Date of Filing : 12.10.2011

  Date of Order : 03.04.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 3^rd APRIL 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

Smt. K.G.SHANTALA, B.A., LLB.                    ……..     MEMBER

CC No. 207 / 2011

Sri. R. Rajappa,

S/o. Ramaiah,

Kuduvathi Village, Nandi Hobli,

Chikkaballapur Taluk & Dist.

(By Sri. A.N. Gowda, Adv.)                                    ……. Complainant

V/s.

The Branch Manager,

State Bank of Mysore,

Chikkaballapur Branch,

Chikkaballapur.

(By Sri. V. Sreedhara Murthy, Adv.)                       …… Opposite Party

ORDER

By Sri. H.V. RAMACHANDRA RAO, PRESIDENT

The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay to the Complainant Rs.56,000/- are necessary:

Complainant is working as an Attender and had S.B. Account with the OP and ATM Card.  On 27.07.2010, he withdrew Rs.1,500/- at 10.07 AM, but on the same day Rs.36,000/- was wrongly debited to his account which he has not drawn.  As per the advice of the OP, Complainant lodged complaint on 28.07.2010.  As nothing has happened, Complainant gave police complaint on 30.07.2010.  OP failed to trace wrongful withdrawal amount nor produced the CCTV footage.  Notice was issued to OP on 06.08.2010, but OP has not replied.  Hence this complaint.

2.       In brief version of OP are:

Complainant is not a consumer.  On 27.07.2010, Complainant has withdrawn Rs.1,500/- is true.  Complainant gave complaint on 28.07.2010 and notice dtd. 06.08.2010 is admitted.  On 27.07.2010, Complainant made several transactions out of which 2 times he has withdrawn the amount and one time he had deposited the amount.  Accordingly, he has withdrawn Rs.36,000/- on that date.  Even according to the ATM journal log print, transaction of Rs.36,000/- is complete.  All the allegations to the contrary are denied.

3.       Parties have stated pleading and the documents be read as their evidence. Arguments were heard.

4.       The points that arise for our consideration are:

          (A)     Whether there is deficiency in service ?

          (B)     What order ?

5.       Our findings are:

          (A)     Negative

          (B)     As per detailed order for the following reasons

REASONS

6.       Reading the pleadings in conjunction with the documents on record, it is an undisputed fact that the Complainant is having S.B. Account No. 54039334165 with the OP and also ATM Card.  It is also an admitted fact that on 27.07.2010 Complainant had drawn Rs.1,500/- at 10.07 AM from ATM of OP.

7.       Complainant has stated at Para-3 of the Complaint which reads thus:

The Complainant further submits that on 27.07.2010 he has withdrawn an amount of Rs.1,500/- at 10.07 AM, but at the same day Rs.36,000/- was wrongfully withdrawn from his account.

That means on 27.07.2010 at 10.15 AM somebody had drawn the money from his account.  If somebody else has drawn the money from his account, how can the OP be liable for it.  Complainant only has his ATM Card and password and nobody else.  Without ATM Card and password, nobody can use the ATM and draw the money.  Here as admitted by the Complainant that on 10.15 AM, ATM Card has been used and amount has been drawn.  That means it is owing to the negligence of the Complainant himself the amount has been withdrawn from his account by somebody. Even if the case of the Complainant is true, then how can the OP be held liable for it.  Without Complainant leaking his password or giving password nobody can use the ATM Card of the Complainant. Even if the amount is drawn by any third party, it is owing to negligence of the Complainant himself, for which we cannot blame the OP. Hence, there cannot be and there is no deficiency in service.  Hence, we hold the point accordingly and pass the following order:

ORDER

1.       Complaint is dismissed.

2.       Send copy of the Order to the parties concerned free of cost.

3.       Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 3^rd day of April 2012)

T. NAGARAJA          K.G.SHANTALA           H.V.RAMACHANDRA RAO

    Member                         Member                                       President

SSS