Date of Filing: 16/06/2014 Date of Final Order: 03/08/2015
The brief facts of the case as can be gathered from the record is that the complainant, Earul Haque is a customer of the O.P. No.1, State Bank of India, Mathabhanga Branch having Savings Bank Account bearing No.33598918082 with ATM facility.
The main allegation of the Complainant is that on 26/04/2014 the complainant needed some money for his business purpose. So he went to the ATM counter of the O.P. No.2, Axis Bank at about 8.30 P.M. for withdrawing money of Rs.20,000/- from his aforesaid account and 1st time he successfully withdrawn of Rs.10,000/- by using his ATM Card being transaction No.6644. After few minutes when the complainant 2nd time commands for withdrawing of another Rs.10,000/- then the said ATM machine did not functioning properly, in this regard the said transaction being No.6645 was not made. But the O.P. No.1 has wrongly deducted unsuccessful transaction of Rs.10,000/- from the complainant’s account. After that the complainant made contact to the S.B.I. Help Line and lodged a complaint vide No.AT429212142980. The complainant also informed the said matter to the O.P. No.1, State Bank of India, Mathabhanga Branch and the O.P. No.2, Axis Bank, Cooch Behar Branch for redress the unsuccessful transaction being No.6645 of Rs.10,000/- and the O.P. No.1, S.B.I bank assured to the complainant the said matter would be settled very soon.
Subsequently, the complainant went to the O.P. No.1 for made up to date his pass book and found that the O.P. No.1 was credited of Rs.10,000/- to his savings bank account on 28/04/2014 (which amount was wrongly deducted from the complainant's Account on 26.04.2014) and particulars printed in the pass book “UNSUCCESSFUL ATM TXN 6645 REVERSED”. On 30.04.2014 the complainant went to the O.P. No.1 to deposited money and made up to date his pass book and found that the O.P. No.1 (the transaction No.6645) has been confirmed and deducted of Rs.10,000/- (return back amount) on 30/04/2014 from the complainant account without any intimation. After knowing the facts the complainant lodged a complaint to the O.P. No.1 on that day and requested to the Bank Manager of the O.P. No.1 to get back the deducted amount of Rs.10,000/-. The complainant made several contact to the O.P. No.1 & 2, Bank for getting back the said amount. But the O.Ps did not pay any heed towards the complainant.
Due to such activities of the O.Ps the complainant also suffer from mental pain, agony and unnecessary harassments. The O.Ps also adopted deficiency in service in the event of unnecessary deducted amount of Rs.10,000/- from the complainant's account.
Hence, the complainant filed the instant Case No. DF - 37/2014 with enclosed relevant documents together with I.P.Os. of Rs.100/- before this Forum for redress of the dispute and prayed for direction to the O.Ps to pay (1) Rs.10,000/- for an award (which amount was wrongly deducted from the complainant's Account on 26.04.2014), (2) Rs.20,000/- as compensation for mental agony, pain and unnecessary harassment, (3) Rs.25,000/- for deficiency in service and (4) Rs.5,000/- towards litigation cost, besides other relief(s) as the Forum deem fit, as per law & equity.
The O.P. No.1, State Bank of India, Mathabhanga Branch has contested the case by filing their written version denying all material allegation of the complaint contending inter-alia that the complainant has no cause of action to being this case and the case is not tenable in law. The main allegation of the O.P. No.1 is that the complainant on 26/04/2014 went to the ATM Counter of Axis Bank at Sitalkuchi Panchayet School for withdraw amounting to Rs.20,000/- from his S/B Account being No.33598918082 through using his own S.B.I. ATM card. The complainant has already withdraw an amount of Rs.10,000/- and the said transaction was successful and 2nd time he intended to withdraw and push his ATM card into the ATM machine and entered the amount of Rs.10,000/- but the said transaction was unsuccessful being transaction No.6645 and automatically the amount of Rs.10,017/- debited from his account.
It is the case of the O.P. No.1 that after receiving the complaint letter from the complainant the O.P. No.1 informed and forwarded the matter to the Complaint Management System Manager, Axis Bank. Thereafter on 27/04/2014 disputed amount has returned back an amount of Rs.10,017/- into the S.B.I. Mathabhanga Branch in their own A/C being No.98582159526 (ATM related account which amount debited but not disbursed) and after receiving such amount on the following day i.e. 28/04/2014 the O.P.No.1 debited their said own account and also credited the amount of Rs.10,017/- into the complainant’s S.B. Account being No.33598918082. The complainant has already received his alleged amount of Rs.10,017/- through his S.B. Account being No.33598918082 on 28/04/2014.
