Complaint filed on: 07.07.2015
Complaint Disposed on:30.11.2016
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.105/2015
DATED THIS THE 30th DAY OF NOVEMBER 2016
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
Abdul Waheed,
S/o Mohammed Koya,
Proprietor Ideal Electricals,
Near Old Hospital,
Belur Road,Mudigere Town & Post,
Chikmagalur Dist.
(By Sri/Smt. D.R.Charan, Advocate)
V/s
OPPONENT:
1. The Branch Manager,
State Bank of Mysore,
Kannapura Branch,
Makonahalli Post,
Mudigere Taluk,
Chikmagalur Dist.
2. The Managing Director,
State Bank of Mysore,
Head office, K.G.Road,
Bangalore.
3. The Governor,
Reserve Bank of India,
Central Office Building,
Shahid Bhagat Singh Marg,
Mumbai – 400 001.
(OP-1&2 By Sri/Smt. K.M.Prashanth, Advocate)
(OP No.3 – Ex-parte)
By Hon’ble President Sri. Ravishankar,
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against Ops 1 to 3 alleging deficiency in service in not crediting an amount of Rs.49,992/- which was withdrawn without consent of the complainant from his current account. Hence, prays for direction against OP Nos. 1 & 2 to credit the said amount along with compensation for deficiency in service.
2. The brief facts of the complaint is that:
The complainant is having a current account under No.64113661479 at OP/Bank under the name and style of Ideal Electronics and he had obtained the ATM card from OP/Bank which is a master card bearing No. 5211100000656902. On 25/12/2014 the complainant had a balance of Rs.96,014/- in his account. Such being the case on all of a sudden he received a message regarding withdrawal of money from the complainant’s account to the tune of Rs.1,500/-, Rs.1,100/-, Rs.1,500/- and Rs.2,000/-. When the said message was received by the complainant, he was at Kinnigoli, Dakshina Kannada District and thereafter the complainant had immediately went to the nearest Corporation/Bank ATM at Kinnigoli and noticed that the said amount were withdrawn from his account by some other unknown persons. The said amounts have been withdrawn even though the ATM card is with the complainant. Further, on the same day a sum of Rs.9,999/-, Rs.1,000/-, Rs.1,000/- and Rs.996/- were also withdrawn and complainant again received SMS; immediately he went to the same Corporation Bank ATM and obtained statement and noticed that the amounts have been withdrawn from the complainant’s account. Further, on the same day an amount of Rs.9,999/- was withdrawn for three times and further Rs.9,00/- were also withdrawn from the complainant’s account and complainant had received the SMS in that regard. When he noticed through ATM receipt, the said amounts were withdrawn from the complainant’s account without his knowledge. Since on 25/12/2014 there was a public holiday, the complainant could not inform and not able to lodge a complaint regarding the illegal withdrawn of the amounts from his account. Anyhow the complainant able to contact the customer care of OP/Bank and managed to stop the further unauthorized withdrawal of money from the complainant’s account.
Thereafter the complainant approached the nearest police station at Mulky in Mangaluru Taluk and gave a police complaint with regard to illegal withdrawal of the amount from his account. On the next day i.e. 26/12/2014 the complainant approached the OP No.1/Bank and informed regarding unauthorized withdrawal of the amount from complainant’s account and requested to give a detailed information with respect to the said withdrawals, for which the OP No.1 furnished the statement of accounts which shows that the above said amounts have been withdrawn for the purpose of purchase of the goods. In this regard also, the complainant lodged a return complaint to OP No.1 and the complainant had not made any online purchase and tendered his card for payment. Hence, the OP rendered a deficiency in service in debiting the said amounts from his current account.
It is the duty of the OP Nos. 1 & 2 to safe guard the interest and money which belonged to the complainant, but without any due care, the OP/Bank have debited the amounts. Hence, OP Nos. 1 & 2 are liable to refund the said amount to the tune of Rs.49,992/- along with compensation for deficiency in service as prayed above.
3. After service of notice the OP Nos. 1 & 2 appeared through their counsel and filed version. The OP No.3 placed Ex-parte.
