DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC-  65  of   2017

 

Smt. Dipanjali Singha,

W/O- Sri Karnajit Singha,

Lalsingmura, Bisalgarh, 

Sipahijala. .….…...Complainant.

 

     VERSUS    

 

      1. The Branch Manager,

Tripura Gramin Bank,

Lalsingmura Branch,

Bisalgarh, Sepahijala- 799102..

 

      2. The Chairman,

Tripura Gramin Bank,

Airport Road,

P.O. Abhoynagar,

Agartala, Tripura(W). ........... Opposite Party.

 

 __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C  O  U  N  S  E  L

 

For the Complainant : Sri Swarup Pandit,

  Advocate.

 

For the O.Ps : Sri Tapan Kumar Modak,

  Advocate.

 

 

 

 

 

JUDGMENT  DELIVERED  ON: 08.11.2017.

 

 

J U D G M E N T

  This case arises on the petition filed by one Dipanjali Singha U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on 24.02.17 she asked her brother to withdraw Rs.2,000/- from nearby ATM counter but while withdrawing Rs.2,000/- there was some problem in the machine. But Rs.2,000/- was deducted from the account. He immediately informed the matter to the consumer care of SBI. They advised her to contact with the local branch so complainant went on 27.02.17 to Tripura Gramin Bank O.P. After few days complainant again visited the Bank. The manager told her to submit application. Several times she visited the Bank. They asked her to wait only. After one month on 30.03.17 they informed her that money was withdrawn by her so they could not credit it for that failed transaction. She then filed the case demanding Rs.2,000/- and also Rs.5,000/-  for mental agony.

 

2. O.P. Gramin Bank appeared, filed written statement denying the claim. It is stated that petitioner used the ATM of SBI. It is revealed that successful transaction matter was sent for reconsideration. Ombudsmen could not settle it as transaction was successful.

 

3. On the basis of contention raised by the parties following points cropped up for determination:

(I)Whether the petitioner have withdrawn Rs.2,000/- from the ATM machine of SBI? 

(II)Whether there was deficiency of service by the bank?

Petitioner, Dipanjali Singha applied for Legal Aid and one Advocate was appointed on behalf of her. As the SBI machine was used so SBI official, Manager of the Bisalgarh Branch was called and SBI official appeared and submitted documents.

 

5. Petitioner produced the savings xerox copy of bank account, and letter issued and Email sent to the Gramin bank. She also produced the statement on affidavit of 2 witnesses. 

 

6. O.P. Bank on the other hand produced the photocopy of description sheet on EJ Transaction, accounts statement, 2 photocopies of banking ombudsmen. The SBI officials produced the letter issued by the Branch Manager, Bisalgarh and also Reserve Bank Circular. O.P. bank also produced statement on affidavit of Dipankar Ambuli, Bank Official along with the copy of caution documents.

 

7. On the basis of all these evidence we shall now determine the above points.

 

Findings and decisions:

8. We have gone through the transaction report as produced. There was 4 transactions on 24.02.16. Firstly Rs.2,000/- withdrawn and balance shown Rs.8,127/-, again Rs.500/- withdrawn and balance was Rs.7627/-. The amount was credited. Thereafter balance remained same. Again Rs.2000/-withdrawn balance shown  Rs.6127/-. Petitioner stated that first transaction failed. But inspite of that Rs.2,000/- was deducted from her account. Second transaction also failed but the amount was credited. And 4th transaction was successful. She reported the matter to the authority of the issuing bank.  But the Gramin bank did not take proper step.

 

9. From the scrutiny of the documents it is found that SBI ATM machine was used. And SBI reported that it was successful transaction. SBI official also reported the same. As per ATM system provided the transaction was successful.

 

10. We have gone through the circular of the Reserve Bank as produced by the bank official. It is stated that all dispute regarding ATM failed transaction shall be settled by the issuing bank and the acquiring bank through the ATM system provider only. So Gramin bank being the issuing bank is to settle the dispute through the ATM system provider but it was not done by the Gramin bank. The matter was sent to the ombudsmen, Guwahati. Ombudsmen could not settle as petitioner remained absent on the conciliation meeting.

 

11. Sri Binoy Debbarma, Senior Manager of Tripura Gramin Bank in the statement on affidavit stated that information was duly communicated to the complainant. O.Ps  bank was provided ATM Kit to the user and caution given not to disclose the PIN to any user inspite of this she disclosed her PINB to her bother  which is not proper. From her evidence it is found that she had given the ATM card to her brother  and disclosed  the PIN. This is not proper at all. The ATM transaction as per description given was successful. Account statement also revealed the same fact of successful transaction. There was some deficiency of service by the Gramin Bank authority. They did not take step as per Reserve Bank Circular to settle the dispute through ATM system provider. We direct the Gramin bank authority to settle the dispute through ATM system provider as per Reserve Bank circular. As the transaction was shown successful as per the report of of SBI and the petitioner had fault by disclosing the ATM PIN to her brother she is not entitled to get any relief and compensation. Both the points are decided accordingly. 

 

12. In view of our above findings over the points  this petition is dismissed with the direction to Gramin bank to settle the dispute with the help of SBI through system provider as per R.B.I. guideline.    

 

Announced.

 

 

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

 

MT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.