BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY

C.C.No.5/2016

Dated this the  13^th  day of September 2017

(Date of Institution: 21.01.2016)

M. Vijayarangam, son of Manjini                      

No.53-B, Kamban Street,                

Radhakrishnan Nagar, Ariyankuppam

Pondicherry – 605 008.

….     Complainant

vs

The Branch Manager,                          

State Bank of India                           

Mudaliarpet Branch                                        

Pondicherry – 605 004.

                                       ….     Opposite Party

BEFORE:

          THIRU.A.ASOKAN, B.A., B.L.,

          PRESIDENT 

Thiru V.V. STEEPHEN, B.A., LL.B., 

MEMBER

Tmt.  D. KAVITHA,  B.A., LL.B., 

MEMBER

FOR THE COMPLAINANT:  Thiru B. Shanmugam, Advocate    

FOR THE OPPOSITE PARTY:  Thiru R. Sivaraman,  Advocate

O R  D  E  R

(by Thiru A. Asokan, President)

              This is a complaint filed by the complainant u/s 12 of Consumer Protection Act for directing the opposite party to pay a sum of Rs.11,589/- towards stolen amount from the account of the complainant; to pay a sum of Rs.4.50 lakhs as compensation for the mental agony and for costs of this complaint. 

2.  The case of the complainant is as follows:

The complainant is one the customer of opposite party having savings Bank Account No. 30761363034 and maintaining the same.  The complainant had also been given ATM Card by the opposite party to take money from ATM and he is utilizing the same.  On 6.5.2015 when the complainant was operating his ATM card to take money at ATM Centre, to his shock and surprise, his amount had been taken / stolen, upon the mini statement, it is found that on 8.4.2015 a sum of Rs.11,589/- had been taken from the account of the complainant.  Either this complainant or his representative had not been taken the said amount from his account by any means but after search through "O" Crime, it is found that the said amount had been debited by one concern namely WS Retail Services Private Limited, Ozone Manay Tech Park, N.56/1, B Block, 9^th Floor, Garvebhavipalaya, Hosur Road, Bangalore 560 068 towards purchase of mobile by one Sajadali of New Delhi.  The complainant further stated that due to deficiency in service of opposite party in carrying out and maintaining the system of computers such theft had been done and hence, the opposite party is responsible for the said illegal act.  The complainant approached the opposite party after receipt of all information from Ciber  Crime, but the opposite  party did not take any action and hence, the complainant issued a legal notice dated 28.09.2015 to the opposite party, but there was no response by them even after receipt of the same.  Hence, the complainant sufferer mental agony, strain, depression and therefore filed this complaint. 

3. The reply version filed by the opposite party briefly discloses the following:

          The complaint is not maintainable either in law or on facts.  The opposite party stated that the complainant is having a Savings Bank Account No. 30761363034 with their bank and that the security system of the OP bank is the best one in the country.  The opposite further stated that the transfer of money from the account holder shall be made (a) once the account hold intends to purchase any article through online then the security system shall seek for secret PIN number; (b) once the account holder opens his account through online for purchase of article then one time password shall be messaged on account holder's mobile number and by type the same money shall be debited from the account.  That on 08.04.2015 a sum of Rs.11,580/- had been debited from the complainant savings account by purchase of article through Flipkart internet private limited which shall be made only through online with one time secret password message sent to complainant's mobile number and typed him the same transfer of money can be debited from the complainant account.  Further, the operation of ATM  can made only with secret PIN Number which known by the complainant as other else, no one can transfer or take money from any account.  Further, State Bank of India duly alerts the account holders including the complainant not to reveal the secret ATM PIN Number to anybody and due to lack of awareness, the complainant revealed the ATM PIN Number to some strangers, by which the complainant has lost his money.  This opposite party further stated that the complainant having knowledge about value of the PIN Number, without his knowledge nobody know his PIN Number.  Hence, there is no any deficiency in service on the part of opposite party.  Hence, prayed for dismissal of the complaint. 

4. The complainant himself examined as CW1 and marked Exs. C1 to C7.  On the side of opposite parties, one T. Ramani, Branch Manager was examined as RW1.  However, no documents have been marked. 

5.       Points for determination are:

1. Whether the Complainant is the  Consumer?
2. Whether the opposite party attributed deficiency in service as alleged by the complainant?
3. To what relief the complainant is entitled for?

6.  Point No.1:

          The complainant is having a Savings Bank Account with the opposite party's bank from 2.8.2012 and is availing services from the OP vide Ex.C1 the passbook .    Hence,  the complainant is considered to be a consumer as against the opposite party.

