PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-163/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Balmukund Behera,

S/O-Late Kartik Behera,

At-Naxapali, PO-Maneswar, Ps-Dhanupali, Sambalpur,

PS/Dist-Sambalpur-768005, Odisha.                                      ….…......Complainant.

                                    -Vrs.-  

The Branch Manager, State Bank of India

Budharaja Branch, Sambalpur,

Dist-Sambalpur-768004                                                .…………........Opp.Party

Counsels:-

1. For the Complainant         :- Sri. A.K. Mishra, Adv.
2. For the O.P.                        :- Sri. B. Meher, Adv.

Date of Filing:09.10.2023,  Date of Hearing :13.02.2024  Date of Judgement : 15.04.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that on dtd. 31.07.2023 while withdrawing the cash of Rs. 2500/- from the SBI ATM, installed at Sakhipada Road, the said amount of cash debited from the account of the Complainant but cash was not dispensed from the ATM counter. When the cash was not dispensed and the said amount of Rs. 2500/- debited from the account, the Complainant contact the customer care and raised the complain. After waiting for few days, when the cash was not reversed in the account of the Complainant, the Complainant again raised the complain in the Customer care office on dtd. 08/08/2023, but no result will come out , only assurance has given by the customer care that “Your amount will be credited shortly”. The Complainant finding no other way raised a written complain to the BM,SBI,  Budharaja Branch on 21/08/2023 but the amount is not credited in the account of the Complainant.
2. The Written Statement of the O.P is that  the ATM card being PIN based secured card can only be used through proper PIN after swiping the card and without proper PIN money cannot be dispensed with through ATM. After receipt of the complaint from the Complainant, the matter was verified from the ATM generated records and it was found that the said transaction of the Complainant was held successfully and the cash of Rs. 2500/- was dispensed/withdrawn from the ATM counter successfully and said withdrawl has been reflected. It is not the case of the Complainant that his card has been stolen or misused. When the ATM card is no allegation regarding misuse of ATM card by any other person, no other case is made out other than the withdrawal has been made by the account holder or somebody else to whom the Complainant given his ATM card and shared the secret PIN number for withdrawal of money.
3.  After perusal of the submission of the both the parties and records available it is found that on dtd. 31.07.2023 while withdrawing the cash of Rs. 2500/- from the SBI ATM, installed at Sakhipada Road by the Complainant , the said amount of cash although of debited from the account of the Complainant not dispensed from the ATM counter. In the other hand, as per the submision of the OP, the ATM card being PIN based secured card can only be used through proper PIN after swiping the card and without proper PIN money cannot be dispensed with through ATM. However, Customer satisfaction is the primary duty of the Bank but the OP did not show the Video footage of the said ATM Counter nor gave any satisfactory evidences.  Hence, deficiency in service found against the OP. Accordingly the case is disposed of.

The Complaint is allowed on contest. The O.P is directed to pay Rs. 2500/- with 9% interest to the Complainant from the date withdrawal on 31.07.2023, Rs. 15,000/- towards deficiency in service, mental agony and suffering as compensation to the Complainant and Rs. 5,000/- towards litigation expenses to the Complainant within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 15^th day of April, 2024.

Free copies of this order to the parties are supplied.