This case has arisen out of application U/s 35 of the Consumer Protection Act, 2019.
The case of the complainant is that he maintained salary savings bank account No:109003555116 with RCCB, Kanki Branch & availed ATM service in said account.
That on 05.03.2022 at about 7:30 AM he received message in his registered mobile number 9382959172 that Rs.10,000/-, Rs.10,000/-, Rs.20,000/-, Rs.1/-, Rs.5,000/-, Rs.25,000/-, Rs.4,000/-, Rs.1/- in eight times total Rs.74,002/- has been withdrawn from his account. He was shocked and surprised & informed the matter to O.P.No:1 who advised him to lodge written complaint to the bank and accordingly, he lodged a written complaint to O.P.No:1 & got the Statement of Account wherefrom it is evident that last 05 transactions have been completed through POS ATM PURCH. In the meantime his ATM card was close to himself.
That thereafter, complainant lodged written complaint on 09.03.2022 to the I.C, Chakuliya P.S & on 07.07.2022 to the S.P, Islampur Police District regarding said matter but no action has yet been taken by them.
Due to casual and negligent act of O.P.No:1 the complainant is facing financial loss of Rs.74,002/- and mental pain day by day. He requested O.P.No:1 to settle it by depositing Rs.74,002/- into his account but O.P.No:1 refused to do so. Hence, this case praying for direction upon O.Ps to pay Rs.74,002/- as claim amount, compensation of Rs.1,00,000/- for mental pain & agony and litigation cost of Rs.10,000/-.
O.P/Bank contested the case by filing W.V admitting that complainant has a salary account No:109003555116 with O.P.No:1 & he also avail ATM service in monetary transactions.
That on 05.03.2022 Rs.10,000/-, Rs.10,000/- & Rs.20,000/- in total Rs.40,000/- were withdrawn/debited from complainant’s account through his ATM card vide No:6071770100230423, mentioned in statement of A/c CSH WDL .
That on 05.03.2022 Rs.1/-, Rs.5,000/-, Rs.25,000/-, Rs.4,000/-, Rs.1/- in total Rs.34,002/- were withdrawn/debited from complainant’s account through his ATM card vide No:6071770100230423, mentioned in statement of A/c POS ATM PURCH. The complainant received messages in his registered mobile number 9382959172 with the bank.
That the complainant know the PIN Number of his ATM Card or he shared his PIN number and delivered the ATM card to any person. Without the help of ATM card transaction is not possible.
That on the part of O.P/Bank a mail was sent to Diganta Mandal a Police Personnel of Islampur Police District on 24.06.2022 to that effect with footage of ATM machine along with footage of ATM machine. There was no negligence or deficiency in service of O.P/Bank. The complainant raised a cock and bull story to get refund of money which was already spent either by him or by his near and dear ones, either he himself did all the transactions or he shared his PIN number to his near and dear one, who he or she did the same.
Points for consideration
- Whether there was/ is any negligent act or deficiency in service on the part of the O.P/Bank which gives rise cause of action to file the case?
- Whether the complainant is entitled to get relief(s) as prayed for?
D e c i s i o n w i t h r e a s o n s
Admittedly, the complainant maintained his salary-savings A/c No:109003555116 with O.P/RCCB Ltd, Kanki Branch, Dist: Uttar Dinajpur with ATM service facility.
The case of the complainant is that on 05.03.2022 at about 7:30 AM he received message to his registered mobile number 9382959172 that Rs.10,000/-, Rs.10,000/-, Rs.20,000/-, Rs.1/-, Rs.5,000/-, Rs.25,000/-, Rs.4,000/-, Rs.1/- in eight times total Rs.74,002/- has been withdrawn from his account and he was shocked and surprised & informed the matter to O.P.No:1 who advised him to lodge written complaint to the bank and accordingly, he lodged a written complaint to O.P.No:1 & got the Statement of Account wherefrom it is evident that last 05 transaction have been completed through POS ATM PURCH, but at that time his ATM card was with him and thereafter he lodged written complaint on 09.03.2022 to the I.C, Chakuliya P.S & on 07.07.2022 to the S.P, Islampur Police District regarding said matter but no action has yet been taken by them and due to casual and negligent act of O.P.No:1 the complainant is facing financial loss of Rs.74,002/- and mental pain day by day and he requested O.P.No:1 to settle it by depositing Rs.74,002/- into his account but O.P.No:1 refused to do so.
In support of his case he submits memo of evidence, written application/GDE to IC, Chakulia P.S, Uttar Dinajpur dated 09.03.2022, copy of another written complaint to SP, Islampur Police District, Uttar Dinajpur dated 07.07.2022 & xerox copy of written complaint to the Branch Manager, RCCB Limited, Kanki Branch, P.S-Chakulia, Uttar Dinajpur, dated 05.03.2022 demanding getting back Rs.74,002/- debited from his account. He also submits Statement of his said account dated 09.03.2022, for the period from 01.03.2022 to 08.03.2022 showing 08 number of debits dated 05.03.2022. He also submits 04 printed copy of CCTV footage.
