BEFORE
District Consumer Redressal Forum,
Dhalai, Kamalpur
Case No. 01/CC/KMP/ of 2017
Md As.Mahammad
S/O Md.Sakik Miah,
Of Rupashpur, PS- Kamalpur,
Dhalai, Tripura..........………Complainant
Vs
State Bank of India
Kamalpur Branch
Dhalai,Tripura………… Opposite Party.
Present
Sri S.K. MAJUMDER.......... President,
District Consumer Redressal Forum, Dhalai, Kamalpur
1. Dr.Jiteshwar Ahir
2. Smt.Subhadra Sen....Members
District Consumer Redressal Forum, Dhalai, Kamalpur.
LD. C O U N S E L S
For the Complainant : Mr. S. Dasgupta, Ld.Advocate
For the Opp. Party : Mr. T. Barman, Ld.Advocate.
Date of argument : 05.09.2017
Date of judgment : 01-11-2017
J U D G M E N T
1. The complainant has filed this consumer complaint before this consumer dispute redressal forum under section 12 of the Consumer Protection Act, 1986 against the Opposite Parties (the branch Manager SBI, Kamalpur Branch) for Rs. 40,000/- as the complainant rightful money and for compensation of Rs. 10,000/- towards the mental agony and Rs. 5000/- as litigation cost.
2. In brief, the facts of the case, are that the complainant is having a saving bank account no. 31098293424 in the bank of the opposite party, against which, an ATM card bearing no. 4591500140565124 was also issued to him. It has been stated that the complainant on 20.09.2016 went to Shapra, Bihar to see his near relatives and on 25.09.2016 when he was in need of money he visited ATM counter, SBI Bagabanbazar branch, District Chapra Bihar to withdraw cash of Rs. 10,000/- but when he inserted/swiped the ATM card in the ATM he did not receive any money from the said ATM Counter. He found that Rs. 10,000/- was deducted from his saving bank account but re-credited the same amount in his account. Thereafter, he further inserted /swiped his ATM card for cash of Rs. 10,000/- from the same ATM counter but again the machine did not deliver any money and Rs. 10,000/- was debited in his account. However, subsequently the said amount was re-credited in his account. After two unsuccessful transactions the complainant went to another ATM counter at SBI Kashibazar branch, District Chapra Bihar to withdraw cash an amount of Rs. 10,000/- and inserted his ATM card but did not receive any money and also the transaction slip. But thereafter he got an SMS in his mobile that Rs. 40,000/- was debited from his account. He immediately visited to the official of SBI Kashibazar branch and informed them the matter who told him that it might be the result of some error in the system and advised him to give representation to SBI Kamalpur branch. They also stated that the amount would be re-credited shortly in his account. Accordingly, he ventilated his representation and visited the office of the opposite party on many times and requested the opposite party to show CCTV footage of the ATM for the relevant time but he was provided with the CCTV footage of the said transaction and also did not re-credited the money in account though he did receive any money from the MTM which is a deficiency of the Opposite party in rendering service. The complaint, therefore, filed the complaint before this forum under section 12 of consumer Protection Act, 1986 Seeking direction to the opposite party for making payment of his rightful money of Rs. 40,000/- along with compensation of Rs. 15,000/- towards mental agony and litigation expenses.
3. The OP in its written statement admitted that the complainant is having account with its ATM facility. The Opposite party claimed that the claimant received Rs. 40000/- from the ATM counter at Kashipur as transpired from the bank statement or record and also the CCTV footage. The CCTV footage shows that the transaction of the petitioner was successful. Further, the CCTV footage of the relevant time shows that the petitioner entered in the ATM counter along with another person who either was helping or operating his ATM card which is not permissible. It is further contended by OP that the complainant himself is liable to his own negligence as he allowed the third person to enter in the ATM counter with him and also used his ATM card. The transaction code clearly shows that the transaction was successful and therefore the OP is not liable to pay any compensation as claim by the claimant petitioner.
4. In support of the allegations in the complaint, the complainant has filed detailed affidavit in evidence and the averments of the complainant are also relied. The complainant has also filed following documentary evidence in support of his case:
(1). Photocopy SBI Savings bank account bearing No.31098293424 in the name of complainant showing the entry for transaction w.e.f. 15.08.2016 to 25.09.2016 (Exhibit-1).
(2) Photocopy of SBI ATM card bearing No. 4591500140565124 issued against the Savings Bank A/C of the complainant(Exhibit-2).
