Date of Filing : 31.01.2012
Date of Order : 03.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 3rd APRIL 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA, B.A., LLB. …….. MEMBER
CC No. 11 / 2012
Dr. C. Muniyappa,
Retired RMO, SNR Hospital,
R/at: KDA Layout, Opp. Sri Devaraj Urs
Medical College, Tamaka,
Kolar.
(By Sri. Sama Rangappa, Adv.) ……. Complainant
V/s.
1. The Branch Manager,
State Bank of Mysore,
M.G. Road, Kolar Branch,
Kolar.
2. The Asst. General Manager,
State Bank of Mysore, New Extn.,
Kolar.
3. Asst. General Manager,
ATM Switch Centre,
State Bank Global IT Centre, Belapur,
Navi Mumbai.
(By Sri. V. Sreedhara Murthy, Adv.) …… Opposite Parties
ORDER
By Sri. H.V. RAMACHANDRA RAO, PRESIDENT
The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay to the Complainant Rs.27,000/- with cost are necessary:
Complainant is having S.B. Account with OP1 and also having ATM Card. On 10.03.2011, Complainant drew Rs.5,000/- at about 5.45 PM in ATM Counter of Ops and collected ATM slip and left the place. On the next day, when he went to draw the amount, he was stunned to note that Rs.27,000/- has been drawn from his account though he has not withdrawn the money. This has been intimated to the Ops and on their directions he lodged the Complaint. But, till today entry has not been reversed nor the amount has been refunded. Petition was given to the Ops on 23.03.2011 and on 15.04.2011. Legal notice was also issued on 15.07.2011. Hence the Complaint.
2. In brief the version of the Ops are:
Holding of the S.B. Account and ATM Card by the Complainant are admitted. There are two ATMs at the Bank premises. On 10.03.2011 at 10.31 AM, Complainant withdrew Rs.5,000/- from ATM-1 vide transaction No. 1434 and on the same day at 10.33 AM Complainant withdrew Rs.27,000/- from ATM-2 vide transaction No. 1396. Journal Print Log & CD are produced in this regard. Lodging of the Complaint to the Ops are admitted, who have verified and found that transaction was complete. Hence, there is no deficiency in service and complaint be dismissed.
3. To substantiate their respective cases, parties have filed respective affidavits and documents. Arguments were heard.
4. The points that arise for our consideration are:
(A) Whether there is deficiency in service ?
(B) What order ?
5. Our findings are:
(A) Negative
(B) As per detailed order for the following reasons
REASONS
6. Complaint is summarized supra and the same be read herein again. According to the Complainant, on 10.03.2011 at 5.45 AM using his ATM Card he drew Rs.5,000/- and went away and on the next day he verified the account and stunned to note that Rs.27,000/- has been debited to his account which he had not drawn. This has been denied by the OP specifically. The Complainant has not produced the ATM Slip for the transaction made at 5.45 PM on 10.03.2011 nor he had produced the ATM slip obtained by him on 11.03.2011. Why? There is no answer.
7. It is clearly stated and sworn to by the OP that in the ATM room there are two ATM machines i.e., 1 & 2. On 10.03.2011, Complainant had drawn Rs.5,000/- from ATM-1 vide transaction No. 1434 at 10.31AM and not at 5.45 PM. Further, the Ops have stated and sworn to that on that day itself Complainant drawn Rs.27,000/- from ATM-2 vide transaction No. 1396 at 10.33 AM. This statement of the Ops is fully corroborated by the documents produced by the Ops. If two ATMs are there and Complainant had drawn one amount from one ATM and within 2 minutes he had drawn another amount from another ATM and the transactions are complete, how can OP be blamed for it. The CD and the photographs produced in this regard establishes the same.
8. Without the ATM Card and its password, nobody can use the ATM Card or draw the money. Here, from 2 Machines ATM Card and the password has been used and the amount has been drawn. Hence, it means, transaction is complete for which Ops can never be held responsible and there is no deficiency in service. Without the ATM Card and password, ATM machine cannot be operated at all. This is exclusive property is in the possession of the Complainant. As the transactions are complete, OP is not liable for anything. There is no deficiency in service. Hence, we hold the point accordingly and we pass the following order:
ORDER
1. Complaint is dismissed.
2. Send copy of the Order to the parties concerned free of cost.
3. Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 3rd day of April 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
