DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC No. 392 of 09-12-2009<br /> Decided on : 12-05-2010 <br /> <br /> Rajesh Kumar Yadav S/o Sh. Shivmurti Singh R/o CISF Unit Line, NFL, Bathinda.<br /> .... Complainant<br /> Versus<br /> <br /> 1.State Bank of India Sibian, NFL Complex, Bathinda, through its Branch Manager.<br /> 2.State Bank of India, Zamania Branch, Gazipur (Uttar Pradesh) through its Branch Manager<br /> 3.State Bank of India, Central Office at Madam Cama Road, Nariman Point, Mumbai, through its M.D. <br /> ..... Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Ms. Vikramjit Kaur Soni, President<br /> Dr. Phulinder Preet, Member <br /> Sh. Amarjeet Paul, Member<br /> <br /> For the Complainant : Sh. Lalit Garg, counsel for the complainant <br /> For the Opposite parties : Sh. Naveen Goyal, counsel for <br /> opposite party No 1.<br /> Opposite party Nos. 2 & 3 exparte.<br /> <br /> O R D E R<br /> <br /> VIKRAMJIT KAUR SONI, PRESIDENT<br /> <br /> 1. In brief the case of the complainant is that he is holder of saving bank account No. 11430284388 with opposite party No. 1 and having ATM Card bearing No. SIAC00780801 under the said account. He visited Gazipur on 31-07-2009 and used his ATM for withdrawl of Rs. 5,000/- from opposite party No. 2 but no amount was received. However, Rs. 20,000/- were debited in his account. The complainant gave intimation of this transaction to opposite party No. 2. He also complained to opposite party No. 1 at Bathinda for the credit of above said amount of Rs. 20,000/- which has been illegally debited from his saving account, vide his request No. 2970505 dated 05-08-2009 who further wrote letter/reminder dated 01-10-2009 to opposite party No. 2.<br /> 2. Opposite party No. 1 in its written version pleaded that complainant himself withdrawn Rs. 20,000/- on 31-07-2009 at 18.00 hrs vide ATM ID No. SIAC00780801,Card No. 6220180359100019983 TXN No. 2882 which is clear from JP Log attached with the complaint. Thorough investigation was done and it was found that that complainant himself has withdrawn above said amount of Rs. 20,000/- from his account.<br /> 3. Opposite party Nos. 2 & 3 failed to appear before this Forum despite service of notice by registered post. Therefore, exparte proceedings were taken against them.<br /> 4. Parties have led evidence besides filing affidavits in support of their respective pleadings.<br /> 5. We have heard the learned counsel for the complainant and opposite party No. 1 and also gone through the record. <br /> 6. Photostat copy of ATM transactions produced by the complainant himself before this Forum, Ex. C-2 & Ex. C-3 are reproduced here under :-<br /> Ex. C-2<br /> “DATE TIME ATM ID <br /> 07/31/09 18:00 SIAC00780801<br /> CARD : 6220180359100019983<br /> WELCOME TO SBI CASH<br /> TXN. NO. 2882<br /> RESPONSE CODE 000<br /> WITHDRAWAL RS. 20000.00<br /> FROM AC 00000011430284388<br /> AVAIL BAL RS. 267.00”<br /> <br /> Ex. C-3 <br /> <br /> “DATE TIME ATM ID<br /> 07/31/09 18:01 SIAC00780801<br /> CARD : 6220180359100019983<br /> WELCOME TO SBI CASH<br /> TXN NO. 2883<br /> RESPONSE CODE 094<br /> SAVINGS<br /> SORRY UNABLE TO PROCESS<br /> INCONVENIENCE IS REGRETTED. KINDLY<br /> CONTACT YOUR BRANCH OR CALL 24 X 7<br /> HELPLINE AT 1800112211 OR 080-26599990<br /> 645C216B”<br /> <br /> 7. The complainant withdrawn an amount of Rs. 20,000/-. First entry dated 31-07-2009 at 18.00 hrs shows response code “000” meaning thereby “Transaction is successful” whereas second entry on the same day at 18.01 hrs shows response code “94” meaning thereby “Insufficient funds” as per definition of code given in ATM Error Codes – Quick Reference Annexure -1. The complainant used his ATM and withdrawn Rs.20,000/- on 31-07-2009 at 18.00 hrs, and thereafter the available balance was Rs. 267/-. When he again used his ATM Card just after one second i.e. 18.01 hrs for withdrawl of Rs. 5,000/-, due to insufficient funds in his account, ATM machine responded unable to process and displayed code “094” which means “Insufficient funds”. Not only this, Ex. C-3 also shows that ATM machine responded unable to process which clearly depicts that there was no sufficient funds in the account of the complainant i.e. why ATM card was unable to bring out Rs. 5,000/-.<br /> 8. Further photostat copy the pass book produced before this Forum by the complainant himself in his evidence proves that on 31-07-2009, an amount of Rs. 20,000/- was deposited in his account being salary and on the same day Rs. 20,000/- was withdrawn through ATM leaving behind Rs. 267/-.<br /> 9. Thus, from the discussion, it can be concluded that complainant himself withdrawn Rs. 20,000/- from his account through ATM card at Gazipur (U.P) and again used his ATM card for withdrawl of Rs. 5,000/- but transaction was denied by ATM machine due to insufficient funds. Hence, the complainant has failed to prove deficiency in service on the part of the opposite parties. Therefore, this complaint is hereby dismissed with no order as to costs. <br /> A copy of this order be sent to the parties concerned free of cost and the file be consigned to record.<br /> Pronounced :<br /> 12-05-2010 (Vikramjit Kaur Soni)<br /> President<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member <br /> <br /> (Amarjeet Paul)<br /> *ik Member <br />