Complainantby filing this complaint has alleged thaton 25.04.2012 somehow or otherwise they received a SMS in their Mobile Phone No.9800941446 in respect of withdrawal of Rs.10,000/- from their savings bank account No. 20079335244 of State bank of India, Park Circus Branch, 9 Syed Amir Ali Avenue, Kolkata- 700017 though they did not withdraw any such amount.  So, they became perplexed and rushed to the Branch Manager of the office banker and lodged a complaint on 26.04.2012 and while updating the bank pass book it was found that Rs.10,020/- had been debited against their account on 25.04.2012.  Against that they lodged a complaint to the Branch Manager but no action has been taken by the branch manager.  So, after seeking relief and for solution of their problem again they sent a letter on 08.010.2012 and as because the complainants were engaged in their profession they have no time to waste to meet the Branch Manager physically so many time SMS was sent but banking authority did not take any positive steps for which their problem has not been redressed and ultimately they sent e-mail on 04.12.2012 and thereafter by sending by 5 reminders 17.01.2013 prayed for relief.

          Considering the conduct of the branch manager of the said bank it is evident that the banking authority did not render proper service and also did not redress their problem and no reply was also sent on behalf of bank informing about the fate of their complaint and in the above circumstances they have appeared before this Forum for redressal for negligence and deficiency in service on the part of the Bank Authority.

          On the other hand the op/bank by filing their written statement has submitted that no doubt the complainant is a customer in respect of Bank A/C No.20079335244 belonged to SBI at Park Circus Branch having ATM Debit card being No.6220180174900128649 and complainant used the card in respect of transaction.

          On receipt of a complaint made by the complainants on 26.04.2012 to the op/Bankthey also made enquiry and came to know that on 25.04.2012 at about 21:30:12 hours complainant withdrew a sum of Rs.10,000/- through the ATM Card and accordingly the matter was informed to the complainant and it is specifically mentioned that no transaction was possible without knowledge of secret PIN number and ATM cards and if those documents are not used by the person at the time of transaction,it would not be possible for anyone to withdraw it and further they have submitted that after receipt of the complaint letter dated 26.04.2012 bank made enquiry and came to learn that the said card along with ATM were used and it was a successful transaction.  So, there was no negligence or deficiency on the part of the Bank because the card holder and PIN number holder used it for the purpose of withdrawal of money and as because there is no allegation against the bank about the fraudulent transaction.  So, the complaint should be dismissed.

Decision with reasons

          On careful consideration of the entire materials on record and also hearing the Ld. Lawyers of both the parties and also considering the transaction reports of the State Bank of India we have gathered that the complainant on 25.04.2012 at about 11:28:03 hours withdrew Rs.9,000/- against ATM(Id) No. SPCN 0172 and from that transaction report it is also found that just after that another withdrawal of sum of Rs.10,000/- (with deduction as Rs.20,000) was made on the same date at about 11:30:32 hours.  But in respect of that transaction the ATM which was used being identity number of ATM No.SPCN 0171 and in both the case ATMs were of the Axis Bank and there was transactional relation in between the State Bank of India and Axis Bank.  So, invariably complainant used the ATM of Axis Bank at the time of withdrawal and in respect of both the cases the same card number of the complainant was used.

          But most interesting factor is that the complainant has tried to say that the transaction against ATM (Id) No. SPCN 0171 was not withdrawn by him.  But fact remains that the complainant used ATM of Axis Bank and withdrew of Rs.9,000/- on 25.04.2012 just prior to second transaction and in between the two transactions gap of time was only 2:29 minutes.  But anyhow the complainant has tried to say and tried to prove that transaction was done by some unknown person.  But for the sake of the argument if it is accepted that said amount was withdrawn by 3^rd party on that date from the same ATM No. SPCN 0172 then they also withdrew at 17:05:24 hours a sum of Rs.620/-.

          Thereafter at 21:30:12 hours they withdrew a sum of Rs.10,000/- and thereafter he withdrew another amount of Rs.1,400/- at 21:40:50 hours.  But in respect of the subsequent withdrawal of Rs.620/- was made against Axis Bank ATM No. SPCN 0172 and in respect of another sum ofRs. 10,000/- transaction was made against ATM (Id) of UBI having ATM No. DCAL 0250 and in respect of Rs.1,400/- ATM of State Bank of India was used and ultimately on that date the balance account was found Rs. 8/- only and considering repeated transactions we have gathered that complainant used 3 ATM of different bank i.e. Axis Bank, State Bank of India, United Bank of India etc. and disputed transaction is against ATM No. SPCN 0171.  But before that he used another ATM invariably of the same area having ATM No. SPCN 0172 and not only that after this disputed transaction he used ATM of Axis Bank, ATM of UBI and ATM of SBI and practically exhausted his balance credited against the account and ultimately balance status of the said account is found only Rs.8/- that means he completed his entire transaction, withdrew the entire amount and thereafter he appeared before the Banking Authority and challenged that disputed transaction i.e. from ATM No. SPCN 0171 no such amount was withdrawn by them but such a story cannot be believed in view of the fact that in the complaint he has not disclosed the entire story that one after another transactions were made but only he pointed out one transaction.  But such an allegation on the part of the complainant cannot be believed in view of the fact that subsequent transactions are not whispered in the complaint.

          Another fact is that he has not stated anywhere in the complaint where the ATM (Id) No. SPCN 0171 is situated.  But probably the ATM No. SPCN 0172 and SPCN 0171 are situated in one room side by side and perhaps he failed to withdraw the amount of Rs.10,000/- from ATM No. SPCN 0171thereafter he tried to use the next machine where from he got Rs.9,000/- and went away and in the meantime the amount was somehow or otherwise came out after processing and placed before drawer for delivering when he was not present and someone removed it and another factor is that there is no allegation in respect of the defect of the ATM or any fraudulent act of the Bank.

          Considering all the above facts and circumstances we find that complainant has failed to prove any sort of the defect of ATM or any fraudulent act of the Bank Authority or any challenge that the amount has been hacked by some other hackers.  But it is their simple allegation that amount was withdrawn.  Then under any circumstances and for any reasons we cannot believe that a person who handled 3 ATMs on 25.04.2012 within the period from 11:28:03 hours to 21:40:50 hours and withdrew the entire amount did not transact the disputed transaction. 

          But it must be proved by cogent evidence for what reasons this Forum shall have to believe that disputed transaction was fraudulent transaction.  Mere assertionis not sufficient to prove the allegation on the contrary the conduct of the complainants are very suspicious in view of the fact and they have not stated when they found that this amount was withdrawn and they became perplexed and being afraid they withdrew subsequent amount in such a fashion.  But that story is absent for which we cannot rely upon the statement of the complainants or the allegation as made against the Bank Authority and at the same time the negligence and deficiency on the part of the Bank is not at all proved and further there is no allegation of fraudulent transaction by any hackers.  So, we cannot rely upon such a matter also.

          In the result, the complainants have failed to prove their allegation about alleged transaction and no doubt complainants are not entitled to any relief and they have failed to prove any sort of negligence on the part of the op/Bank.

          In the result, the complaint fails.

          Hence, it is

ORDERED

          That the complaint be and the same is dismissed on contest but without any cost against the op/State Bank of India.