CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.936/2008
SH. SUMIT PAUL
P 4/a 6(JANTA FLAT),
DILSHAD GARDEN,
DELHI-110095
…………. COMPLAINANT
VS.
- THE MANAGER
CORPORATION BANK
F-14, DILSHAD COLONY,
DILSHAD GARDEN,
OLD SEEMAPURI ROAD,
DELHI-110095
- THE MANAGER
STATE BANK OF INDIA
NIZAMUDDIN WEST MARKET
NEW ELHI-110013
………….. RESPONDENTS
Date of Order:03.12.2015
O R D E R
A.S. Yadav – President
This complaint was filed on 17.12.2008 by Sh. Sumit Paul and at the time of filing of complaint, complainant was having SBI A/c No.10570008186 and SBI ATM Card No.6220 1809 1090 0053 315 with State Bank of India, Nizamuddin West Market, New Delhi(OP-2).
On 12.11.2008 at 06:26 PM, complainant used the above ATM card to withdraw Rs.8000/- from his above mentioned saving account but Corporation Bank ATM(OP-1) did not disburse the cash amount as no money came out from the ATM machine of OP-1 i.e. Corporation Bank but the amount of Rs.8020/- was debited from the saving account of complainant. Despite several personal visits by complainant to the officials of both the banks and written request dated 14.11.2008 and 01.12.2008 to SBI(OP-2) and letter dated 25.11.08 and 01.12.2008 to Corporation Bank, the said amount has not been credited into his account till date.
It is prayed that OP be directed to pay compensation for 52,000/- and also to pay Rs.8000/- which was not disbursed by ATM.
OP-1 in the reply took the plea that complainant is not a consumer of OP-1, he is a consumer of OP-2 having saving bank account in the said bank and has got an ATM card issued by the said bank hence there is no privity of contract between the complainant and OP-1 hence complaint against OP-1 is not maintainable and liable to be dismissed.
It is further stated that reportedly on 12.11.2008 complainant used his SBI ATM card to withdraw cash of Rs.8,000/- from ATM of Corporation Bank and ATM machine did not disburse the cash however his account with SBI was debited with Rs.8,000/-. Complainant approached to OP-1 for payment of Rs.8000/- debited to his account though cash was not disbursed by the ATM machine of OP-1. The complainant was apprised of the procedure for getting back his amount i.e. complainant had to approach SBI branch and submit his application and the same be forward by the SBI branch through their Nodal office to ATM Card Section of Corporation Bank at Bangalore and after investigation the amount would be refunded by the Card Section of OP-1 to the Nodal office to SBI and from there to the account of complainant. However complainant did not follow the procedure in this regard and file the complaint which is frivolous.
It is further stated that on 19.01.2009 OP-2 raised the claim on OP-1 vide dispute No.299. OP-1 after investigating the case has accepted the claim of OP-2 on 05.2.2009 (within the stipulated period of 30 days) and the money has been paid to OP-2 as per the procedure.
Complainant in rejoinder to the reply of OP-1 denied that complainant is not a consumer quo OP-1. It is stated that OP-1 being an authorized ATM service provider to SBI card holders had charged Rs.20/- hence the complaint against OP-1 is maintainable. The averments made in the reply are denied.
OP-2 in the reply has not disputed that complainant has used his ATM Card and the amount was not disbursed as no money came out from the ATM machine of OP-1. It is submitted that on 14.11.2008, complainant has made a complaint to OP-2 regarding non-payment of Rs.8000/- by the ATM of OP-1. Thereafter OP-1 immediately on 14.11.2008 sent a request to SBI, ATM Switch Centre, Belapur, Navi Mumbai-400614 which controls the ATMs all over India to look into it. Thereafter on 18.2.2009 an amount of Rs.8020/- was been sent by OP-1 to OP-2 and same was credited by OP-1 into the account of complainant hence there is no deficiency in service on the part of OP-2 as OP-2 has credited Rs.8020/- to the account of complainant as soon as the same is received by it from OP-1. It is prayed that the complaint be dismissed.
Rejoinder by complainant to the reply of OP-2 it is specifically stated that there has been a deficiency of service on the part of OP-2. The matter was immediately brought to the notice of OP-2 regarding non-disbursement of the amount. However OPs have taken about 100 days to credit the amount into the account of complainant.
We have heard complainant and gone through the WS of the OPs and carefully perused the record.
It is not in dispute that complainant used his ATM card on 12.11.2008 for withdrawing Rs.8,000/- form the ATM machine of OP-1howver the amount was not disbursed though the same was debited from his account. It is an admitted fact that a written complaint was duly received by OP-1 on 14.11.2008 wherein the complainant has specifically stated that he has already intimated on phone at 7.45 PM on 12.11.2008 to Mr. Nanda of SBI ATM Card helpline about the incident. A reminder was sent by the complainant to OP-1 on 01.12.2008. Complainant has written a letter in this regard to OP-1 on 25.11.2008 and on 01.12.2008. It is significant to note that ATM card was used at 06.26 pm however the amount was not disbursed by the ATM machine and this fact was brought to the notice of Mr. Nanda of SBI Card Helpline immediately at 7.45 pm on 12.11.2008 itself. Whatever was required at the end of the complainant was done by him. The complainant is not supposed to follow the procedure which has been detailed by OP-1 in their WS. The fact of the mater is that the complainant immediately brought to notice of the SBI and it was for the bank to ensure that the amount is credited into the account of complaint immediately but that was not done. The incident took place on 12.11.2008 and the amount was credited into the account of complainant on 05.02.2009 almost after 84 days. Complainant has placed on record the RBI guidelines regarding the reconciliation of transaction at ATM failure and these guidelines were circulated to all the banks vide letter dated 17.07.2009
It is submitted that as per these guidelines, “it is mandatory for the banks to reimburse the customers, the amount wrongfully debited on account of failed ATM transactions, within a maximum period of 12 working days from the date of receipt of the customer complaint. For any failure to re-credit the customers account within 12 working days from the date of receipt of the complaint, the bank shall pay compensation of Rs.100/- per day, to the aggrieved customer. This compensation shall be credited to customer’s account automatically without any claim form the customer, on the same day when the bank affords the credit for the failed ATM transactions”.
It is significant to note that at the time when the transaction took place, these guidelines of RBI were not in existence. These guidelines came into effect on 17.07.2009 which is after the amount was already credited into the account of complainant. But definitely there was deficiency in service on the part of OP-2.
Taking into consideration the facts and circumstances, complainant is entitled to interest @ 7% p.a. on Rs.8,000/- for 84 days for withholding the amount and also entitled for Rs.3,000/- as compensation and Rs.3,000/- as litigation expenses. Order is to be complied with by OP-2.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