(3) Photocopy of ATM transaction slip on 25.09.2016 at 03.18 pm using ATM card bearing No. 4591500140565124 (Exhibit-3).
5. Opposite party has filed an affidavit of Sri Mahindra Rupchandani, Branch Manager, SBI Kamalpur Branch. On oath, he has stated that the complainant withdraw Rs. 40000.00 by using his ATM card and as per bank statement and response code the transaction was successful.
6. We have heard learned counsel for the parties and perused the material placed on record.
7. Learned counsel for the complainant has vehemently argued that there was gross negligence on the part of the opposite party bank. It is the case of faulty ATM transaction and the deposited money in the account of the complainant was debited without producing cash to complainant when he swiped the ATM card in the machine installed under SBI Kashibazar branch, Bihar. Learned counsel argued that the burden lies on the bank to show that the complainant had received the money.
8. Contrary to this, Learned counsel for the opposite party bank contended that the complainant himself used the ATM card and withdraw Rs.40,000/-. The ATM transaction slip shows that the transaction was successful. The of the statement of the bank also shows that the complainant has withdrawn the said amount by using the ATM card issued to the complainant. Apart from that learned counsel relying upon the photo copy of the CCTV footage contended that the complainant himself negligent while he used the ATM card as the complainant entered in the ATM counter with a third person who helped him to withdraw the money.
9. After going through the detail study of the present case and by a perusal of the documents before us and written argument of the learned counsel for the parties this commission has to consider whether the opposite party bank is liable for deficiency in service.
10. The case of the complainant is that he has a savings bank account with the opposite party bank against which ATM card was issued in favour of the complainant. On 25.09.2016 he swiped his ATM card at in a ATM counter of SBI Bagabanbazar branch, District Chapra Bihar to withdraw cash of Rs. 10,000/- but the machine did not give money. He 2nd time swiped his ATM card in the same machine but did not get money. In both the occasion Rs.10000/- were deducted from the account and subsequently re-credited to his Account. After two unsuccessful transactions the complainant went to another ATM counter at SBI Kashibazar branch, District Chapra Bihar to withdraw cash of Rs. 10,000/- and swiped his ATM card but did not receive any money. According to him no transaction slip was also received by him. But he got an SMS in his mobile that Rs. 40,000/- was debited in his account withdrawn from the ATM counter at Kashibazar, Chapra though he did not receive any money. The OP bank did not deny the fact about the two unsuccessful transaction of the complainant at the ATM counter of Bhagwannagar, Chapra but strongly denied that the complainant did not receive the money.
11. The complainant admittedly before lodging the complaint to this forum on 17.10.2016 he sent a letter/ representation to the Opposite party bank i.e to Manager of SBI kamalpur Branch. The complainant has submitted a copy of the said letter/ representation dated 17.10.2016 by firisty. In the said letter/ representation he stated the following:
“ Sir, on 25-09-2016, I went to ATM Counter, SBI , Bhagwan Bazar branch, District-Chapra, Bihar to withdraw of Rs. 10000/-(ten thousand)only.
First, I inserted my ATM card between the period 3.50 PM to 3.52 PM and tried to withdraw cash at Rs. 10,000/-(ten thousand) from ATM machine. ATM machine did not give me any slip of my transaction and I did not received Rs 10000/- from the ATM counter. Later on, I checked my balance and I found that Rs 10000/- has been deducted from my account by the above failure transaction and also re-credit the same in my savings bank account on 25-09-2016.
Thereafter, I again inserted my ATM card between 3.55 PM to 3.57 PM and tried to withdraw Cash of Rs 10000/-(ten thousand) from ATM machine. ATM machine did not give me any slip of my transaction and I did not received Rs 10000/- from the ATM counter. Later on, I checked my balance and I found that Rs 10000/- has been deducted from my account by the above failure transaction and also re-credit the same in my savings bank account on 25-09-2016.
Later on, I went to ATM counter, SBI Kasi Bazar branch, District-Chara, Bihar to withdraw of Rs 10000/-(ten thousand) only. I again inserted my ATM card between 4.10 pm to 4.12 pm and tried to withdraw cash of Rs 10000/-(ten thousand) from ATM machine. After a long time I see machine displayed transaction Timed Out¨. ATM machine did not give me any slip of my failure transaction. Later on, I checked my balance and I fund that Rs.40,000/- has been deducted from my account by the above failure transaction. All the above mention occasion has been made between the periods of 3.50pm to 4.12 am approximately on 25-09-2016.”