The O.P/Bank submits questionnaire upon evidence of complainant/P.W.1 & he replied the questionnaires of the O.P/Bank admitting 08 times debit from his account amounting to Rs.74,002/- on 05.03.2022 but denied that such transaction was made by using his ATM Card & stated that he never shared his ATM Card PIN with anybody else, adding further that at that time he was remain busy to perform his marriage ceremony, so he came to know about the messages later & that he does not know whether O.P/Bank sent any mail to Diganta Mondal Police Personnel of Islampur Police District about the alleged transactions.
Sri Amit Kumar Chatterjee Chief Accountant-in-Charge of RCCB Limited submits memo of evidence by affidavit which is accepted as evidence of O.P.W.1 without tender, confronted by complainant through questionnaire and replied by O.P/Bank. On behalf of O.P/Bank Statement of Account, mail copy through which intimation was given to the complainant as well as Police personnel of Islampur, Police District, account connect to the mobile message of complainant and account connect to the mobile phone number of complainant are produced.
The O.P/Bank replied Question No:3 that on 05.03.2022 out of 08 times cash withdrawal 03 were done through ATM Card i.e Rs.10,000/-+Rs.10,000/-+Rs.20,000/-=Rs.40,000/- & 05 were done through POS ATM PURCH i.e Rs.1/-,+Rs.5,000/-+Rs.25,000/-+Rs.4,000/-+Rs.1/-=Rs.34,002/-.
O.P/Bank replied Question No:4,5,6&8 in affirmative that every transaction of the account of any person had been stored to the banking system of the respective bank, that every ATM transaction details had also stored to the banking system & from said system it can easily be detected from which ATM Pallor the cash was withdrawn, that O.P/Bank undertaken enquiry from which ATM pallor such amount was withdrawn & that the Branch Manager of O.P/Bank had taken action upon the complaint lodged by the complainant.
O.P/Bank replied Question No:7 that CCTV footage is auto deleted from the system after lapsing 90 days.
O.P/Bank replied Question No:9 that on 05.03.2022 Rs.1/-, Rs.5,000/-, Rs.25,000/-, Rs.4,000/-, Rs.1/- in total Rs.34,002/- were withdrawn/debited from complainant’s account through his ATM Card vide No:6071770100230423, mentioned in statement of A/c POS ATM PURCH (Point Of Sale ATM Purchase) & the complainant received messages in his registered mobile number 9382959172 with the Bank and that the complainant know the PIN Number of his ATM Card, either he personally purchased/did those transactions using his ATM Card & PIN number or he shared his PIN number & delivered his ATM Card to his near & dear one who did the same and without the help of ATM Card & confidential PIN number such transaction was/is not possible.
And that on the part of O.P/Bank a mail was sent to complainant on 25.04.2022 to the effect that on 05.03.2022 from his account Rs.74,002/- was debited and that withdrawal was done through the PIN of ATM Card vide No:6071770100230423 & out of said amount, Rs.40,000/- was cash withdrawal from his account and rest Rs.34,002/- was ATM PIN based POS transaction & through that mail footage of ATM Machine was also sent through which it is clear that transaction was done through ATM Card and O.P/Bank sent another mail to Diganta Mandal a Police Personnel of Islampur S.P Police District on 24.06.2022 to that effect & footage of ATM machine was also sent through which it is clear that transaction was done through ATM Card.
O.P/Bank replied Question No:10 in affirmative stating that on behalf of Head Office Sri Amit Kumar Chatterjee submitted his memo of evidence before this commission but replied Question No:10 in negative.
O.P/Bank replied Question No:12 stating that 04 times in a day through ATM Card without charge & 05 times in a month without charge is permissible and there is no limit in case of online transaction i.e POS ATM PURCH.
O.P/Bank replied Question No:13 stating it is a misleading question as complainant made transaction through ATM Card in a permissible limit i.e 03 times in a day and 05 times online transaction was done on that date through POS ATM PURCH.
Ld. Advocate for O.P/Bank submits xerox copy of West Bengal Co-operative Societies Act, 2006 and argued that the case is not maintainable in this Commission as per Section 102 of the Act. He pointed out Section 102(2) which runs as: Any dispute mentioned in Sub section (1) other than a dispute relating to recovery of money shall be filed before the Registrar within 03 months from the date on which the cause of action arises.
We are not in agreement with such submission as to bar of this Commission because Section 100 of Consumer Protection Act, 2019 provides that: The provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
Under above facts and discussion & basis complainant’s reply to the questionnaire of O.P/Bank we are of the opinion that the complainant himself withdraws cash Rs.40,000/- by 03 nos transaction through his ATM Card vide No:6071770100230423 using secret & confidential PIN, shown as CSH WDL and did 05 nos online transaction of Rs.34,002/- through his said ATM Card shown as POS ATM PURCH in statement of his salary account No:109003555116 with O.P/Bank & messages of all the transactions were sent to complainant’s mobile number 9382959172 registered before the O.P/Bank, but in spite of receipt of messages for gaining illegal benefit the complainant raised a cock and bull story to get refund Rs.74,002/- which was already used/spent by him and the case is concocted one. We find no negligent act or deficiency in service on the part of the O.P/Bank, so there was no cause of action to lodge this complaint and the complainant is not entitled to get relief as prayed for.
In the result the case fails.
Hence, it is
O R D E R E D
that the C.C-50/2022 be and the same is dismissed on contest against the O.Ps but without any cost.
Let a copy of this order be given to the parties free of cost.
