DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT
CC- 277/2017
Date of Filing: Date of Admission:- Date of Disposal:
25.05.2017 29.05.2017 10.02.2020
Complainant :- 1. MADHUSUDAN DAS
Vill -Arsulla
P.O. and P.S. - Baduria
Dist. - North 24 Parganas
Pin - 743401.
Permanent Address :
Vill – Pallishree
P.O. - Sodepur
Pin -700110.
=Vs=
Opposite Parties :- 1. THE BRANCH MANAGER OF SBI
H.B. Town Branch (Sodepur)
Barasat Road, P.O. - Sodepur
North 24 Parganas, Kolkata-700110.
2. THE BRANCH MANAGER OF SBI
Basirhat Main Branch
P.O. – Basirhat, Pin - 743411.
3. THE GENERAL MANAGER OF SBI
Local Head Office, Samriddhi Bhawan
1 No. Strand Road, Kolkata-700001.
………… Opposite Parties
4. The Officer-in-Charge of
Baduria Police Station
P.O.- Baduria, Pin - 743401.
………… Proforma Opposite Party
P R E S E N T :- Sri Karna Prasad Burman………..……………………...President
:- Smt. Monisha Shaw …………………………………….….Member
Judgment
This complaint is filed by the Complainant u/s 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to redress their grievance till filing of this complaint.
Contd……P/2
: 2 :
CC-277/2017
The brief fact of the complaint is that the Complainant Mr. Madhusudan Das is a pension holder and has an account under SBI, H.B. Town Branch (Sodepur), Barasat Road, P.O.-Sodepur, North 24 Parganas, Kolkata-700110, vide SB a/c no.30379866544 and an ATM card no.6220180765400087449 issued in favour of the Complainant. On 04.03.2017 at about 9.50 a.m. the Complainant went to the ATM (Automated Teller Machine) booth which was situated at Baduira Chowmatha under SBI, Basirhat Branch to withdraw money of Rs.10,000/- but the money did not come out from the Machine. Thereafter the Complainant used another ATM Machine for withdrawing Rs.10,000/- and he got Rs.10,000/- but printed slip did not come out.
Accordingly to the Complainant’s version there was a person who was present behind him in the booth premises when he was operating his ATM Card and he might be identified by him in future through CC TV footage if it is shown to him.
The Complainant stated that after sometimes he received SMS through the phone no.9433382262 that withdrawal of Rs.10,000/-, 2nd SMS about better security and 3rd SMS withdrawal Rs.16,000/- from same account, on same date at 10.00.27 a.m. The Complainant’s grievance is that he has not withdrawn Rs.16,000/- from his account through ATM on same date. The Complainant also mentioned that Rs.16,000/- was withdrawn from his account of SBI, HB Town, Sodepur Branch in connivance with the miscreant(s) and the official Security staff of the ATM section. Thereafter the Complainant updated his passbook and found that Rs.10,000/- and Rs.16,000/- was debited from his account through ATM Cash 758 SBI Baduria Chowmatha Bad and ATM Cash 6473 Baduria Road, Vill: Nor. Respectively. The Complainant immediately informed this matters to the SBI Customer care and also informed the matter to the OP No.1, 2 and 4 by writing all the above facts and demanded to produce CC TV footage but they did not pay heed to it. The Complainant also sent another letter to the General Manager of SBI, Local Head Office, Kolkata (OP No.3) stating all the facts and requested to show CC TV footage but the OP No.3 did not take any action.
The Complainant further stated that the SBI Authority (OP Nos.1,2 and3) and Baduria P.S. flatly refused to enquire into the matter and also drove away the Complainant from their office. As a result having been constraint the Complainant took legal recourse by filing this case and prayed for -
- Direction upon the OP Nos. 1 to 3to refund amounting to Rs.16,000/- which was illegally debited from the Account of the Complainant and to produce the displayed CC TV Footage of the material time from the concerned ATM booth along with compensation Rs.20,000/- for harassment and mental agony.
- Litigation cost of Rs.5,000/- inter alia (but no relief sought for against Op No.4).
The OP Nos.1,2 and 3 had file W/V on 02.08.2017. In the W/V the OPs made categorical denials and stated that the complaint is manufactured, false,
Contd……P/3
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CC-277/2017
fabricated and harassive and it is not maintainable as it is not a consumer disputed case. In their version they admitted that the Complainant is the customer in respect of account no.30379866544 belongs to SBI, H.B. Town Branch and the ATM Debit Card being no.6220180765400087449 issued against this account number and the Complainant using this card for transaction.
The OP Nos.1, 2 and 3 stated that after receiving a complaint dated 07.03.2017 in respect of withdrawal of sum of Rs.16,000/- (Rupees sixteen thousand only) on 04.03.2017 as stated in the said letter, State Bank of India made enquiry and came to know that on 4th March, 2017 at 10:00:59 hours a sum of Rs.16,000/- was withdrawn through ATM Card being No.6220180765400087449 through ATM ID No.IBBN000030018, which being to SBI. Pleas taken by the OP Nos.1,2 and 3 that the Complainant brought this case against them for his illegal gain.
They prayed for dismissal of this case.
Considering the above pleadings as well as the nature and character of this case following points are necessarily come out to reach the just decision of this case.
- Is the complainant consumers under Section 2 (1)(d) (ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to try this case?
- Is there any deficiency in service on part of the OPs?
- To what other relief or reliefs the complainant is entitled?
Decision with Reasons
Considering the nature and character of the suit all the points are inter-linked to each other and as such all the points are taken up together for consideration for the sake and brevity and convenience.
Point No.1
With the strength of admission on part of the OP Nos.1,2 and 3 inrespect of A/C No.30379866544 and ATM Card No.6220180765400087449 of the Complainant the Complainant acquired status of consumer under Section 2(1)(d)(ii) C.P. Act, 1986 under the OP Nos.1,2 and 3.