It is the further case of the O.P. No.1 that on the next day on 29/04/2014 NFS debited the said amount of Rs.10,017/- debited from the account of Mathabhanga S.B.I. and since the O.P. No.1 has already credited the amount in the customer account and no sufficient balance amount of Rs.10,017/- and for this reason S.B.I. Mathabhanga set put hold on 30/04/2014 and when the account was updated through cash deposit an amount of Rs.25,000/- on 09/05/2014 and on the following day the O.P. No.1 deleted the hold and also deducted the said alleged amount of Rs.10,017/- from the Complainant’s account. Thereafter on 17/07/2014 the said alleged amount of Rs.10,017/- has been credited by NFS into the Bank account of S.B.I. Mathabhanga and thereafter enquired the matter the O.P. No.1 on 24/07/2014 credited the said alleged amount of Rs.10,017/- into the Complainant’s S.B. Account being No.33598918082. The alleged amount not even lying with S.B.I. So, the O.P.No.1 is not able to pay any such kind of Compensation amount.
It has been alleged by the O.P. No.1 in their W/V that according to the R.B.I. guide lines within 7 days the O.P. No.1 has already credited the said alleged amount. The complainant totally suppressed the original facts of the case and intentionally harassed your humble O.P. No.1 and has filed the case for squeeze some money from the O.P. No.1. There is no dispute from the O.P. No.1 regarding the alleged amount if any dispute in this case, the O.P. No.2, Axis Bank will be liable to compensate and the National Financial Switch Centre (NFSC) also will be liable in this case due to all the ATM transaction maintained by them which dealing with all bank including Private & National Bank ATM at Mumbai.
Ultimately, the O.P. No.1, S.B.I. Mathabhanga Branch prayed for dismissal of the case with sufficient costs.
The O.P. No.2, Axis Bank, Cooch Behar Branch has contested the case by filing their written version denying all material allegation of the complaint contending inter-alia that the complainant has no cause of action to being this case and the case is not tenable in law. The main allegation of the O.P. No.2 is that the complainant used the ATM counter at Sitalkuchi, Panchayet School and the point of time of the alleged transaction vide No.6645 dated 26/04/2014 amount of Rs.10,000/- was not dispensed due to sudden power failure and/or technical error. On 27/04/2014 i.e. within 24 hours the incomplete transaction money reversal process has been completed from the O.P. No.2, Axis Bank to the O.P. No.1, S.B.I. As such the O.P. No.2 has no liability whatsoever under this Act as the claim has been settled with the O.P. No.1.
It is the case of the O.P. No.2 that in respect of sharing of ATMs with different banks, the banks have a definite laid down procedure for ATM transactions reconciliation for disputed transactions. These are laid down procedures and systems to avoid fraud and to protect the interest of customers. As per the laid down procedure, the bank of the aggrieved party should lodge a complaint with the other bank whose ATM machine was used to effect the transaction. In the present case the O.P. No.2 has already credited the funds back to the O.P. No.1, S.B.I. The O.P. No.2 also stated in their W/V that the complainant has alleged that the disputed transaction amount was credited in his account and subsequently debited. If that be this case, the complainant should have directly taken up with the O.P. No.1 for ascertaining details. For such lapses on the part of the complainant, the O.P. No.2 cannot be blamed and no liability of any sort can be fastened on this O.P. No.2
The further contention of the O.P. No.2 is that the complainant was not a customer of this O.P. No.2, although the complainant was using the ATM card issued by the O.P. No.1 at the ATM center of the O.P. No.2, Axis Bank for withdrawing money. It is to be noted that the ATM card issued by the O.P. No.1, S.B.I, Mathabhanga Branch and the complainant’s S/B account was also with the S.B.I, Mathabhanga Branch and the money withdrawn was also from the said account. By putting all this, the O.P. No.2 prayed to exonerate this O.P. No.2 from any liability of the present case also for dismissal of the case without any costs.
In the light of the contention of the complainant, the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, perused the entire documents in the record along with Evidences also heard the argument advanced by the Agents of both the parties at a length. Considered the decision cited by the parties.
Point No.1.
Evidently the Complainant has a Savings Bank Account being No.33598918082 with ATM facility in the O.P. No.1, S.B.I, Mathabhanga Branch.
So, the Complainant is consumer U/S 2(1)(d)(ii) of the C.P. Act, 1986 under the O.P. No.1 bank.
Point No.2.
The office of the O.P. No.1 & 2 banks are situated at Cooch Behar town within the Jurisdiction of this Forum and the Complaint value of this case is Rs. 60,000/- i.e. far less than the prescribed limit. Thus, we have no hesitation to hold that this Forum has every jurisdiction to try this case.
Point No.3 & 4.
It is the case of the Complainant, Earul Haque that he is a customer of the O.P. No.1, State Bank of India, Mathabhanga Branch having Savings Bank Account bearing No.33598918082 with ATM facility. The original pass book of the Complainant having savings bank account being No.33598918082 shows that the Complainant has said savings bank account in State Bank of India, Mathabhanga Branch.
It is the further case of the Complainant that on 26/04/2014 the complainant needed some money for his business purpose. So he went to the ATM counter of the O.P. No.2, Axis Bank at about 8.30 P.M. for withdrawing money of Rs.20,000/- from his aforesaid account and 1st time he successfully withdrawn of Rs.10,000/- by using his ATM Card being transaction No.6644. After few minutes when the complainant 2nd time commands for withdrawing of another Rs.10,000/- then the said ATM machine did not functioning properly, in this regard the said transaction being No.6645 was not made. But the O.P. No.1 has wrongly deducted unsuccessful transaction of Rs.10,000/- from the complainant’s account.
