Judgment : Dt.13.2.2018
Mrs. Balaka Chatterjee, Member
This petition of complaint is filed under section 12 of C.P.Act, 1986 by Mousumi Chatterjee (Chakraborty) alleging deficiency in service on the part of the opposite party State Bank of India.
Case of the Complainant in brief is that she opened a Savings Account with ATM/Debit Card facility under the opposite party Bank. It is stated by the Complainant that on 17.3.2016 when she was getting her passbook updated found that an amount of Rs.1,20,857/- had been debited from her savings account by several transactions took place on 22.02.2016 and 23.02.2016. The Complainant has stated that on 17.03.2016 i.e. the date on which the said unauthorized transactions had come to her knowledge, intimated the OP Bank Manager by a letter but no reply in this regard has been received so far by the Complainant. The Complainant has further alleged that no SMS was received by the Complainant from the end of the Bank. It is also stated by the Complainant that she lodged complaint before Police and Banking Ombudsman. The Complainant has prayed for direction upon the OP to pay Rs.1,20,857/- along with interest @ 18% p.a. from the date of debit till realization, to pay Rs.50,000/- and Rs.25,000/- towards compensation and litigation costs respectively.
Complainant has annexed –
- Voter Identity Card
- Bank’s Passbook
- Complaint letter as well as Demand Notice dt.17.3.2016
- Complaint letter dtr.31.3.2016
- Letter of complaint to the Ombudsman, R.B.I.
- Letter of complaint dt.17.3.2016 to the Joint Commissioner of Police – Crime.
OP contested the case by filing written version denying and disputing all the allegation made out in the petition of complaint stating inter alia, the Complainant has lodged complaint with the Cyber crime Cell, Kolkata Police Lalbazar, Kolkata-700 001 and by not impleading the same as party the complaint suffers from non-joinder of party. It is further stated by the OP that the Complainant has been maintaining a savings Bank Account being No.30160068064 OF SBI, Alipore Branch in the name of Mousumi Chatterjee.
Points for determination
- Whether there is deficiency in service on the part of the OP.
- Whether the Complainant is entitled to the relief as prayed for.
Both points are taken up today for comprehensive discussion and decision. Admittedly the Complainant is an account Saving Bank Account holder under the OPs and enjoys facility of ATM Card in respect of the said Savings Bank Account. The specific allegation made by the Complainant is that an amount of Rs.1,20,857/- was unauthorisedly debited from his account by unauthorized transaction through his ATM Cards although she never parted the said card with her.
On the other hand the OP submits that unless and until the Card holder disposes his/her PIN and handover the Card, it is not possible for any one other than the Card holder to withdraw any amount through this card. To determine this point we rely upon the decision of the Hon’ble NCDRC decided on 7.4.2011 [State Bank of India vs K. K. Valla] wherein their Lordships please to hold that without the ATM Card and knowledge of PIN No. it is not possible for money to be withdrawn by an unauthorized person from an ATM. Relying upon the decision, we are also of opinion that the Bank cannot be held liable for withdrawal of the said amount of Rs,1,20,587/- with the ATM Cum Debit Card facility. It is stated by the OP that all the disputed transactions with the ATM Card being No.5422250001026749 belongs to Mousumi Chatterjee and it is evident from the transaction record she has successfully utilized her A.T.R Card. The OP specifically mentioned that if there is any breach of safe-keeping of secret of ATM Card along with PIN and other Card details which lead to withdrawal of money by A.T.M. The Bank cannot be held liable for the said withdrawal. The OPs also mentioned that the Complainant lodged complaint with the Banking Ombudsman where the said authority disposed the same on 17.05.2017. The Complainant also lodged complaint with the local P.S. Accordingly, the OP has prayed for dismissal of this case in limini with exemplary cost.
In the result, the petition of complaint does not succeed.
Hence,
ordered
CC/245/2017 is dismissed on contest but without any cost.