Point No.2
The Complainant resides under P.S.-Baduria within the District of North 24 Parganas and the OP No.1 situated at Barasat and OP No.2 situated at Basirhat both are under same district North 24 Parganas within the territorial jurisdiction of this Fora. The claim amount does not exceed the pecuniary limit of this Fora. As such this Fora has ample power to try this case.
Point No.3
On perusal of the materials available in the case record and supporting affidavit relating to the documents as well as hearing of argument made by the Ld.
Contd……P/4
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CC-277/2017
Advocates appearing on behalf of the Complainant and OP Nos.1,2, and 3 it is revealed that the Complainant has used his ATM Card Twice with its secret pin number on the same date on 04.03.2017 and at 10.00:59 hours Rs.16,000/- was withdrawn through his ATM Card (as per W/V submitted by Op Nos.1,2 and 3).
As per statement of the Complainant he used 2 (two) ATM Machines;-
- IBBN000030018
and
- IFBN000030015
Money did not come when the Complainant used his ATM Card (1st time) in ATM Machine being No.IBBN000030018 to withdraw Rs.10,000/-.
The Complainant got Rs.10,000/- when he used his ATM Card (2nd time) in ATM Machine being No.IFBN000030015 on the same date and in the same ATM Booth Premises but no withdrawal printout slip came out.
Copy of SBI Savings A/c being No.30379866544 of the Complainant speaks that balance amounting to Rs.26,176/- is lying in that A/c on 01.03.2017 (Annexure-1).
Copy of 3 (three) SMS received by the complainant on 04.03.2017 (Annexure-3) speaks that Rs.10,000/- has withdrawn from A/c No.xxxx654402 on 04.03.2017 from ATM Machine being No.IFBN000030015 (received at 09:57:01 am) – this 1st SMS.
2nd SMS received at 10:00:07 a.m. on 04.03.2017. But no amount is withdrawn and nothing mentioned therein any account number and ATM Machine number.
3rd SMS received at 10:00:27 a.m. on 04.03.2017 wherein it is mentioned that amount of Rs.16,000/- has being withdrawn from A/c No.xxxx6544 showing available balance is Rs.176/-.
A/c No.xxxx654402 does not belong to the Complainant. But amount of Rs.10,000/- has been withdrawn from this Account – How?
As per W/V submitted by OP Nos.1, 2 and 3 Rs.16,000/- has been withdrawn on 04.03.2017 at 10:00:59 hours by using ATM Card No.6220180765400087449 from ATM ID No.IBBN000030018.
3rd SMS received by the Complainant shows that amount of Rs.16,000/- has been withdrawn on 04.03.2017 at 10:00:27 a.m.
Therefore as per enquiry report of the Bank is contradictory by 32 second’s difference to 3rd SMS.
Bank’s enquiry did not explain how the Complainant has withdrawn Rs.10,000/- from A/c No.xxx654402. Because this Account does not belong to the Complainant.
Contd……P/5
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CC-277/2017
Copy of 3 (three) SMS (Annexure-3) to the Complainant has not been challenged by the OP Nos.1,2 & 3 and nor any adverse document is submitted against it to rebut it on part of the OPs though they craved leave to file other document(s) at the time of hearing if necessary.
The OP side did not give satisfactory explanation as to why CC TV footage of the material time has not been produced. Mere evasive denials are not adequate reasons to disprove the allegations against the OPs. As such it is not illogical to presume that enquiry of the Bank is not actuated and it is also not illogical to thing that at the material time there were shadows of evil hands which caused monetary loss amounting to Rs.16,000/- of a retired person (67 years) like the Complainant. From the above discussed facts no lack of probity from the Complainant came to us. The Bank can not ignore it’s liability to monetary safety and security of the customer(s). Therefore we have no alternative but to hold that there is deficiency in service on part of the OPs.
We have carefully gone through the following references as cited by the OP side but found no parity in between the facts of this case and in the cited cases;
Sl No. Date of Order Case No. Higher Forum
1. 18.01.2013 Revision Petition No.2382 of 2012 NCDRC
(SBI VS Omprakash Saini)
2. 17.12.2014 Revision Petition No.3973 of 2014 NCDRC
- Raghabendranath Sen & ANR
- Howrah District Consumer Protection Society ……
Vs
Punjab National Bank).
- 18.02.2015 Revision Petition No.545 of 2013 NCDRC
(S.B.I Main Branch Club Jalpaiguir
Vs
Subhasis Chowdhury)
Considering the positive results of the discussed points, point No.4 also bears positive answer and that should be reflected in the ordering portion.
Thus, all the points are disposed of accordingly. Fees paid are correct.
Hence, for ends of Justice;
it is
Ordered
that the instant case being C.C. No. 277/2017 be and the same is hereby allowed on contest against the OP Nos.1,2 & 3 with cost.
The Complainant do get a decree of his lost amount of Rs.16,000/- against the OP Nos.1,2, & 3.
Contd……P/6
: 6 :
CC-277/2017
The Complainant also do get a further decree of Rs.7,000./- as compensation for his mental agony and sufferings plus Rs. 2,000/- as litigation cost.
The OPs are directed to pay the aforesaid decretal amount i.e. Rs.25,000/- to the complainant within 35 days from this date, failing which the complainant will be at liberty to put this decree into execution according to law.
In case of realization of the decretal amount through execution, the complainant will be entitled to 8% interest p.a. on the total decretal dues i.e. on Rs. 25,000/- from the date of filing of this case from 25.05.2017. till liquidation of the entire decretal dues.
Let the plain copy of this order be supplied to the parties free of cost as per the provision of the CPR, 2005.
Dictated & Corrected by President
Member
Member