The Ops in their version have contended that it may be true that on 25/12/2014 it was showing a balance amount of Rs.96,014/- in his current account. But they do not know that an amount of Rs.1,500/-, Rs.1,100/-, Rs.1,500/- and Rs.2,000/- were withdrawn from complainant’s account on 25/12/2014 and he received message. They also do not know that again Rs.9,999/- for three times and Rs.900/- were withdrawn from his account and he received a message to that effect. This Ops also do not know that on 26/12/2014 he gave a police complaint with respect of the illegal transfer from his current account. It is true that on 26/12/2014 the complainant had approached this OP and informed regarding withdrawal of the amount from his account and he sought for the statement of accounts for which this OP has furnished the statement of accounts. But it is not true that the complainant had visited so many times to OP No.1 and requested him to refund the said amount to his current account. This Ops came to know that the transactions have took place through online, the ATM card and card number and its password are used for mobile bill payments and recharges/top up and the complainant had received SMS by confirming the transactions. Hence, this OP is not liable to credit the said amount to the complainant’s account. The complainant has to establish the transactions were not taken place at his instances. The online transaction does not require the physical ATM card. It only requires ATM card number and password. Accordingly, all transactions were done through online and purchase was made by complainant or any other person. For which, this OP is not liable to compensate. This OP also not responsible for the unauthorized use of the ATM card and password which was provided for the personal security of the complainant. The complainant had filed this complaint with mala-fide intention to gain wrongfully. There is no any deficiency in service on the part of these Ops. Hence, prays for dismissal of the complaint.
4. The complainant filed affidavit and marked the documents as Ex.P1 to P7. The OPs also filed affidavit and marked the documents as Ex.R1 to R3.
5. Heard the arguments:
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is deficiency in service on the part of OPs.
2. Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Negative
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. On going through the pleadings, affidavits and documents produced by both complainant and Ops, we observe that the complainant had current account at OP No.1/Bank vide current account No.64113661479. It is also not in dispute that OP No.1 had issued the ATM card to the complainant. But the dispute raised by the complainant is that on 25.12.2014 certain amounts were withdrawn from his current account without his knowledge and again on the same day, he received the SMS showing that an amount of Rs.9,999/- were withdrawn for three times and Rs.1,000/- for two times were withdrawn from his current account without his knowledge and the said transactions were not made by complainant. Hence, alleged deficiency in service against the OP/Bank for illegal debiting of the said amount of Rs.49,992/- from his current account and prays for direction against Ops to credit the same to his current account.
9. For which, the OP Nos. 1 & 2 have contended that they have issued ATM card to the complainant, but they do not know that the complainant had not made any transactions to the tune of Rs.49,992/- which resulted in debiting of the said amount from his current account. The OP Nos. 1 & 2 have sworn affidavit that they came to know that the said transactions were made through online and the said amounts were debited from the account of the complainant. They also sworn that the online transaction does not require any physical ATM card, it only requires ATM card number and password. If the said ATM card and password were provided and purchased through online, the said purchase will be successful and the amount towards purchase are going to be debited form the current account. Thus, the complainant made certain purchase on 25/12/2014.
10. In this regard the complainant has produced statement of accounts which were issued by OP Nos. 1 & 2 Bank. On noticing the said statement of accounts, the alleged withdrawn from the current account of the complainant towards purchase and mobile recharge. This clearly indicates that the complainant’s card or password were used by either his relatives or by unknown persons. The said transactions were successful and same were debited. For which the complainant cannot allege a deficiency in service on the part of OP Nos. 1 & 2/Bank. Because if any transactions made through online that will be reflected in the statement of accounts. Accordingly, the OP/Bank has furnished statement of accounts. Hence, we found there is no any deficiency in service on the part of OP/Bank when the online transactions made in the current account of the complainant. We are of the opinion that the complainant failed to establish a deficiency in service on the part of Ops as because he should keep his ATM and password with him without letting the other to know about password and card number. It is only negligence on the part of complainant who let the online transactions to happen. Hence, the complainant is not entitled to get any relief. As such the complaint is liable to be dismissed against the Ops. For the above said reasons, we answer the points accordingly and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is hereby dismissed. No order as to costs.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 30th day of November 2016).
(RAVISHANKAR)
President
(B.U.GEETHA) (H. MANJULA)
Member Member
ANNEXURES
Documents produced on behalf of the complainant:
Ex. P1 - Requisition given by complainant to OP No.1
Ex.P2 - Statement of Current Account of the complainant
Ex.P3 - Transaction report 3 pages given by OP
Ex.P4 - Police complaint given by complainant marked
Ex.P5 - Office copy of the legal notice issued to OP
Ex.P6 - Postal ack. Due
Ex.P7 - Reply to the legal notice
Documents produced on behalf of the OPs:
Ex. R1 - Reply notice dated:14.03.2015
Ex. R2 - Postal receipt
Ex. R3 - Postal endorsement issued by post master Mudigere
Dated:30.11.2016 President
District Consumer Forum,
Chikmagalur.
Tss
