DATE OF INSTITUTION: 04.02.2015.
DATE OF DISPOSAL: 17.12.2016.
Miss S.L.Pattnaik, President:
Deficiency in Banking Service is the sole allegation of the complainant.
2. Brief facts of the case of the complainant is that he is the customer of O.P.Bank having S.B.I. Account No. 32584718712 of Chhatrapur Bazar Branch. He is also availing ATM facilities and accordingly an ATM card was issued by the O.P.Bank in his favour to make his transaction and the complainant is regularly getting service from the O.P. On dated 27.10.2014 at about 12.07 P.M. the complainant was withdrawing Rs.11,500/- from SBI Bazar Branch,ATM Chhatrapur having machine code No. S1B W000055010, at the time of transaction the machine was out of service. As a result of which the complainant has not received any cash and he only received the withdrawal slip. After enquiry the complainant was found that Rs.11,500/- was debited from his account. On the same day he informed the matter to the Branch Manager of SBI and Customer Service Center. On dated 5.11.2014 the Bank returned Rs.11,500/- to him which was credited from his Bank account. But after one month i.e. 5.12.2014, he found that Rs.11,500/- was debited from his account again. When he lodged complaint regarding the matter before the ATM incharged, he supplied him a statement and in that statement it was written that he received 23 numbers of Rs.500/- notes on 27.10.2014. Again he lodged a complaint before zonal Office, Berhampur; they intimated that ATM transaction on dated 27.10.2014 was correct. So the complainant was not satisfied on the statement of the Bank, because he had not received Rs.11,500/- from the ATM machine. The complainant filed the following documents in support of his case.
A. Photocopy of SB. Account pass book bearing No. 32584718712.
B. Photocopy of complaint dt.22.12.2014 addressed to Branch Manager, SBI, Chhatrapur.
C. Photocopy of complaint dt. 21.1.2015 addressed to Branch Manager, SBI, Chhatrapur.
D. Photocopy of ATM transaction statement.
As Rs.11,500/- was debited from his account he could not deposit LIC premium which caused mental, physical and financial loss to him. Therefore he prayed that the O.P. be directed to give compensation of Rs.20,000/- for mental agony, and harassment and Rs.15,000/- for other expenses , Rs.1000/- towards filing of the case and to grant interest for debited amount of Rs.11,500/- i.e. total Rs.56,500/- (Rupees Fifty Six Thousand Five Hundred) only.
3. The O.P. entered its appearance through learned counsel on dated 4.1.2016 and took several times for filing written version. After several opportunities given to the O.P but he was absent on call and not taken any steps. Hence the O.P. is declared set exparte on dated 8.6.2016. On dated 20.7.2016 the O.P. filed written version alongwith a petition to set aside the exparte order passed by this Forum on dated 8.6.2016. The copy of the written version and set aside the petition was served to the complainant, the complainant endorsed with no objection. The exparte order against O.P. is set aside by this Forum and accepted the written version with cost of Rs.100/- to the complainant by O.P. The O.P. filed written version resisting the claim of the complainant. It is submitted by the O.P. that the ATM card was issued to the account holder subject to acceptance of terms and condition. The account holder should take adequate precaution to protect his own interest and money while operating their ATM cards with the existing facilities. It further submitted that no ATM transaction is possible without simultaneous use of card and PIN number. According to the O.P. in case of the complainant pin number and card was with the complainant and it is not possible to operate the ATM for his conveyance and knowledge.