          7. Point No.2:

The complainant alleged that he is having a Savings Bank Account with the OP Bank and also he is using the ATM card issued by the OP Bank.  On 6.5.2015 the complainant noticed that a sum of Rs.11,589/- had been taken from his account on 8.4.2015 and upon search through Cyber Branch, he came to know that one Sajadali from New Delhi had purchased a mobile phone from a Bangalore Based company through online purchase and the amount was debited in the complainant's account vide Ex.C2.  The complainant further alleged that due to deficiency in service by the OP Bank such amount had been debited in his account.  The complainant further stated that he complained the same with the OP Bank, but they had not taken any steps.  Therefore, the complainant issued a legal notice dated 28.09.2015 vide Ex.C3.  Even though the same was acknowleged by the OP, they have not give any response for the same, hence, the complainant suffer mental agony and thereby filed this complaint claiming to recredit the amount of Rs.11,589/- and compensation of Rs.4,50,000/-. 

8. The Opposite Party in the reply version admitted that the complainant was having Savings Bank Account in their Bank. It was also admitted that he was issued an ATM Card. The OP alleged that on 08.04.2015 a sum of Rs.11,580/- have been debited from the complainant's savings bank account by purchase of article through Flipkart Internet Private Limited which shall be made only through online with one time secret password message sent to complainant's mobile and by typing the same by him, transfer of money can be debited from the complainant's account.  Further alleged that due to lack of awareness, the complainant revealed the ATM PIN number to some strangers, by which the complainant has lost his money.  Hence, there is no deficiency in service on the part of OP and prayed for dismissal of the complaint. 

          9. This Forum carefully perused the materials available on record and the submissions made by the Counsels for both. Undisputedly, the complainant was having Savings Bank Account No.30761363034 with OP Bank and also there is no dispute about the issuance of ATM Debit card by the OP Bank.  While issuing an ATM Debit Card, a secret PIN number will be given to the Cardholders for their personal use and the same shall be known only to the Cardholder and was strictly confidential.  The OP Banker will give advise to the customers, the card holders not to disclose the PIN to another even to the Bank Officers.  On perusal of the evidence given by the complainant as CW1, has stated that "It is true that on issue of ATM Card by the Opposite Party, the secret PIN number shall be issued to me which is known to me alone".  Hence, from the above, this Forum observed that the complainant was very much known about the use of the card.      

          10. Further, in general, everybody knows that PIN Number of an ATM Cardholder should not be disclosed to anybody else.  In this regard, awareness also given by the banks concerned and by police also.   The complainant himself stated that he is working as Conductor, hence, he also might have known the above standard instruction.  Despite having such knowledge, the complainant himself admitted in his cross examination that "One Phone call from some third person stated as State Bank of India asked me the Secret PIN number to renewal, therefore, I conveyed the secret PIN number to them.  Immediately regarding the above said issue, I did not visit the Branch Manager regarding the renewal of my ATM card as per the telephone conversation by the third party."   From the above version, this Forum observed that the complainant had only given the PIN Number to some third person who in turn misused the same.  Further, soon after receipt of such call the complainant had not made any complaint either to the Branch Manager or to the Police.  Hence, the complainant himself failed to perform his statutory obligation by making a complaint to the OP Bank or to the Police.  Further, as aforesaid, the ATM Card, could only be used, if the customer inputs his personal four digit identification number.    In this case, admittedly the complainant disclosed the same to some stranger who misused the same and purchased a mobile from a Bangalore based company through online and the amount was debited from the complainant's account.  To fortify the above contentions, the Branch Manager of OP Bank who was examined as RW1 before this Forum has stated that "It is not possible to take money from the ATM by using the cell phone number.  But, transaction can be completed with One Time Password received at the registered mobile number of the customer".  Hence, this Forum found that for the mistake committed by the complainant, the OP Bank cannot be held liable and therefore, it is held that the OP has not committed any deficiency in rendering their service.  Thus, the complaint lacks merits and therefore, the complainant is not entitled for any relief and the complaint is liable to be dismissed. 

11. POINT No.3:

            In view of the discussions made supra, this complaint lacks merits and hence, dismissed. 

Dated this the 13^th day of September 2017.

1. ASOKAN)

PRESIDENT

(V.V. STEEPHEN)

   MEMBER

(D. KAVITHA)

   MEMBER

COMPLAINANTS' WITNESS:  

CW1           20.05.2016           M. Vijayarangam

OPPOSITE PARTY'S WITNESS:  

RW1           05.12.2016           T. Ramani, Branch Manager

COMPLAINANT'S SIDE DOCUMENTS:

OPPOSITE PARTY'S EXHIBITS:   NIL

LIST OF MATERIAL OBJECTS:  NIL

1. ASOKAN)

PRESIDENT

(V.V. STEEPHEN)

   MEMBER

(D. KAVITHA)

   MEMBER