CC Filed on 15.06.2009<br /> Disposed on 28.06.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 28th day of June 2010<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 43/2009<br /> <br /> Between:<br /> <br /> <br /> Sri. V. Venkateshan,<br /> S/o. Late Venkataramaiah,<br /> 1st Main Road, <br /> Gulpet,<br /> Venkataramaiah Compound,<br /> Kolar. <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> State Bank of Mysore,<br /> Kolar Branch,<br /> P.B. No.3, Gowripet,<br /> Sparks Road,<br /> Kolar – 563 101.<br /> Karnataka.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Party<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to pay Rs.20,000/- with costs and interest.<br /> <br /> 2. The complaint is filed in person by the complainant who is a retired employee. From the contents of complaint and the documents filed by him the case of complainant may be stated as follows: That the complainant is a S.B. Account Holder of State Bank of India, Kolar Branch with S.B. Account No. 10724407339. He was issued an ATM card to facilitate withdrawal of amount from his S.B. account.<br /> <br /> 3. The complainant had deposited his P.F. amount in the said S.B. account. He was ailing from diabetes and B.P. The complainant used to draw the amount through ATM card as per his requirements. <br /> <br /> 4. It is alleged that on 10.05.2009 the complainant withdrew Rs.2,000/- through ATM No.1 installed by OP in its business premises. On 16.05.2008 the complainant went to same ATM and checked his balance to ascertain whether his pension amount was credited to his S.B. account. Then he found that there was a wrong debit entry on 10.05.2009 for Rs.20,000/- in his S.B. account showing that the said amount was withdrawn through ATM. The complainant gave written complaint to OP on 18.05.2009. He also gave another complaint on the same day to SBI Kolar where his S.B. account is maintained. <br /> <br /> 5. SBI Kolar by letter dated 08.06.2009 asked the OP to look into the complaint of complainant regarding debit entry for Rs.20,000/- dated 10.05.2009. The OP on the same day replied to SBI Kolar that the disputed ATM transaction for Rs.20,000/- was a successful transaction which has been evidenced by the journal print. It appears OP also sent a copy of relevant journal print to SBI Kolar with a request to advice the complainant accordingly. It appears the SBI intimated the said fact to complainant. Thereafter the complainant filed the present complaint on 15.06.2009. He also alleged in his complaint that OP has not yet issued the copy of video graph maintained in ATM cabin, though he requested for it. <br /> <br /> 6. OP filed version denying the allegations made against it. In the affidavit filed by way of evidence on behalf of OP it is further stated that the two withdrawals for Rs.2,000/- and Rs.20,000/- through ATM were successful transactions. It is contended that in respect of disputed debit entry of Rs.20,000/- ATM journal print log reflected response code “000” which means that the transaction was successful. It is also contended that the transaction in the journal print log reflects the card no. of the customer which means the transaction had taken place using the ATM card. It is contended that the complainant was duty bound to maintain the secrecy of the ATM PIN number and safe custody of ATM card. Therefore the OP contended that it has no liability to reimburse the amount. <br /> <br /> 7. During the pendency of the case letter dated 25.02.2010 was addressed to SBI Kolar intimating the pendency of present case before Consumer Forum and asking the SBI Kolar to inform the progress if any in respect of the complaint addressed by complainant regarding the alleged wrong entry of Rs.20,000/-. In response to that letter SBI Kolar intimated that the matter was escalated to ATM Switch Centre, Mumbai and that the amount has been credited to the suspense account by ATM Switch Centre, Mumbai on 19.02.2010. Thereafter by letter dated 10.03.2010 we intimated SBI Kolar to credit Rs.20,000/- to the S.B. account of complainant immediately pending final decision on payment of interest and costs. <br /> <br /> 8. In view of the subsequent development in the case, the question for consideration is who should bear the interest on the wrongfully debited amount and costs of the proceedings. <br /> <br /> 9. After considering the facts of the case, we think the interest is to be borne by account holder branch namely SBI Kolar branch and the costs of the proceeding is to be borne by OP. Considering the facts of the case, the costs of the proceedings may be fixed at Rs.1,000/-. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP (SBM,<br /> Kolar Branch) shall pay costs of Rs.1,000/- to complainant and SBI, Kolar Branch shall credit the interest that may become due on Rs.20,000/- to the S.B. account of complainant from 10.05.2009 to the date of credit of the said amount at the rate prevailing for S.B. Account during relevant period. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 28th day of June 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />