Date of Filing:15.04.2008 Date of Order:18.07.2008 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 18TH DAY OF JULY 2008 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 957 OF 2008 Sri Udayadri S/o. Rajathadri S. MIG 70, 4th Main, 6th Cross KHB Colony, Basaveshwaranagar Bangalore 560079 Complainant V/S 1. The Chairman State Bank of Mysore Head Office, Avenue Road Bangalore 560 002 2. The Assistant General Manager State Bank of Mysore Dr. Ambedkar Veedhi Bangalore 560 001 Opposite Parties ORDER By the President Sri. S.S. Nagarale This is a complaint filed under section 12 of the Consumer Protection Act. The facts of the case are that, on 2/6/2007 complainant had withdrawn Rs. 5,100/- from State Bank of Mysore ATM, Basaveswaranagar Branch. On verification of account statement he found that an amount of Rs. 5,000/- and another amount of Rs. 5,100/- was debited in his account on the same day. Complainant brought this to the notice of opposite parties orally and also through letter. The opposite parties have not taken any action to rectify the mistake. Complainant submitted that he has not withdrawn Rs. 5,000/- on 2/6/2007 from ATM. Several cases reported in the media that due to technical problem this type of error occurs. The complainant issued legal notice through the advocate to opposite parties. The opposite parties have submitted untenable reply. Hence, the complainant left with no other alternative filed this complaint. 2. Notice issued to opposite parties. Opposite parties put in appearance through advocate and filed defence version stating that, after verification, it is found that there was two transactions on the same day. It is submitted by the opposite parties that, the records available with the Bank shows that on 12/6/2007 complainant has withdrawn sum of Rs. 5,000/-. It is submitted that, SBM, Basaveshwaranagar Branch has sent copy of JB log, it shows an amount of Rs.5,100/- is a successful transaction. Therefore, the opposite parties requested to dismiss the complaint. 3. Arguments are heard. 4. The point for consideration is:- Whether there was a deficiency in service on the part of opposite parties? ORDER 5. It is an admitted case of the parties that, the complainant is having ATM Card of SBM bearing No. 50464500220003294. The complainant is also having SB A/c with the opposite party No.2 Bank. The complainant has produced statement of account. As per the account statement on 2/6/2007 two withdrawals of Rs.5,000/- and another withdrawal of Rs. 5,100/- has been shown through ATM card of the complainant. It is the case of the complainant that he has not drawn Rs. 5,000/- and Rs. 5,100/- is the only successful transaction. Another entry of Rs. 5,000/- on 2/6/2007 is an error and therefore, it is a mistake. The complainant informed the matter to the Bank and he has also given letter to the Bank informing the error. The opposite parties have produced JP log. On perusal of this JP log on 2/6/2007 at 19-28 hours there was a withdrawal of Rs. 5,100/- from the debit card of the complainant. This transaction is a successful transaction and in account of statement also the withdrawal of Rs.5,100/- is shown. So, this can be accepted reflecting the true state of affairs. As regards another withdrawal of Rs.5,000/-, there is no entry in the JP log produced by the opposite parties Bank itself. The burden is on the opposite party Bank to show that withdrawal of Rs.5,000/- on 2/6/2007 was a successful transaction. But the opposite parties Bank has not produced JP log to show that on 2/6/2007 the complainant has withdrawn Rs. 5,000/- on his ATM card. So, in the absence of production of JP log it can safely be held that the debit entry of Rs.5,000/- in the account statement is n error and it does not reflect correct facts. The opposite parties have taken defence in para-4 of the defence version that as per the Bank records on 12/6/2007 the complainant has withdrawn sum of Rs. 5,000/-. This statement of the opposite parties is incorrect. Because no Bank records is produced to show that on 12/6/2007 the complainant has withdrawn Rs. 5,000/-. As per the account statement on 12/6/2007 Rs. 786/- is debited in the account of the complainant. Therefore, the defence taken by the opposite parties is absolutely incorrect. The opposite parties Bank has miserably failed to establish that withdrawal of Rs. 5,000/- shown in the account statement was a successful transaction. The case made out by the complainant that he has not received Rs. 5,000/- through ATM debit card on 2/6/2007 shall have to be accepted. Since the opposite parties have failed to prove by producing JP log that withdrawal of Rs. 5,000/- was a successful transaction. Therefore, the case of the complainant has to be accepted. The opposite parties must be ordered to reverse back Rs.5,000/- to the account of complainant since the debit entry of Rs.5,000/- on 2/6/2007 is a wrong entry. The complainant is also entitled for the costs of the present proceedings. In the result I proceed to pass the following:- ORDER 6. The Complaint is allowed. The opposite parties are directed to reverse back Rs. 5,000/- to the SB A/c of the complainant immediately. The complainant is also entitled to Rs. 2,000/- as costs of the present proceedings from the opposite parties. The opposite parties are directed to comply the order within 30 days from the date of this order. 7. Send the copy of this Order to both the parties free of costs immediately. 8. Pronounced in the Open Forum on this 18TH DAY OF JULY 2008. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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