Complainant by filing this complainant has submitted that complainant availed of the services of op to withdraw an amount of Rs.200/- from the Chunbhatti SBI ATM but the cash was unable to dispense and so the complainant could not complete his transaction and fact remains complainant holds a saving account in the ops Bank having A/C No.30985378308 and complainant was shocked to see after collecting the account statement that a sum of Rs.20,000/- has been withdrawn from his account though he never withdrew it and never used ATM card for withdrawing the same.  So the complainant filed a complaint to the op to enquire about the matter to resolve.  But after a series of continuous and tiring efforts of the complainant, op did not dispose of it and practically refuted the allegation of the complainant and did not refund the said amount of Rs.20,000/- and as such the present complaint is filed for redressal.

          On the other hand op by filing written version submitted that no doubt the complaint is consumer in respect of the said account of SBI Chunbhatti Branch having debit card being No.6220181242400005499 and fact remains after receiving the complaint from the complainant Bank made enquiry and came to know that on 02.09.2012 at about 18:52:13 hours a sum of Rs.20,000/- was withdrawn through the ATM Card of the complainant and accordingly informed the complaint and this is also mentioned that transaction was successful and it was possible on the ground within the knowledge of the complainant pin code was there and ATM Card was in his custody.  But no other defect or deficiency on the part of the op is proved for which the complaint should be dismissed.

Decision with reasons

          On careful consideration of the entire fact and circumstances and also after considering the material allegations of the complainant, it is proved that complainant on the very date went to withdraw the amount and used the said ATM Card.  But in the complaint complainant has not stated on which date he went to the ATM Centre of Chunbhatti SBI ATM for withdrawal of the amount.  But undisputed fact is that he withdrew the amount but he has stated that he withdrew Rs.200/- and transaction was not successful.  But such sort of allegation of the complainant has been properly enquired by the op and op found that at ATM ID No.S10B000091026 he used the card in the ATM machine and received Rs.20,000/- at about 18:52:13 hours on 02.09.2012 and it is fact that the ATM Card was in the custody of the complainant and secret Pin Code also within the knowledge of the complainant.  Then it is the duty of the complainant to prove how the said transaction was successful without using the ATM Card and secret code.  But fact remains that complainant has failed to substantiate the allegation on the contrary after considering ATM Switch centers print out it is found that complainant withdrew Rs.20,000/- on 02.09.2012 by using ATM Card.

          But no doubt the complainant has failed to give any satisfactory explanation that to that effect that either his card was lost or someone knew his card number.  But nothing has been stated and at the same time complainant has not stated there are how many family members in his house and what is their status and age and that has not been stated and fact remains in so many cases the sons and daughters who are college going or high level school going students sometimes using the ATM Card of their parent back behind their knowledge after collecting the secret pin code and thereafter they are placing the card at the place wherefrom he or she has removed and all such sort of transactions are being made by the sons and daughters  (high school going or college going students) back behind the knowledge of their parents and thereafter the parents are found after updated pass book some amount was withdrawn but such sort of transactions were made by their  sons or daughters back behind the knowledge of the parents.  But the parents are claiming that some are disputed withdrawal but that is not the fact and anyway in the complaint, complainant has said that his sons/wife/daughters never used or they were not aware of that.  So considering all the facts we are convinced to hold that ultimately complainant wanted to withdraw the amount of Rs.200/- or whatever it may be but he placed the ATM Card and thereafter placed and inserted the secret pin code number and thereafter transaction was successful.  Might be for some reason or otherwise he was not present.  But invariably he inserted the ATM Card and also the pin code for which the transaction was successful and when the safety keys were in the custody of the complainant then it is the duty of the complainant to explain how the safety keys (ATM Card and Secret Pin Code) were handed over to some other persons or went to the knowledge of other.  But anyhow the complainant has failed to prove that for which under any circumstances, the complainant has failed to prove any deficiency and negligent manner of service on the part of the op and there is no allegation about the defect of the ATM machine though ATM machine was quite okay and there is no such other clue to come to a conclusion that his ATM Card was manipulated when by manipulated ATM Card only without secret code no money can be withdrawn and fact remains it is not the case of the complainant.

          In view of the above we are inclined to hold that the complainant has failed to search any deficiency or negligent manner on the part of the op Bank or any defect of the ATM Machine and for which the transaction was found successful and for which the complainant is liable to be dismissed. 

          Hence, it is

ORDERED

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