CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.50/2012
Sh. Ram Lal Kathuria Senior Citizen
R/o WZ-320, Gali No.07,
Sadh Nagar, Palam Colony,
New Delhi-110045 ……Complainant
Versus
1. S.B.I., Sansad Marg
Through its G.M.
New Delhi-110001
2. S.B.I.
Through its Manager
B/o Palam Colony,
New Delhi-110045 ……Opposite Parties
Date of Institution : 04.02.12 Date of Order : 23.11.15
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated the case of the Complainant is that he has an account No.10429880256 with OP No.2 alongwith saving bank account and ATM-cum-debit facility. As per statement of account on 25.10.2011 he had credit balance of Rs.45,848.52p. He withdrew Rs.10,000/- on 25.10.2011 at 06:15:05 hrs. and credit balance was Rs.35848.52p in his saving bank account. When he checked the balance on 01.11.11 he was shocked that he had balance of Rs.5848.52p only and someone had fraudulently withdrawn Rs.30,000/- through ATM, State Bank of India, Palam, New Delhi whereas he had carefully kept the ATM card as well as password PIN No. used for operating the card in his personal custody. It appears that his account was fraudulently manipulated with the connivance of someone in the OPs. He made a written complaint to the OPs as well as to the police but the OPs failed to resolve his grievance till date whereas as per circular dated 17.07.09 issued to all banks the RBI made it clear that bank has to reimburse within 12 days amount wrongfully debited on account of ATM fraud and pay Rs.100/- per day for every day’s delay. Hence, there was deficiency in service on the part of OP as they have arbitrarily debited Rs.30,000,/- from his account. The Complainant has prayed as under:-
- Direct the OPs to refund Rs.30,000/- which were arbitrarily debited from Complainant’s account on 25.10.2011 alongwith interest @ 12% till refund of the amount.
- Direct the OPs to pay the Complainant an amount of Rs.50,000/- as compensation, alongwith cost of Rs.15,000/- to the Complainant.
OPs in the written statement have stated that every ATM Card holder is given a specific Pin No. and the PIN No. is passed on to the Card holder in most secret manner. The ATM Card and relative PIN No. are never issued together but separately to maintain utmost secrecy and unless and until the holder of the ATM Card is aware of the PIN No., no amount can be withdrawn through the ATM. The Complainant’s case is not that he ever lost his ATM Card and PIN No. and he lodged any complaint with the OPs. He made a false complaint that on 25.10.2011 from the ATM having ID No.S10G006563006, a sum of Rs.30,000/- had been withdrawn through ATM Card No. 6220180656300089124 at 06.15 vide transaction No.1631 and the response code is “000”. Respond Code ‘000’ in respect of any transaction through ATM indicates that the transaction is successful as such the amount of Rs.30,000/- has been withdrawn from the ATM on 25.10.2011, through the ATM Card in possession of the Complainant. Unless and until the Complainant either himself withdraws the amount or hands over his card to anyone and discloses his PIN No., no amount can be withdrawn from the ATM. The statement issued by ATM Switch Centre (PTLF) which is also under Core Banking System (CBS) pertaining to the transactions through ATM Card No. 6220180656300089124 on 25.10.2011 clearly shows on that day, the sum of Rs.10,000/- was withdrawn at 06:15:05 through ATM having ID S10A0065630004 and sum of Rs.30,000/- was withdrawn at 6:15:43 through ATM having ID S1OG006563006. The time gap between the transaction was just 38 seconds. Both the ATMs infact are installed at the same chamber side by side outside SBI Branch at Palam Colony, New Delhi and time gap between two transactions was just enough to transact the banking business through the ATMs one after the other. The Cash Reconciliation Statement of ATM pertaining to the date 25.10.2011 also does not show any discrepancy in the status of cash. As per certificate dated 16.02.2012 issued by OP No.2, as per JP/EJ/LOG, the transaction No.1631 dated 25.10.2011 was successful as per the branch ATM Replenishment cum cash verification record, no excess cash was found on 25.10.2011. There is neither any deficiency in service on the part of OPs nor they are indulging into any unfair trade practice. OPs have prayed for dismissal of the complaint with exemplary costs.
Complainant has filed rejoinder to the written statement of OPs.
Complainant has filed his own affidavit in evidence while affidavit of Sh. Birbal Prasad, Branch Manager has been filed in evidence on behalf of the OPs.
Written arguments have been filed on behalf of the parties.
We have heard the arguments of the Complainant and have also gone through the file very carefully.
In the present case it stands proved that the Complainant had a saving bank account No.10429880256 with OP No.1 and also holding an ATM Debit Card of the said bank. The Complainant on 25.10.2011 withdrew an amount of Rs.10,000/- from SBI ATM at 6:15:05 hrs. and his balance was Rs.35848.52 after withdrawing the amount. The amount of Rs.30,000/- has also been withdrawn from the ATM on 25.10.2011 at 06:15:43 hrs. The gap between the two transactions was just 38 seconds. Both the ATM machines were installed in the same chamber side by side outside SBI Branch at Palam Colony, New Delhi. The Complainant has stated in his complaint that he had informed the OPs as well the police but no documentary proof was placed on the record. The OPs have submitted details of the ATM wherein an amount of Rs.30,000/- were withdrawn through the card No. 6220180656300089124 on 25.10.2011 (copy Ex. RW-1/1). The copy Ex. RW-1/2 relates to the statement of Core Banking System wherein the transaction in respect of Rs.10,000/- and Rs.30,000/- was shown on 25.10.2011 as successful. The OP submitted a Cash Reconciliation Statement of ATM S1OG006563006 dated 25.10.2011 (copy Ex. RW-1/3) where there no excess amount was found in the ATM at the time of cash replenishment.
Cash reconciliation statement of ATM and Core Banking System records show that successful transaction of Rs.30,000/- was just within a gap of 38 seconds. Hence, the Complainant has failed to prove any deficiency in service on the part of OPs. Accordingly, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 23.11.15.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
