O R D E R
Subhash Gupta, Member
The present complaint has been filed by the Complainant against the Opposite Parties, hereinafter to be referred as OPs, under section 12 of Consumer Protection Act, 1986 hereinafter to be referred as the ‘Act’. The facts as alleged in the complaint are that the complainant who is a Govt. Employee is holder of a saving bank account No.30328256233 with the State Bank of India i.e OP-1. The State Bank of India has also provided ATM Card No.6220180034800159351 to the complainant. It is alleged in the complaint that on 18.3.2013, the complainant withdrew a sum of amount of Rs.9,000/- through the ATM Card at Rani Khet, Uttrakhand. It is further alleged that subsequently on 10.4.2013 when the complainant again made efforts at the ATM at Rani Khet to withdraw some amount he came to know that there was insufficient funds in his account. Immediately the complainant contacted the Branch Manager of said ATM and he came to know that the sum of Rs.24,000/- was withdrawn on 19.3.2013 through ATM of Union Bank of India, Majnu Ka Tila, Delhi. It is alleged that the complainant was shocked to hear the same as during this period he was posted at Rani Khet and did not move to Delhi. It is pleaded that he also did not give the ATM Card to anyone for any purpose, then how the Bank can deduct this amount from his account. It has been further pleaded that the complainant made complaints to the Bank as well as to the Police Station Rani Khet. The legal notice was also sent to the OP by the complainant which has gone futile. Therefore, the complainant has filed the present complaint claiming a sum of Rs.2,00,000/- towards compensation/damages due to illegal acts of the OPs for causing mental harassment, tension as well monetary loss of Rs.24,000/- to the complainant.
2. The Notices of the complaint were issued to both the OPs, who have filed their written statement. OP-1 i.e State Bank of India has pleaded in its reply that the signature of the complainant on the complaint and the sign in the bank account are totally mismatching and therefore the complaint is liable to be dismissed. OP-1 has also pleaded that although the complainant admitted withdrawal of sum of Rs.9,000/- from his Saving Account No. 30328256233 with the OP Bank through his ATM Card but the place of the withdrawal has not been disclosed. It has also been pleaded that the complainant has also failed to mention as to how much money was left in the said account. OP-1 has also pleaded that the alleged ATM Card transaction for Rs.24,000/- took place on 19.3.2013 but the complainant came to know about the same on 10.4.2013 which is not believable due to the reasons that whenever any amount is withdrawn from the ATM of the Bank the same is communicated automatically through SMS to the Mobile phone of the customer. It has been further pleaded that the averments of the complainant that he had never moved to Delhi or given his ATM card to anyone for any purpose is totally wrong and false as it is the duty of the complainant to keep the ATM card in safe custody. It has been further pleaded that the withdrawal of the money from the account through ATM Card is a mechanical process and it cannot be processed without inserting ATM Card and the password which is especially known to the complainant only. It is further pleaded that the withdrawal of Rs.24,000/- on 19.3.2013 from the complainant’s saving account through his ATM Card from the ATM of Union Bank of India at Majnu Ka Tila, Delhi was a proper withdrawal as per details of the account of the complainant which is a conclusive proof of the proper withdrawal. OP-1 has further pleaded that the complaint is false, frivolous and concocted and is liable to be dismissed.
3. OP-2 has also filed their written statement. OP-2 has pleaded that a sum of Rs.24,000/- has been withdrawn through the ATM Card of the complainant on 19.3.2013 at Manju Ka Tila, Union Bank of India ATM in three installments. OP-2 has also pleaded that it was under an obligation to honor the request for withdrawal when the ATM card was processed at its ATM, as per the instructions of the Reserve Bank of India. OP-2 has also pleaded that the transaction from the ATM card of the complainant could not be done without the consent of the complainant as he is only privy to the password/pin number without which the transaction could not have been completed. In view of these pleadings OP-2 has also prayed for dismissal of the complaint.
4. The complainant as well as the OPs have filed their affidavits testifying the contentions raised in the complaint as well as written statements. The complainant has placed on record Ex.CW-1/1 which is a certificate issued by Sh. P.Mishra, Major, Adjutant for CO which certified that Sh. Durga Bahadur Chhetri i.e. the complainant was present on duty at Ranikhet (Uttrakhand) with his unit from 10 January to 10 April 13 and 30 April to 4 May 2013 and during this period he did not move out of Ranikhet for any personal or official duty. Apart from this the complainant has also filed on record a copy of e-mail Ex. CW-1/2 which is a reply received from OP-1 regarding receipt of his complaint, Ex.CW-1/6 is a complaint made by the complainant to the Officer-In-Charge of P.S. Chowki Majnu ka Tila, New Delhi, Ex.C-1/5 is a complaint made to Officer-In-Charge, P.S. Ranikhet, Almohra. These complaints are regarding illegal withdrawal of Rs.24,000/-from his account through ATM. The OP-1 has filed a copy of statement of account of the complainant which shows that on 19.3.2013 Rs.24,000/- was withdrawn vide three transactions through the ATM machine of Union Bank of India at Majnu ka Tila, New Delhi.
5. We have gone through the documents placed on the file and also heard the arguments of both the parties. When ATM Card/Debit Card is issued to the consumer/account holder a pin number is also issued to the individual separately which is confidential. This is only for the purpose of avoiding misuse of the ATM Card. This pin number or password is only known to the account holder. It is also a matter of fact that for any transaction the ATM Card is to be inserted in the ATM machine and the transaction can only take place if the correct pin number is fed in the ATM machine. In the present case, withdrawal of Rs.24,000/- has been made at the Union Bank of India Branch at Majnu ka Tila, New Delhi whereas it has been alleged by the complainant that he remained in Ranikhet during that period. The possibility of the ATM card and password travelling to Delhi cannot be ruled out. Therefore, in our considered opinion, we cannot fix the liability on the OPs for the omissions and commissions of the complainant. It was the duty of the complainant to secure the ATM Card and password and not to handover it to anyone for any purpose whatsoever. In such circumstances we are of the view that there is no deficiency of services on the part of OPs. Accordingly, the complaint is dismissed.
Copy of the order be sent to the parties as per rules.
Announced this 09th day of May, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