Further O.P. stated that as per records Rs.11,500/- was delivered on 27.10.2014 to the complainant and all requisite documents in support of said payment was also given to the complainant. So, the ATM transaction was successfully carried out. No excess money was also found in the ATM. So the O.P. is neither liable to return the amount of Rs.11,500/- withdrawal from the account of the complainant nor responsible to pay compensation, court expenses and interest thereon for financial loss, mental agony and physical harassment and cost etc as claimed by the complainant. The O.P. has also provided all necessary information and extended full cooperation to the complainant. Hence there is no deficiency in service. The disputed amount was credited to the account of complainant awaiting verification. On verification when it was found that, the ATM transaction was successfully carried out; the amount was debited from his account. Hence the O.P. is not liable to pay anything and responsible for the alleged misuse of the ATM card as per the terms and conditions of the contract entered at the time of issue of the ATM card. However it is raised objection regarding maintainability of the case on the ground of mis-joinder and non-joinder of parties and also ground of jurisdiction. Hence O.P. prayed to dismiss the case.
4. The O.P. filed written argument on dated 23.8.2016 and the complainant filed written argument on dated 5.10.2016. We have gone through the case in detail and perused the documents filed on record. We heard from the complainant and the learned counsel appearing for the O.P. and gone though written argument filed by both the parties.
5. It is not disputed that the complainant is a customer of O.P.Bank having S.B. account No. 32584718712 and he was availing the facility of ATM transaction. It is the case of the complainant that he operates the ATM card and availed service from the O.P. But on dated 27.10.2014 the complainant after inserting the card for withdrawal, the ATM machine was out of service and he failed to get money. After inquiry of the S.B. account he found that Rs.11,500/- was debited from his account. So he immediately reported the matter to the Branch Manager, SBI, Bazar Branch and also to the customer service center. Afer report, completing formal investigation, the O.P. returned a sum of Rs.11,500/- to the account of the complainant on dated 5.11.2014. But on 5.12.2014 the complainant found that again Rs.11,500/- was debited from his account by the O.P.Bank. So he lodged a complaint before the ATM incharge and the ATM incharge supplied him a statement of successful transaction of ATM on 27.10.2014. Being aggrieved the complainant filed a case against the O.P. for deficiency in service. The O.P. in his written statement stated that the disputed amount of Rs.11,500/- was credited to the account of the complainant awaiting verification and after verification it was found that the ATM transaction was successfully carried out and the amount was debited from his account. On perusal of the documents placed on the case record, it reveals that on dated 27.10.2014 at about 12:07:16 cash was dispensed in card No. 62201XXXXXXXXX8982 . Further also Saving Bank Pass Book of complainant also reveals that on dated 27.10.2014 the amount was debited from the account of the complainant and there was a balance of Rs.1475.64 paisa. Similarly the up-to-dated Saving Bank Pass Book account shows that on dated 5.11.2014 Rs.11,500/- was credited to the account of the complainant and there was a balance of Rs.12,958.64 paisa. The plea taken by the Bank regarding disputed amount of Rs.11,500/- is not believable, due to want of suitable evidence in this regard. The Forum by going through the complaint as well as written version of the O.P. and the documents relied upon by both parties we came to conclusion that the O.P. has committed negligence and deficiency in service on their part by debiting Rs.11,500/- again from the S.B. account of the complainant. In view of this important aspect and the peculiar facts and circumstances of the case it proves beyond doubt that the O.P. has failed to protect of the account of the complainant due to which an amount of Rs.11,500/- was debited from the account of the complainant after intimation to the O.P. As the money has been debited from the account of the complainant and he failed to get money of Rs.11,500/- the O.P. is liable to refund the same to the complainant since the O.P. is the custodian of money and liable to make good of his loss. Therefore we are of the opinion that the complainant is entitled to get Rs.11,500/- from the O.P. together with litigation cost and compensation of Rs.1000/- towards mental agony and harassment.
In view of the above discussion and considering the facts of the case from all its ramification, we allowed the case of the complainant against O.P.Bank. We accordingly direct the O.P. to refund a sum of Rs.11,500/- (Rupees Eleven Thousand Five Hundred) only together with litigation cost and compensation of Rs.1000/- (Rupees One Thousand) only to the complainant within one month from receipt of this order failing which the complainant is at liberty to recover the entire amount U/S 25/27 of Consumer Protection Act. This case is disposed of accordingly.
The order is pronounced on this day of 17th December 2016 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and be sent to the server
