Order No.                 .

Shri A. K. Chanda, Member

The subject matrix of the instant case is that the complainant opened a Savings Account at S.B.I., Civic Center Branch at Manicktala area along with other staff members of his A.M.O. office, ESI (W.B.) Scheme, Govt. of W.B. with A/c No.-20101665178 during the month of September, 2011.

            It is stated by the complainant that on 09/12/2011 at about 01-25 PM he went to the ATM Counter of SBI, Personal Banking Branch located at the same building adjacent to the MCC Branch f SBI and withdrawn Rs.3,000/-. It is also stated by the complainant since he was not acquainted with the system and so he took the help of somebody else to withdraw the money and after that while he came out of the ATM counter and went to MCC branch to update the pass book, then he came to know that an amount of Rs.20,000/- has already been withdrawn in addition to Rs.3,000/- at about 01-31 PM. He immediately met with the branch manager of SBI, MCC Branch i.e. O.P. who informed him to lodge a complaint to the police. Accordingly, the complainant made  general diary at Manicktala P.S.  It is also further stated that on receiving the complaint the police authority made an enquiry of the matter from the branch of SBI and was informed that the video camera of inside the ATM was not functioning. Thereafter, the complainant also took up the matter with the Consumer Affairs Department, W.B., who initiated to settle the dispute, but ultimately the O.Ps. were reluctant to solve the dispute through the process of mediation.

            It is the specific case of the complainant that he never withdrew Rs.20,000/- from the ATM on 09/12/2011 but fact remains Government mediating authority arranged a tripartite mediation on 03/04/2012 and on 26/04/2012, but the O.Ps. did not appear and in the circumstances, for such negligent and deficient manner of service rendered by the O.Ps., complainant has prayed for refund of Rs.20,000/- and compensation also.

            Whereas by filing W.V.    the O.Ps. submitted that practically ATM Card with PIN Code is within his custody and no other person has/had access to that ATM. He operated the machine and invariably used ATM Card and password PIN code for which it was withdrawn and in this regard Bank has no fault and there is no deficiency in regard to safety for the ATM machine. There is no allegation of defect of machine within the two withdrawals and for such withdrawal practically complainant is responsible and probably he took help of someone who managed to withdraw the money and in this regard O.P. have no responsibility about the transaction as alleged by the complainant.

            The main contention of the O.P./Bank is that it is proved from the fact as stated by the complainant that he was not acquainted with the system and he took help of some unknown person and handed over his ATM Card and PIN number to the said person while withdrawing Rs.3,000/-. From the said fact it became clear that the case is not a consumer dispute case but it is a criminal case since the unknown person might have operated the transaction and withdrawn Rs.20,000/-, which arises out of fraud and as such this Ld. Forum has no jurisdiction to entertain this case.

            In the circumstances, O.P. has prayed for dismissal of the case with cost.

Decision with reason

On thorough study of the complaint including evidence in chief and the written version and particularly the argument of the O.P. it is no doubt a fact that complainant is a holder of savings bank A/c being No. 20101665178 by SBI, Manicktala Civic Center branch at Kankurgachi having his one ATM Card which is being used by him and it is admitted position that complainant personally went to the ATM counter of SBI personal banking branch  and withdraw money of Rs.3,000/- with the help of some unknown person since he is not acquainted with the system but when he came out from the ATM kiosk and went to MCC branch to update the pass book he was shocked to see that an amount of Rs.20,000/-has already been withdrawn  in addition to Rs.3,000/- at 01-31 PM on that day.

            So, it is proved that due to lack of knowledge regarding handling of the ATM System complainant’s withdrawal of Rs.20,000/- was grabbed by some other person only due to his own fault.

            Considering the argument of the complainant and his frank confession and also considering the scientific process of withdrawal in case of operating the machine for such withdrawal it can safely be said, practically for the laches of the complainant for taking assistance of unknown person regarding the operation of withdrawal of money from the ATM is the cause for alleged withdrawal of Rs.20,000/- by someone else for which there was no laches on the part of the O.P. Bank.

            Whatever it may be, we have gathered after handling so many cases that for lack of knowledge / patience of the customers 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 customer 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 its activities, for withdrawing money one after another stage after operating the ATM machine and fact remains at the time of operating ATM machines all the customers are requested if there is any deficiency, he 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 due to lack of knowledge during handling of ATM machine while he took assistance of unknown person and withdrew Rs.3,000/- but lost Rs.20,000/- for his simplicity and for not realizing so called help of those unknown boys.

            No doubt it is painful but for that reason the O.Ps. cannot be penalized or O.Ps. cannot be accused of.

            In the result, the complaint fails.

Hence,

Ordered

That the complaint be and the same is dismissed on contest without any cost against the O.Ps.