12. The complainant also submitted a legal notice dated09.01.2017 to the opposite Party by registered post through his learned advocate demanding the refund of Rs. 40,000/- to his account and a copy of the said notice has been submitted by the complainant. In his legal notice dated also he stated the following:
“Sir,
Being instructed by one Consumer Md. As Mohammed, son of Md.Sakik Mia of village-Rupaspur, PO Kamalpur, District-Dhalai, Tripura, I do hereby issue the instant legal notice to the Notice Receiver for immediate action from the Notice Receiver in the line indicated below to mitigate list and genuine grievance of our consumer.
- That, Md. As Mahammed is an account holder bearing account no 31098293424 of your branch and also favored ATM facility from your branch.
- That on 25-09-2016 he went to ATM counter, SBI Bhagwan Bazar Branch, District - Chapra, Bihar to withdraw cash of Rs 10,000/- only and inserted his ATN card between the period 3.50pm to 3.52 pm ATM machine did not give any transaction slip of his transaction resultant of which he did not received Rs. 10,000/- from ATM counter. Later on he checked his credit balance and find that RS 10,000/- has been deducted from his savings bank account by the failure transaction and also re-credit the same amount in his savings bank account on 25-09-2016 by the State Bank of India.
- That, on 25-09-2016 he further inserted his ATM card between the period 3.55 pm to 3.57pm to withdraw cash of Rs 10,000/- from ATM counter, SBI Bhagwan bazar Branch, District- Chapra, Bihar. This time also ATM machine did not give any transaction slip resultant of which he did not received Rs. 10,000/- from ATM counter. Later on he checked his credit balance and find that Rs 10,000/- has been deducted from his savings bank account by the failure transaction and also re-credit the same amount in his savings bank account on 25-09-2016 by the State Bank of India.
- That, later on he went to ATM counter, SBI, Kasi Bizar Branch, District-Chapra,Bihar to withdraw cash of Rs.10,000/-(ten thousand) only and inserted his ATM card between the period 4.10 pm to 4.12 pm. ATM machine did not give any transaction slip resultant of which he did not received Rs 10,000/- from SBI ATM counter of Kashi Bazaar Branch. Thereafter, he checked his credit balance and find that Rs 40,000/- has been deducted from his savings bank account by the failure transaction on 25-09-2016. But the said Rs. 40,000/- not yet re-credit by the State Bank of India.
- That, on 29-09-2016 he personally informed the matter to Branch Authority,SBI, Kamalpur Branch for taking necessary step to re-credit the amount of Rs 40,000/- in his savings bank account. But Branch Authority did not pay any heed to it.
- That, on 17-10-2016 he submitted his written complain addressed to ¨The Branch Manager¨, SBI, Kamalpur Branch for getting back the amount of Rs 40,000/- and compensation amount as per RBI direction. But no response from Branch Authority of SBI, Kamalpur Branch till date.
- That, Due to deficiency of your services Md as Mohammod has suffered financial loss of Rs. 40,000/- and the said Md as Mohammad has suffered in his reputation and has been lowered in the estimation of general public.
Under the circumstances, stated above, I do hereby issue the instant legal notice for an on behalf of above named consumer, to demand that within 15 days of receipt of this legal notice, the notice receiver should ensure to refund the amount of Rs 40,000/-(forty thousand) and to pay compensation to Md As Mohammad @ Rs 100/- per day due to failure to re-credit the consumer account within seven working days of receipt of the complaint by the issuing bank as per RBI direction. If the notice receiver fail to do so then our consumer will be left with no alternative but to take appropriate legal action against the notice receiver in the appropriate Court of law.”
13. A careful perusal of the letter and the notice of the complainant as quoted above which was sent to the Opposite party shows that the complainant swiped his ATM card twice in between 3.50 pm to 3.52 pm and in between 3.55pm to 3.57pm at ATM counter of Bhagwan Bazar branch to withdraw Rs.10,000/-.But both the transactions the machine did not provide money. He admitted that in all occasions Rs10,000/- was deducted from his account but subsequently the equal amount was re-credited by reversal entry. The statement in the entry of the passbook of the savings bank A/C also shows the reversal entries. Therefore, it appears that there is no grievance of the complainant regarding his transactions in between 3.50 pm to 3.52 pm and in between 3.55pm to 3.57pm at ATM counter of Bhagwan Bazar branch. The grievance of the complainant for which he approached this forum is against the transaction (swipe of his ATM card) in between 4.10pm to 4.12 pm in the ATM of Kashibazar branch of Bihar. It is alleged that though he did not receive any amount of money, he received SMS that an amount of Rs. 40000/- was deducted from his account as withdrawn using his ATM Card. The Opposite party, the bank claimed that the claimant withdrawn Rs. 40,000/- using his ATM card in ATM of Kashibazar branch and the transaction was successful as revealed from the response code “00” generated by the machine.
