Order No.                 .

Shri A.K. Chanda, Member.   

This is an application u/s.12 of the C.P. Act, 1986.

            Complainant by filing her complaint has submitted that she is the holder of Savings Account No.30079606187 with the State Bank of India of Purba Putiary Branch, Khudghat (OP2) and the complainant has a valid ATM Card issued by the OP and OP collects a certain amount every year towards servicing charge for ATM from SBI Account    of the complainant.

            That on 04-06-2010, complainant was in utter need of some money for which she went to ATM premises of the OPs at CR Avenue. Bowbazar crossing ATM Counter and inserted her card, entered also the PIN, pressed her buttom, but it did not function and ultimately the machine was found hung.  So, she went to another ATM at B.B. Ganguly-Phiringee Kalibari to withdraw money from Second ATM  counter at about 3:10 p.m. and withdrew the money and got the balance information i.e. mini statement and on receiving the same from that ATM machine, she came to know/sterned that an amount of the Rs.10,000/- was debited her said account.  Being perplexed and astonished she filed written complaint to the OP2 on 05-06-2010.  Further she also lodged complaint before the O.C. Bowbazar, P.S. Kolkata-12 on 08-07-2010 for redressal of her grievance.

            It is the case of the complainant further that she never withdraw money i.e. Rs.10,000/- from that ATM on 04-06-2010 and fact remains Government Mediating Authority arranged a tripartite mediation meeting on 29-10-2010 therein OP/Bank appeared and made submission that the transaction was “successful one” and so they won’t be responsible, but while the OP/Banks were asked to submit the Video Footage for ascertainment of the perpetrator of the alleged transaction and the receiver of the money of Rs.10,000/-, they did neither submit the same nor lodged complaint the matter before the Police Deptt. for retrieving the truth.  It is further stated also that the OP/Bank did not make arrangement for safety and security of the ATM Booths and now the OP/Bank are trying to wash their hands and shake off their responsibility by passing the matter on flimsy grounds which is gross violation  of the act of OP Authority and in the circumstances for the negligent and deficient manner of service rendered by the OP/Bank, thus complainant has prayed for refund of Rs.10,000/- and compensation.

            Whereas by filing written statement OP/Bank submitted that practically ATM Card and Pin Code is within her custody and no one person has/had access to that.  She operated the machine and invariably used ATM Card and password Pin /Code for which it was withdrawn and in this regard Bank has no fault and there is no deficiency in regard to safety of the ATM Machine.  In its submission, the OP stated that the complainant did not report the alleged withdrawal of money i.e. Rs.10,000/- before the Police Authority on that date of withdrawal on 04-06-2010 instead lodged the complaint on 08-06-2010 i.e. after 4(four) days of occurrences.  It is alleged by the OP/Bank that the petitioner did not use the ATM Card by adopting a proper method to get the quick service for withdrawal of money, by using the ATM Card but problems is often faced by ATM Card holder who do not properly use the ATM Card and thus for such occurrences the OP/Bank are not responsible of the complainant.  It is proved from the complainant’s own version that she used two machines to withdraw money and for the laches of the complainant somehow or otherwise Rs.10,000/- was withdrawn but complainant has suppressed it and in the circumstances, the complaint should be dismissed.

            In the circumstances, OP has prayed for dismissal of the case.

Decision with Reasons

On thorough study of the complaint including the evidence in chief and the written version of the OP, it is clear that the complainant is no doubt a fact that complainant is a holder of Savings Bank Account being No.30079606187 by SBI, Purba Putiary Branch, Khudghat and she has one ATM Card which is being used by her but she has not disclosed her ATM number in this case and it is admitted position that the complainant personally went to the ATM Counter, C.R. Avenue, Bowbazar crossing, beside Central Metro stating that at first she attempted one ATM but it did not function and for which she attempted the 2^nd ATM machine at B.B. Ganguly – Phiringhee Kali Bari to withdraw some money and it was successful and afteR that when she got the mini statement, she found that Rs.10,000/- was withdrawn but there was no allegation that ATM Machines were defective and at the time of argument, complainant submitted that first machine which she operated by introducing ATM Card and by pressing keys after answering her secret Pin Code, invariably the operation was processed and somehow the complainant left that machine and again operated 2^nd machine and it is proved that during the gap of that time the withdrawal of Rs.10,000/- was took place by someone.  So, it is proved that due to lack of patience/ignorance of the complainant, complainant’s withdrawal of Rs.10,000/- was grabbed by some other person.

            Considering the argument of the complainant and her frank confession and also considering the specific process of withdrawal in case of operating the machine for withdrawal it can safety be said practically for the laches of the complainant for using two machines at a time without waiting for the signaling process and the very information regarding the process to make it ready for delivery etc. and without cancelling she opted to operate another machine when in the meantime someone took away the money and considering the above fact we are convinced to hold that there was no laches on the part of the ATM Machine or the OPs.

            Whatever it may be, we have gathered after handling so many cases that for lack of patience/knowledge of the customer, many consumers are being deprived to get withdrawal amount even after using ATM card and inserting Pin Code.  So, it is our instruction to all customers to be more cautious, accordingly, at the time of operating ATM Machine and before that a customer must have to learn what would be found in the screen and what shall be her course of activities for withdrawing money one after another stage while operating the ATM machine and fact remains, at the time of operating the ATM Machines all the customers are requested to see if there is any system deficiency he/she must have to push cancel button positively and to see that again the fresh screen is found or not and, in fact, in this case the present complainant lost her patience and for lack of patience/knowledge how to handle the ATM machine and thus, she lost Rs.10,000/-, no doubt it is painful but for that reason OP cannot be penalized or OP cannot be accused of.  In the result, the complaint fails.

Hence,

Ordered

That the compliant be and the same is dismissed without any cost against the OPs.