So, the complaint is liable to be rejected.  It is stated by OP No.2 that the allegation of complainant is false.  The OP No.2 also stated that loss of any suffered by the complainant, has been suffered due to the acts and conducts of the complainant and the OP is in no position to make good of the loss and the OP cannot pursue the matter through dispute management process (charge back) of visa as the transactions are processed in a secure environment.  Therefore, the OP No.2 prays the complainant’s case may be dismissed.     

Complainant has filed the following documents:-

1.       Photocopy of Mini statement of SBI ATM being dated 07.02.2012. 

2.       Photocopy of SBI bank Passbook up to date being dated 07.02.2012.

3.       Photocopy of letter to Branch Manager of SBI, Siliguri Court Branch dated 05.03.2012.

4.       Photocopy of Postal Receipt to Asix Bank Ltd., S.F. Road branch being dated 09.04.12.

          Complainant has filed affidavit of examination-in-chief.

OPs have filed examination-in-chief supported by affidavit. 

Contd......P/3

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Points for decision

1.       Whether there is deficiency in service on the part of the OPs ?

2.       Whether the complainant is entitled to get any relief as prayed for ? 

Decision with reason

The alleged incident took place on 15.01.2012 from ATM Axis Bank Ltd.  The original bank is State Bank of India.  Complaint was lodged thereafter.  Lastly matter was intimated to Axis Bank Ltd.  Axis Bank Ltd. after proper investigation as per their written averment found that Rs.10,000/- was withdrawn from the ATM of Axis Bank Ltd. on 15.01.2012. 

In this era the constitution of machine is made in such a higher technology that without insertion once own ATM card and PIN number therein no bank shall give any money whatsoever.  In the instant case in our hand, it is not the case of the complainant that on the alleged date or before alleged date the ATM card and PIN number were in possession with other person.  There is no whisper of such availability of ATM card and PIN number therein by the other person.  In this brief reasoning it is established that the allegation of complainant is baseless, particularly, where the technology is so high that without ATM card and PIN number, the ATM machine shall not act to deliver single money to anyone. 

Accordingly, the materials on records, we are of opinion that the case of the complainant fails.      

Hence, it is

                   O R D E R E D

that the Consumer Case No.30/S/2012 is dismissed on contest against the OPs but without cost.   

   -Member-                       -Member-                           -President-