Case No.CC/173/2024

Date of Institution:-04.10.2018

Order Reserved on :-16.07.2024

           Date of Order :-26.07.2024

IN THE MATTER OF:

Sh. Manoj Kumar Chobey

S/o Sh. Bhuneshwar Choubey,

R/o 25, Batalion,

Border Security Force,

Chhawla Camp, New Delhi – 110071.

          …..Complainant

VERSUS

1. State Bank of India

Head Office:

1819, Devdas Kamlleg Block,

Synergy Building,

Bandra Kurla Complex,

Bandra East Mumbai – 400051.

2. State Bank of India

Through Branch Manager,

Brahampur, Code : 2923,

Distt. Buxar, Bihar.

… Opposite Parties

O R D E R

Per R. C. YADAV , MEMBER

1. The complainant has filed the present complaint under section 11 of the Consumer Protection Act, 1986against the OP on account of their arbitrary conduct, deficiency in service as well as violation of various mandatory provisions of law and unfair trade practice.  Briefly stated, the case of the complaint are that the complainant is serving at 25^thBatalian, ChhawlaCamp, New Delhi and having account no 11-198890981 with the OP bank.  The complainanthas been issued only one ATM card bearing no. 6220180188800136122.  The complainant has taken personal loan of Rs.2,00,000/- for the higher studies of his children and for the safety of the said amount, he preferred to credit the amount of Rs.1,00,000/- to his above mentioned SBI account by cheque no. 534895 on 14.11.2017.  The complainant has further deposited Rs.15,000/- on 20.11.2017.
2. On 01.12.2017, total of Rs.75,000/- was withdrawn by some unknown person from ATM point at Mangal Bazar Najafgarh New Delhi and on 02.12.2017, total of Rs.34000/- was again withdrawn. Thus a total of Rs.1,09,000/- (Rupees One Lakh Nine Thousand) has been stolen from his SBI account within 2 days.  The mobile no. 8882570641 of the complainant is connected to the said account but not a single message was received in his mobile regarding the illegal transactions. The complainant has stated that the ATM card was with the complainant at the time of illegal transaction. Moreover, the transaction limit with the ATM card is only Rs.40,000/- per day. The complainant has never disclosed his ATM or PIN number to anyone. The complainant made the complaint to the customer care no. 1800112211 on 08.12.2017.  The customer care registered his complaint and provided 12 digit ticket no.  The complainant has also submitted “ATM transaction dispute form” to the OP on 26.12.2017. The branch manager of OP No. 2 inquired with the complainant about the transaction and forward the letter to the Astt. General Manager, Customer Care Office, Patna. The complainant has lodged a complaint in police station Chhawla and the case vide FIR no. 540/2017 dated 15.12.2017 U/s 420 IPC has been registered in PS Chhawla Najafgarh New Delhi.  The complainant had also contacted Sh. A. S. Thakur, AGM, Patna in this regard and he ensured the complainant that the amount of Rs.1,09,000/- will be refunded shortly. The OP has not refunded his lost money more than three months have passed.  Thus, the OPs have been deficient in providing the required services to the complainant. Hence, this complaint.  The complainant has prayed for refund of Rs.1,09,000/- (Rupees One Lakh Nine Thousand)with interest of @ 18% p.a. alongwith Rs.50,000/- for mental harassment and Rs.30,000/- for litigation charges.
3. Notice was served to OPsbut it did not enter appearance and OPs were proceeded Ex-Parte vide order dated 16.04.2019. 
4. The complainant has filed Ex-parte evidence and written arguments in support of his case.
5. The case was listed for arguments, none was appeared for the complainant. Since the case pertains to 2018, we feel it prudent that the case should be decided due to the long pendency of the present complaint. The complainant can address the arguments within 07 working days. Hence, the case was reserved for order.
6. We have carefully considered the material on record and thoroughly.
7. It is the case of the complainant that he is having an account no 11-198890981 with the OP bank.  The complainant has been issued only one ATM card bearing no. 6220 1801 8880 0136 122.  The complainant has taken personal loan of Rs.2,00,000/- for the higher studies of his children and for the safety of the said amount, he preferred to credit the amount of Rs.1,00,000/- to his above mentioned SBI account by cheque no. 534895 on 14.11.2017.  The complainant has further deposited Rs.15,000/- on 20.11.2017.  On 01.12.2017, total of Rs.75,000/- was withdrawn by some unknown person from ATM point at  Mangal Bazar Najafgarh New Delhi and on 02.12.2017, total of Rs.34000/- was again withdrawn. Thus a total of Rs.1,09,000/- (Rupees One Lakh Nine Thousand) has been stolen from his SBI account within 2 days.  The mobile no. 8882570641 of the complainant is connected to the said account but not a single message was received in his mobile regarding the illegal transactions. The complainant has stated that the ATM card was with the complainant at the time of illegal transaction.  Moreover, the transaction limit with the ATM card is only Rs.40,000/- per day. The complainant has never disclosed his ATM or PIN number to anyone. The complainant made the complaint to the customer care no. 1800112211 on 08.12.2017.  The customer care registered his complaint and provided 12 digit ticket no.  The complainant has also submitted “ATM transaction dispute form” to the OP on 26.12.2017. The branch manager of OP No. 2 inquired with the complainant about the transaction and forward the letter to the Astt. General Manager, Customer Care Office, Patna. The complainant has lodged a complaint in police station Chhawla and the case vide FIR no. 540/2017 dated 15.12.2017 U/s 420 IPC has been registered in PS Chhawla Najafgarh New Delhi.  The complainant had also contacted Sh. A. S. Thakur, AGM, Patna in this regard and he ensured the complainant that the amount of Rs.1,09,000/- will be refunded shortly. The OP has not refunded his lost money more than three months have passed.  Thus, the OPs have been deficient in providing the required services to the complainant.
8. Now, the question is that who is responsible for the transaction of Rs.1,09,000/. This is the real question in the absence of any reconciliation statement being filed by any of the OPs, version of the complainant is required to be believed as the same is more credible. The complainant was having ATM card with him at the time of illegal transactions and he got registered FIR in the PS Chhawla regarding this illegal transaction. The mobile number of the complainant was attached with the bank account and the OPs have not sent any message regarding these illegal transactions to the complainant.
9. Accordingly we find the deficiency in service and unfair trade practice on part of the OP. Keeping in view of the above discussion and observations, we allow the complaint of the complainant and direct the OPs jointly or severally to refund Rs.1,09,000/- (Rupees One Lakh Nine Thousand Nine Thousand) alonwth interest @ 6% p.a. from the date of illegal transactionsand Rs.30,000/- (Rupees Thirty Thousand) as lumpsum for mental agony and litigation chargesto the complainant within 45 days from date of receipt of order failing which the OP shall be liable to pay the entire amount alongwith interest @ 9% p.a. till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 26.07.2024.