Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 25.02.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to debit Rs. 40,000/- ( Forty thousand only ) along with 15% interest.
- To direct the opposite parties to pay Rs. 50,000/- ( Rs. Fifty thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he is a account holder of State bank of India, Ashiananagar, Patna being account no. 10238653092. On 12.07.2009 at about 9:55 PM. Complainant came to railway Station ATM of State bank of India to withdraw Rs. 400/-. He completed all the formalities of withdrawal from the ATM but neither transaction took place nor any statement was received by the complainant but surprisingly Rs. 40,000/- was shown as withdrawn on ATM machine at once.
It has been further asserted by the complainant that as he was on way to Pune on 02.07.2009 hence he could not complain the authority of State Bank of India immediately about the aforesaid occurrence but on 14.07.2009 just after two days from the date of occurrence he informed the authority concerned about the aforesaid fact through fax. Thereafter on 30.07.2009 vide annexure – 1 the opposite party bank had sent him the details ATM transaction dated 12.07.2009 from which it transpires that the complainant has withdrawn Rs. 40,000/- on 12.07.2009.
It is surprising that at the relevant time the maximum transaction of withdrawal from ATM within 24 hrs. was only Rs. 25,000/- but despite the aforesaid fact the transaction of the complainant have been shown to be successful vide annexure – 1.
On behalf of bank (opposite parties) a written statement has been filed. In Para – 3 of which following facts have been asserted, “the complainant has enquired the balance of his account on 12.07.2009 at 21.55 through ATM and the balance was shown Rs. 66,163.03/- and thereafter the complainant has withdrawn Rs. 40,000/- on 12.07.2009 at 22.01 through the same ATM. This fact established on perusal of the J.P. Log book of the transaction is shown as successful transaction, complainant has annexed the said transaction statement as annexure – 1 of the complaint. It is hereby stated that as per bank record withdrawal was made by the complainant. He used ATM card and PIN on 12.07.2009 which remains within the knowledge of the complainant and withdrawal was successfully affected as is evident from the computerized log book of ATM. ATM machine was functioning properly and allegation of the complainant that advise receipt was not delivered is in correct and false”
In Para – 6 of written statement the opposite parties have stated that the maximum amount of transaction through the ATM at the relevant time within 24 hrs. was Rs. 50,000/-.
On behalf of opposite party no. 2 a separate rejoinder i.e. application has been filed stating therein that since it is very old case it is not possible to produce photograph of video footage.
We have narrated the facts of the case asserted by both the parties in brief.
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From bare perusal of written statement of opposite parties it appears that the transaction was successful as per J.P. Log. This fact also appears to be true from annexure – 1 annexed by the complainant. Opposite parties have further stated that maximum withdrawal of amount at the relevant time was not Rs. 25,000/- as asserted by the complainant rather it was Rs. 50,000/-.
No rejoinder have been filed of the fact asserted by the opposite parties in their written statement. The complainant has not produced any cogent evidence to show that the fact asserted by the opposite parties in their written statement are not correct.
It is needless to say that it is the complainant who has to prove his case in which he has failed. Therefore we find and hold that there is no deficiency on the part of opposite parties and as such this complaint stands dismissed but without cost.
Member President
