Shri B. Mukhopadhyay, President.   

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

            Complainant by filing this complaint has submitted that he is the holder of Savings Bank Account bearing No.1047662849 with State Bank of India of Mylapore Branch, Chennai (OP3) and 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 31-07-2010 complainant was in utter need of some money for which he went to ATM premises of the OPs at Triangular Park SBI ATM, Rashbehari Avenue, Kolkata at about 3:36 p.m. but at that time there was no security guard inside the ATM premises and there is no instruction for using ATM services issued by the OP before entering into ATM premises.

            When he entered into ATM room there was no Bank Representative or to guide the complainant and with whom he may lodge any complaint or grievance.

            Fact remains on that date complainant tried to withdraw some money from one of the two machines but it did not work so he then and there attempted to withdraw from second ATM and withdrew a sum of Rs.5,000/- and got the balance information slip i.e. mini statement and on receiving the same from that ATM machine he came to learn that on 31-07-2010 an amount of Rs.20,000/- was debited to the said account at 3:32 p.m. while his actual withdrawal amount is Rs.5,000/- at 3:34 p.m. and observing that he was perplexed and astonished and accordingly filed a written complaint on the OP3 on 13-08-2010 but before that on the same date lodged a complaint to CMS vide Token No.AT965361991to the service bank to SBI Triangular Park Branch, Kolkata seeking reversal of the said amount in his account and also filed a complaint at Gariahat P.S. on 13-08-2010 and to Jt. Commissioner of Police, Crime Branch, Kolkata dated 22-11-2010.  It is the case of the complainant further that he never withdraw Rs.20,000/- from that ATM on 31-07-2010 and fact remains Government mediating authority arranged a tripartite mediation on 17-02-2011 and 08-03-2011 but the OP did not appear and in the circumstances, the negligent and deficient manner of service rendered by the OP complainant has prayed for refund of Rs.20,000/- and compensation.

            Whereas by filing written statement OP submitted that practically ATM card and Pin code is within his custody no other person was there.  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 regarding ATM machine.  There is no allegation of defect of machine within the two and for such withdrawal practically complainant is responsible and probably he took help of some other person who managed to withdraw it may be and in this regard OP have no responsibility OPs rendered good service, machine gave proper service it is proved from the fact that admittedly he withdrew Rs.5,000/- but it is proved from the complainant’s own version that he used two machines properly but for the laches of the complainant somehow or otherwise Rs.20,000/- was withdrawn but complainant has suppressed it and in the circumstances, the complaint should be dismissed.

            It is further submitted that Bank has been helping police in the investigation in the instant case and it is also alleged that if complainant does not disclose his ATM card No. or Password in that case there was no chance of withdrew of money by third person.

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

Decision with Reasons

On thorough study of the complaint including the evidence in chief and the written version and particularly of the argument of the OP it is clear that complainant is no doubt a holder of Savings Bank Account being No.1047662849 by SBI Mylapore Branch, Chennai and he has his one ATM card which is being used buy him but he has not disclosed his ATM number in this case and it is admitted position that complainant personally went to the ATM room or premises of the SBI Triangular Park, Rashbehari Avenue and he has admitted in Para 10 of the complaint that there was two machines in the room at first he attempted one but it did not function and for which he attempted for withdrawal for Rs.5,000/- from 2^nd ATM and it was succeessful and after that when he got mini statement he found that just at about 3:32 p.m. Rs.20,000/- has been withdrawn but there is no allegation that ATM machines were defective and at the time of argument complainant submitted that first machine he operated by introducing ATM card and by pressing keys by answering his secrete Pin code.  Then it is proved that complainant operated the first machine and when he introduced ATM card for opening screen for process and then when he inserted the secret Pin code then invariably the operation was processed and somehow the complainant left from that machine and again operated 2^nd machine and get Rs.5,000/- and it is proved that in his presence Rs.20,000/- came and someone took it.  It is admitted by the complainant before this Forum when he asked.  So, it is proved that due to lack of patience of the complainant, complainant’s withdrawal Rs.20,000/- was grabbed by some other person what complainant himself saw but did not resist and it is also admitted by the complainant that some miscreant did it in his presence.

            Considering the argument of the complainant before this Forum and his frank confession and also considering the scientific process of withdrawal in case of operating the machine for withdrawal are taken into consideration in that case it can safely be said practically for the laches of the complainant for using two machines at a time without waiting for the signaling of process and the every information regarding process, ready for delivery etc. he opted to operate another machine when in the meantime two youthful boy were inside the ATM Room premises who 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 of the customer many customers 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 his activities for withdrawing money one after another stage after operating the ATM machine and fact remains at the time of operating the ATM machines all the customers are requested if there is any system 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 lost his patience and for lack of patience he lost Rs.20,000/- no doubt it is painful but for that reason OP cannot be penalized or OP cannot be accused of.  In the result, complaint fails.

Hence,

Ordered

That the complaint be and the same is dismissed on contest without any cost against the OPs