It is the further case of the Complainant that he informed the said matter to the O.P. No.1, S.B.I and the O.P. No.2, Axis Bank and the O.P. No.1 assured him that the said matter would be settled very soon.
It is the further case of the Complainant that subsequently the Complainant went to the O.P. No.1 and after updating his pass book he came to learn that on 28/04/2014 Rs.10,000/- was credited in his account (which was wrongly debited). But on 30/04/2014 the Complainant went to the O.P. No.1, bank to deposit money and he came to know from update pass book entry that the said deposited amount of Rs.10,000/- was again deducted from his account on 30/04/2014 without any information to him.
On perusal of the original pass book of the Complainant, we find that on 26/04/2014 Rs.10,000/- debited from the said account of the Complainant on the basis of ATM transaction No.6645 (i.e. transaction in dispute). We further find from the said pass book that on 28/04/2014 Rs.10,000/- has been credited in his said account as unsuccessful ATM Transaction Entry dated 30/04/2014 reveals that said Rs.10,017/- was set hold and entry date 10/05/2014 reveals that said Rs.10,017/- was debited from his account with entry update of 98581 by ATM TXN DTD 26/04/2014 AD. So, it is clear that disputed amount of Rs.10,000/- was debited from the account of the Complainant on 26/04/2014. It was credited back on his account on 28/04/2014 but again debited on 30/04/2014.
It is the case of the O.P. No.1, S.B.I that they have again credited said Rs.10,000/- in the account of the Complainant on 24/07/2014.
In his Written Argument the Complainant admitted the said fact. The original pass book also reveals that on 24/07/2014 Rs.10,000/- was credited in the account of the Complainant with entry ATM TXN DT 26/04/2014 REMERSED.
So, it is clear that after filing of the present case on 16/06/2014 the O.P. No.1, S.B.I deposited the dispute amount of Rs.10,000/- in the account of the Complainant on 24/07/2015 i.e. 95 days after disputed transaction.
Regarding the O.P. No.2, Axis Bank, we find that it is the case of the O.P. No.2, Axis Bank that at the point of time of the alleged transaction vide No.6645 dated 26/04/2014 amount of Rs.10,000/- was not dispensed due to sudden power failure and/or technical error. On 27/04/2014 i.e. within 24 hours the incomplete transaction money reversal process has been completed from the O.P. No.2, Axis Bank to the O.P. No.1, S.B.I. As such the O.P. No.2 has no liability whatsoever under this Act as the claim has been settled with the O.P. No.1.
In his evidence the Complainant has not made any allegation against the O.P. No.2.
We also find that the O.P. No.2 has performed their duty by returning the said money to the O.P. No.1, S.B.I within 24 hours and there is no deficiency on the part of the O.P. No.2, Axis Bank.
Evidently, the disputed amount of Rs.10,000/- was debited from the account of the Complainant on 26/04/2014 and the same was credited in his account on 28/04/2014. But again debited from the said account on 30/04/2014. Lastly it was again deposited in his account on 17/07/2014 i.e. after filing of the case.
The O.P. No.1, S.B.I has not denied the said facts but it is the case of the O.P. No.1 that everything was done by them as per instruction of National Financial Switch Centre (NFSC), which is dealing all the ATM transaction of SBI and all Private and National Bank. The O.P. No.1 has filed some correspondence between them and NFSC. But we do not find any such definite instruction from the NFSC for debiting and crediting disputed amount in savings bank account of the Complainant by the O.P. No.1 time to time.
More so, official matter between the O.P. No.1, S.B.I and NFSC is internal matter between them and the O.P. no.1, S.B.I cannot avoid his liability in depositing the deducted amount in the account of the Complainant in due time.
Accordingly, we are constrained to hold that there was deficiency in service on the part of the O.P. No.1, S.B.I and they are liable to pay Rs.10,000/- as compensation to the Complainant for mental pain, agony harassment and deficiency in service.
To be noted that deducted amount of Rs.10,000/- has already been credited in the account of the Complainant.
Thus, the case is succeeds in part.
ORDER
Hence, it is ordered that,
The present Case No. DF/37/2014 be and the same is allowed on contest but in part with costs of Rs.5,000/- against the O.P. No.1, S.B.I and dismissed on contest without any costs against the O.P. No.2, Axis Bank.
The O.P. No.1, S.B.I, Mathabhanga Branch is also directed to pay Rs.10,000/- as compensation to the Complainant, Earul Haque for mental pain, agony, harassment and deficiency in service. The ordered amount shall pay to the Complainant directly within 45 days failure of which the O.P shall pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal.
A plain copy of this order be made available and be supplied to the parties by hand/Registered post, free of cost with A/D.
Dictated and corrected by me.
President President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