14. The letter and the notice of the complainant shows that the complainant had mentioned the specific time when he used his ATM card which yielded no money to him. The claimant relied upon the ATM transaction slip (Exhibit-3) dated 25.09.2016. The transaction slip of ATM provides the date, time card number, response code withdrawal amount, account number and the available balance of the relevant account. The ATM transaction slip (Exhibit-3) dated 25.09.2016 shows two translations in the ATM Counter for using of ATM card No. 4591500140565124 which read as follows:
“09/25/16 15:18 GFBU000054020
CARD NUMBER 4591500140565124
TXN NO 7620
RESPONSE CODE 000
WITHDRAWAL RS. 40000.00
FROM A/C 00000031098293424
*AVAIL BAL RS. 15071.08
*7620* 1*P*21,M-
*713* 09/25/2016*16:01*
SUPERVISOR MODE EXIT
*7620*1*P*20,M-
SST OUT OF SERVICE.
15. A careful study of the above transaction slip of ATM card No. 4591500140565124 (Exhibit-3 ) which has been produced and relied by the complainant it would be seen that on 25.09.2016 the complainant swiped his ATM card twice in the same ATM counter i.e in the SBI ATM counter of KASHI BAZAR. The first transaction has been recorded at 15: 18 i.e 3:18 pm which recorded withdrawal of Rs. 40000.00 and the response code “000” indicates that the transaction was successful. The transaction slip further shows the anther attempt was made at 16:01 hrs i.e 04.01 pm but there was no indication of withdrawal. The complainant did not make any allegation regarding withdrawal of money of Rs, 40000/-at 03.18 pm (15:18 hr) by using his ATM card. On perusal of the entry in the pass book of the complainant we find that on 25.09.2016 there is only single withdrawal from the account of the complainant for an amount of Rs. 40,000/-. Therefore, the mathematical observation speaks that on 25-09-2016 at 3.18 pm the complainant withdrawn Rs.40000/- (forty thousand) from his account by using the ATM card at KASHI BAZAR. The bank did not deduct any amount for using the ATM card during the time in between 4.10pm to 4.12 pm in the ATM of Kashibazar branch of Bihar as stated in the initial letter dated 17.10.2016 and the legal notice dated 09.01.2017 to the opposite party. As per terms and condition of the ATM card of SBI the bank has the authority of the card holder to debit the card account of the card holder for all withdrawals affected by the card holders by using the card, as evident by the banks record, which will be conclusive and binding on the card holder. In the present case the record of the bank Viz; the ATM transaction slip shows that Rs. 40,000/- was withdrawn by using ATM card on 25-09-2016 at 3.18 pm at Kashibazar. It is not disputed that the complainant on 25-09-2016 visited the ATM at Kashibazar, Bihar. The complainant though stated that he made complaint orally at SBI Kashibazar Branch is not proved by sufficient evidence. The complainant neither in his initial letter nor in his legal notice stated that he approach or informed the matter to the bank official at Kashibazae Branch as stated in his complaint before us. The argument of the learned counsel for the complainant that the burden of the bank that the complainant received the money is not discharged. The said argument cannot be accepted as we find in the statement generated by the machine shows that on 25-09-2016 at 3.18 pm the complainant withdraw Rs. 40,000/- using his ATM card. There is no complaint against the said transaction took place at 3.18 pm by the complainant. The bank did not deduct any amount for using the ATM card during the time in between 4.10pm to 4.12 pm in the ATM of Kashibazar branch of Bihar as stated in the initial letter dated 17.10.2016 and the legal notice dated 09.01.2017 to the opposite party.
16. In view of the above discussion in the foregoing paragraph we are of the view that the Opposite party i.e the State Bank India was not deficient in rendering service to the complainant. Consequently, the complaint of the complainant is dismissed with no order of cost.
17. Certified copies of this order be sent to the parties free of cost.
MEMBER DISTRICT CONSUMER FORUM DHALAI TRIPURA : KAMALPUR | MEMBER DISTRICT CONSUMER FORUM DHALAI TRIPURA : KAMALPUR | PRESIDENT DISTRICT CONSUMER FORUM DHALAI TRIPURA : KAMALPUR |
