1. The brief facts of the case of the complainant are that he was maintaining a Savings Bank A/c No.30417028261 with the OP and was availed ATM facility. According to the complainant on 15.5.13 when he went to ATM to draw some money, he found that Rs.80, 000/- is missing from the said account. From the mini statement, the complainant could see that the said amount has been withdrawn from Bhopal/Indore (M.P) on 22.3.13 and 23.3.13. It is submitted that he reported the matter to Sadar PS, Koraput as well as the OP with request to enquire into the matter but the OP is not taking any action till date. Thus alleging deficiency in service on the part of the OP, he filed this case praying the Forum to direct the OP to refund Rs.80, 000/- and to pay Rs.15, 000/- towards compensation and cost to the complainant.
2. The OP filed counter denying the allegations of the complainant but admitted that the complainant is maintaining the SB A/c with them and the ATM card facility is given to the complainant for operating his accounts. It is contended that to operate ATM, a four digit secret number known as PIN has been allotted to the customer and he can change the said PIN at his choice and that number must not be disclosed to anybody. It is further contended that the complainant has not given the details of withdrawals through ATM but the OP after verifying the same has found that a sum of Rs.80, 000/- has been withdrawn by using correct password and the OP is not liable for such type of fraud as everything is operated through machine and the bank has no role to such fraud. Thus denying any cause of action or any fault on its part, the OP prayed to dismiss the case of the complainant.
3. The complainant has filed certain documents along with affidavit. The OP also filed affidavit in support of his case. Heard from the parties through their respective A/Rs and perused the materials available on record.
4. In this case, it is an admitted fact that the complainant is maintaining SB A/c No. 30417028261 with the OP and he was availing ATM facility to operate his accounts. According to the complainant, a sum of Rs.80, 000/- has been fraudulently withdrawn on 22.3.13 and 23.3.13 on 5 occasions from ATM Counter at Bhopal and Indore (M.P. State) by unknown miscreants when ATM Card and PIN used for operating card were in his personal custody and knowledge. The complainant submitted that on both the days of occurrence he was present on his duties. It is found that the complainant has intimated the said fact to the OP and local PS through the Commandant of 1st IR Bn., Kolab Nagar, Koraput and after verifying the matter the OP has ascertained that the above amount has been withdrawn by using correct PIN at Bhopal and Indore. From this fact it was ascertained that the complainant was on duty when such withdrawals took place. The contention of the OP is that the fraud occurred mainly due to negligence of the customer as everything is operated by machine.
5. Incidentally, we have come across C.C.No.57/2013 decided by this Forum on 04.10.13 against the same OP for same cause of action. In that case a sum of Rs.75, 000/- had been withdrawn fraudulently from the ATM machines at Bhopal & Indore on 22.3.13 & 23.3.13. In the present case in hand a sum of Rs.80, 000/- also has been withdrawn from the same place and on the same dates. In C.C.No.57/13, during proceeding the Forum directed the OP to furnish CCTV footage of relevant time when withdrawals have been taken place through ATM counter at Bhopal and Indore to take help of the complainant to identify the person involved in the withdrawals. The OP failed to furnish the CCTV footage. In the present case also, no CCTV footage has been filed by the OP. This being the situation, it is true that on 22.3.13 and 23.3.13 a sum ofRs.80, 000/- has been withdrawn fraudulently from the ATM of OP and due to want of CCTV footage of relevant ATM machines, it was not possible to identify the persons involved in such withdrawals.
6. To our knowledge, some other cases have been filed before this Forum alleging this type of fraudulent withdrawals of money from the accounts which were with the same OP and such withdrawals have been made from New Delhi, Bhopal and Indore and also other distant places. The OP stated that without ATM and PIN no money can be withdrawn from any ATM. If this is so, had all the customers including the present complainant gone to such distant places personally to withdraw their money? This is not at all possible and the OP is to prove by showing CCTV footage or by other mode that the said customers had withdrawn their money by going to those places or money has been withdrawn at their instance. Further the employer of the complainant has forwarded the complaint to the Police Station for lodging FIR and this aspect shows that during relevant time, the complainant was not on leave. This sort of negligence on the part of OP amounts to deficiency in service.
7. Due to such rising number of cases of fraudulent withdrawals of money from SBI accounts, it can be easily concluded that without ATM Card and PIN, withdrawals have been made fraudulently. It shows lack of security in keeping public money safely by the OP. Further involvement of some super brains behind these fraudulent withdrawals from the accounts of the customers can not be evaded. Hence the OP should be more vigilant about it and to take help of Intelligence Agencies to curb this menace, when the server and client machines of ATM are under the custody of SBI.
8. In the present case, it clearly goes to show the negligence of the OP in keeping money of the complainant for which the poor customer should not be put into loss, as the OP failed to prove that the money has been withdrawn by the complainant or at his instance. Hence the complainant is entitled for refund of his money with interest @ 6% p.a. from 23.3.2013. Further for such inaction of the OP, the complainant must have suffered some mental agony and also has filed this case incurring some expenditure for which he is entitled for some compensation and costs. Considering his sufferings, we feel a sum of Rs.2000 /- towards compensation and cost in his favor will meet the ends of justice.
9. Hence ordered that the complaint petition is allowed in part and the OP is directed to credit Rs.80, 000/- with interest @ 6% p.a. from 23.03.2013 to the SB accounts of the complainant and to pay Rs.2000 /- towards compensation to the complainant within 30 days from the date of communication of this order.
(to dict.)
