IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 30th day of October, 2015
Filed on 31.10.2012
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine.D. (Member)
in
C.C.No.369/2012
between
Complainant:- Opposite Parties:-
Sri. B. Krishnakumar 1. State Bank of India
Kalathil Veedu Edathua ADB (3034)
Near Kalathil Bridge Alappuzha Dt. – 589 573
P.O. Karumady Represented by its Branch Manager
Alappuzha – 688 564
2. The Regional Manager
State Bank of India
Regional Office, Alappuzha
(By Adv. C. Parameswaran – for
Opposite parties 1 and 2)
3. State Bank of Travancore
Ambalappuzha Branch
Alappuzha District
Represented by its Branch Manager
4. The Regional Manager, State Bank
of Travancore, Regional Office
Oppo. of S.D. College
Kalarcode, Alappuzha
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant is an account holder of the first opposite party bank. On 3.9.2010 complainant has got a letter from the first opposite party stating that he had withdrawn an amount of Rs.10,000/- from the ATM of the third opposite party at Alappuzha on 22.6.2010, but on 22.6.2010 the complainant has only Rs.5,494/- in his account and he was asked to appear before the first opposite party for regularizing the account. No transaction was done by the complainant on 22.6.2010 in ATM of the third opposite party. Hence he made complaint before the first opposite party, but there was no result. Alleging deficiency in service on the part of the opposite parties, the complaint is filed.
2. The version of the opposite parties 1 and 2 is as follows:-
Complainant is an account holder of the first opposite party bank and is provided with an ATM card for enabling the withdrawal of the cash from the account. The complainant was frequently using the ATM for withdrawal and has on the day in issue, ie. on 17.6.2010, withdrawn an amount of Rs.10,000/- through SBT ATM, at Ambalappuzha. In case of withdrawal, once the amount is disbursed the confirmation in this regard will be sent by the ATM as per the route mentioned within a specified time and the account of the customer would be debited. In the instant case, the withdrawals of Rs.10,000/- from the ATM on 17.6.2010, the confirmation of the disbursement of the currency notes was not communicated by the machine to the SWITCH (Central processing unit) and as the Banc slink did not receive any response from the SWITCH within the stipulated time, the relevant entry pertaining to the withdrawal of the said Rs.10,000/- was reversed in the system, despite the fact that the said amount of Rs.10,000/- was actually withdrawn by the complainant. Accordingly the first opposite party has debited the complainant’s account with Rs.10,000/- on 24.11.2010 and credited to the first opposite party’s office account No.98581 under proper advice. The successful withdrawal of Rs.10,000/- from the complainant’s account is confirmed as per the ATM account of the first opposite party bank. There is no deficiency in service deficiency in service on the part of the opposite parties.
3. The complainant was examined as PW1. The documents produced were marked as Exts.A1 to A4. The first opposite party was examined as RW1. Copy of the cash register pertaining to ATM of SBI at Ambalappuzha for the period from 03.06.2010 to 16.07.2010 marked as Ext. C1.
4. The points came up for considerations are:-
- Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to get relief and cost?
5. According to the complainant he has got a letter dated 3.9.2010 issued by the first opposite party stating that he has withdrawn an amount of Rs.10,000/- on 22.6.2010 from the third opposite party and was asked to appear before the first opposite party for regularizing account. Ext.A6 evidenced the same. On getting the said letter complainant gave a written intimation that he has not received the said amount. According to the complainant the remaining balance amount in his account as on 22.6.2010 is Rs.5,494/-. In order to substantiate this allegation complainant has produced his passbook much marked as Ext.A1. On perusing the Ext.A1 it is seen that there was no transaction taken place on 17.6.2010 as stated in Ext.A6. When the complainant made a complaint before the opposite party he has got another letter dated 10.9.2012 issued by the first opposite party stating that, “On perusing your ATM transactions from 10.6.2010 to 30.11.2010 it has been convinced that on 17.6.2010 at 11.00.53 AM, you have withdrawn Rs.10,000/- through SBT ATM at Ambalappuzha, (ATM ID No.SISN7008204).” Ext.A4 is the said letter dated 10.9.2012. According to the opposite party the complainant had withdraw Rs.10,000/- on 17.6.2010 through SBT ATM at Ambalappuzha. But, the confirmation of the disbursement currency notes was not connected by the machine to the Switch and as the banks-link did not receive any response from the Switch within the stipulated time the relevant entry was reversed in the system. Opposite party further stated in the version that the Switch later debited the said amount from the first opposite party’s office account No.98581 on 22.6.2010 and system mentioned the complainant’s account and transaction date as 17.6.2010. Hence they debited Rs.10,000/- from the complainant’s account on 24.11.2010.
6. It is an admitted fact that opposite party debited the amount of Rs.10,000/- from the complainant’s account on 24.11.2010. According to the complainant he had not withdrawn an amount of Rs.10,000/- on 17.6.2010 as alleged by the opposite party. It is pertinent to note that the opposite party had informed the complainant about the alleged withdrawal only on 3.9.2010 as per Ext.A6 letter. The reason for the long delay in informing the alleged transaction to the complainant is not stated anywhere. More over while cross examining the complainant, he categorically stated that he has not withdrawn an amount of Rs.10,000/- on 17.6.2010. Ext.A1 passbook also shows that he has not withdrawn any amount on 17.6.2010. If the complainant had withdrawn Rs.10,000/- on 17.6.2010 as confirmed by the opposite party, what prevented the opposite party from producing the CCTV footage in order to prove that he had withdrawn Rs.10,000/- on 17.6.2010. The opposite party bank ought to have make available a copy of the CCTV footage to the complainant. Relying the decision report in 2015 Volume 3 page No.136 of Hon’ble National Commission, the opposite party was deficient in rendering services to the complainant by not making available a copy of the CCTV footage to the complainant. In the absence of such evidence, the opposite party is precluded from stating that the complainant had withdrawn an amount of Rs.10,000/- on 17.6.2010 at 11 a.m.
In the result, complaint is allowed. The opposite parties 1 and 2 are directed to refund an amount of Rs.10000/- (Rupees ten thousand only) to the complainant along with interest @ of 8% per annum from 24.11.2010 till realization. The opposite parties 1 and 2 further directed to pay Rs.3,000/- (Rupees three thousand only) towards compensation and Rs.1000/- (Rupees two thousand only) towards costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and
pronounced in open Forum on this the 30th day of October, 2015.
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt.Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Krishnakumar (Witness)
Ext.A1 - Original Passbook
Ext.A2 - Statement of a/c No.10435850121
Ext.A3 - Letter dated 21.8.2012
Ext.A4 - Letter dated 10.9.2012
Ext.A5 - Letter dated 13.8.2012
Ext.A6 - Letter dated 3.9.2010
Evidence of the opposite parties:-
RW1 - K. Sasikumar (Witness)
RW2 - P. Rajagopala Panicker (Witness)
Ext.B1 - Letter dated 21.8.2012
Ext.B2 - True copy of the statement of A/c No.98581030342
Ext.B3 - True copy of the statement of ATM
Ext.B4 - Original Statement of ATM
Ext.C1 - Copy of the cash register pertaining to ATM of SBI at Ambalappuzha
For the period from 03.06.2010 to 16.07.2010
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
