1.                     The brief history of the case of the complainant is that he is having an SB A/c. vide No.31191606657 with the OP and while updating the passbook on 21.11.2014 he found that a sum of Rs.1525.15 has been transferred from his said accounts and a transaction has been endorsed as “POS 431207585437”.  On written complaint, the OP insisted an SD entry from local Police Station to which the complainant complied but still the OP is maintaining silence.  It is submitted that the complainant has neither withdrawn nor allowed anybody to operate his accounts by disclosing the password and account details but in spite of best use of the same, the OP failed to protect the savings of the complainant.  Thus alleging deficiency in service on the part of the OP, he filed this case praying the Forum to direct the OP to return Rs.1525.15 and to pay Rs.5000/- towards compensation to the complainant.

2.                     The OP filed counter denying the allegations of the complainant but admitted about the SB accounts opened with them by the complainant.  It is contended that the complainant has availed Debit Card (ATM) facility through which the complainant withdraws money and purchases goods and articles through online purchase.  It is further contended that the complainant was purchasing different products from different Companies through POS (Point of Sale) by using his ATM and since the complainant has purchased and used his own money for his own purchase, the OP has nothing to do with this transaction.  It is also further contended that the burden lies on the complainant to prove that he has not purchased the product by using his ATM as the POS number clearly shows that the complainant has used his ATM-cum-Debit Card for purchase of goods on 08.11.2014 vide transaction No.431207585437.  Thus denying any deficiency in service on its part, the OP prayed to dismiss the case of the complainant.

3.                     The complainant has filed certain documents in support of his case.  The OP filed affidavit.  Heard from the parties through their respective A/Rs and perused the materials available on record.

4.                     The SB accounts vide No.31191606657 of the complainant with OP.1 is an admitted fact.  The complainant stated that a sum of Rs.1525.15 has been transferred from his said accounts and the transaction has been endorsed as “POS 431207585437” which he could find only on 21.11.14 while updating his accounts.  The case of the complainant is that he has neither made the said transaction nor authorised anybody to operate is accounts at any point of time disclosing the password and accounts particulars and in spite of complaint the OP is not showing any interest to trace out the wrong doers.

5.                     The OP on the other hand stated that the complainant has availed the Debit Card (ATM) facility through which he withdraws money and also purchases goods and articles through online purchase.  Statement of Accounts clearly shows that on 08.11.14 the complainant has made transaction under POS transaction No.431207585437 and which could only be possible after use of ATM Card, PIN and other details of the Card.  Hence the complainant has made alleged online transaction for purchase of goods and on that transaction, they have no role to play.

6.                     From the above rival contentions, it was ascertained that an online purchase Vide No.431207585437 dt.8.11.14 has been made for Rs.1525.10 from the accounts of the complainant with the OP.  It is also a fact that the said transaction is possible only on use of ATM Card and secret code besides other account details.  The ATM card supplied by the OP is also a Debit Card through which online purchase can be made.  The complainant has also been provided with PIN to operate the ATM Card and the complainant has every right to change the PIN at its own choice in order to avoid any fraudulent act by miscreants.  In the above circumstances, the complainant is the master of his ATM and the money lying in his accounts and he can at any time withdraw money and purchase goods and articles by using his own money.  Without use of the ATM, no transaction can be made.  When the ATM Card and secret PIN is with the complainant, in our opinion, the OP is in no way responsible for any transaction from the accounts of the complainant.  In the above premises the allegation of the complainant that the transaction has been made without his knowledge does not at all impress us.  Hence we do not see any merit in the allegations of the complainant.

7.                     In the result, we dismiss the case of the complainant having no merit but without costs in the peculiar circumstances of the case.

(to dict.)