Orissa

Sundargarh

CC/17/2019

Sanjay Kumar Gupta - Complainant(s)

Versus

The Chief Manager, SBI, Main Branch, Sundargarh - Opp.Party(s)

Smt. Kalpana Maity, Adv.

08 Dec 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUNDARGARH-I

Consumer Case No- 17/2019

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sanjay Kumar Gupta,

S/O-Bhanju Kumar Gupta,

R/O-Patrapada, Ps-Sundargarh-Town,

Dist-Sundargarh, Odisha.                                    ………..…. .Complainant.

Vrs.

1. The Chief Manager,

          SBI, Main Branch, Sundargarh,

          Near Hospital Chowk, Ps-Town, 

          At/Po/Dist- Sundargarh, Odisha.

2. ATM Controlling Officer,

          SBI, Main Branch Sundargarh, Near Hospital Chowk,

          Ps- Town,

           At/Po/Dist- Sundargarh, Odisha.

3. Regional Manager,

          SBI, Rourkela,

         B-62, Sector-5, Rourkela,

          Dist- Sundargarh-769004.                                …............... .Opp. Parties.

Counsels:-

1. For the Complainant                   :-Smt. K. Maity, Advocate & Associates
2. For the O.P.1                                :- Sri. D.K. Patel, Advocate & Associates
3. For the O.P. No.2 & 3                 :- Ex-parte

 

Date of Filing:01.12.2019,Date of Hearing :10.11.2022, Date of Judgement : 08.12.2022

           Presented by Sri. Sadanada Tripathy, MEMBER,

1. The case of the Complainant is that the Complainant is a customer of the O.Ps having his A/C No. 30361492373 at S.B.I, Main Branch Sundargarh and the Complainant has been operating & made his transaction of account through the ATM card vide No. 5196190252356433. The Complainant had gone for his urgent work to Kolkata on dtd. 27.11.2018. He stayed at Kolkata from 28.11.2018 to 30.11.2018. On dtd. 29.11.2018, while he had purchased some articles from the shop at Kolkata at that time a message has been displayed in his mobile that an amount of Rs. 20,000/- has been withdrawn from his account through ATM. The Complainant astonished that the ATM card in his pocket but the message has been displayed on mobile screen that the amount has already been withdrawn any unknown person at D. Cabin Road, Rourkela. On 30.11.2018 an another message was displayed on the mobile, an amount of Rs. 10,500/- has been withdrawn by any unknown person at Bisra Chowk ATM, Rourkela. The total amount of Rs. 30,500/- was withdrawn by unknown person from his account. The Complainant had informed to nearest S.B.I, Balis Road, Kolkata regarding illegal drawal of money from his account & submitted his ATM card before the Branch Manager, S.B.I, Hawrah Kolkata. The Branch Manager of S.B.I, Balis Road Branch suggested the Complainant to file F.I.R in nearest police station at Howrah. Accordingly the Complainant lodged his F.I.R before the Bantra Police Station, Howrah vide FIR No. 1532 dt. 30.11.2018. The Complainant  retuned from Kolkata on dtd. 30.11.2018 by train and lodged a complain to the Chief Manager, S.B.I, Main Branch sundargarh on dtd. 01.12.2018. The OP No. 1 has already received the information from the Complainant but no action has not been taken by the OP No. 1. The Complainant so many times had gone to the OP No. 1 & 2 but no action has been taken by the OP No. 1 & 2 which amounts to gross deficiency of service and unfair trade practice. The Ops are providing account number along with ATM card to the Complainant for better security to operating his transaction. But without ATM card how the money was withdrawn by any other person for which the ATM card issued by the Bank is flack and fabricated. It is primary duty of the Ops to investigate the matter and verify the CC TV footage to know the person who has withdrawn the money from the ATM Rourkela. The OPs remained silent to look the matter of the customer for which the Ops are liable.
2. The O.Ps  No. 2 & 3 set exparte and the Written Version of the O.P No. 1 is that any unknown person withdraw an amount of Rs.20,000/- on dtd. 2911.2018 and Rs. 10,500/- on dtd. 30.11.2018 but he has not mentioned the time of withdrawal. The Complainant is not a regular user of ATM and in his account average monthly balance was Rs. 2000/-. On dtd. 26.11.2018 the complainant deposited an amount of Rs. 25,000/- through cash machine. The Complainant is a careless person because when he received message on   dtd. 29.11.2018 for withdrawal of Rs. 20,000/- from his account he must be made report the matter to block his card, because after every withdrawal a message asked to the account holder that if he had not made transaction to call and block card. So the server of ATM behaves that transaction on dtd. 29.11.2018 and 30.11.2018 are as usual because it was withdrawn from the district Sundargarh. They have received the complaint from the Complainant but when the OP ask the Complainant to submit his grievance in SOP format the Complainant refused to do this. After receiving complaint in SOP Ops have taken every steps to get the truth. The OP repeatedly called the Complainant to his registered mobile to lodge his complaint as per latest guideline a SOP has been prescribed by the bank for redressal of this type of issue. But the Complainant has never responded the call for which lastly the OP sent registered letter to the Complainant to submit his grievance in latest SOP format. Without receiving SOP from the aggrieved person OP cannot enquire the matter for issue of privacy. Now the Police have not completed the investigation, so the OP cannot proceed further until completion of investigation. The OP is a nationalized bank and the property of the bank is public property. The Complainant has willfully neglected to submit SOP, if any fraud took place. During every banking transaction in ATM, message will be sent to the account holder that if you not done the same transaction then immediately contact with a specific number or you can call for block your card. To protect the public money the bank has taken all steps to find out the culprits and return the hard earning money of the Complainants. There is no unfair Trade practice nor any deficiency in service from the side of the Bank.
3. From the version and submission of the parties it is found that the Complainant is a consumer of the O.Ps having his A/C No. 30361492373 at S.B.I, Main Branch Sundargarh . The Complainant has intimated the matter in nearby SBI branch and as per the suggestion of the Branch Manager, SBI Kolkata, lodged FIR at Kolkata in time. The Complainant has also lodged a complain to the Chief Manager, S.B.I, Main Branch sundargarh on dtd. 01.12.2018 within three days as per RBI guideline. As per RBI Guideline, It is the duty of the Bank  to return the money to the account of the customer if complaint is made in between 3 to 7 days. Also, if financial fraud takes place due to contributory fraud or negligence of the bank, the customer enjoys zero liability regardless of whether or not the unauthorised transaction complaint is lodged with the bank. So the deficiency in service of the Opposite parties found. Accordingly it is ordered.

                                                                                         ORDER

The Complaint Petition filed by the Complainant is allowed on contest and the O.Ps are directed to deposit an amount of Rs. 30,500/- towards illegal withdrawal amount to the Complainant. The O.Ps are further directed to pay Rs. 50,000/- towards compensation to the Complainant and Rs. 5,000/- towards cost of the proceeding within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 8^th day of Dec, 2022.

Free copies of this order to the parties are supplied.

I agree,

                                                                                                                 

 (Dr. R.K. Satapathy)                                                                 (Shri. S.N. Tripathy)      

   PRESIDENT                                                                                     MEMBER                                                                                     

 

 

           

                                                            Dictated and Corrected

                                                                             by me.

                                                                            

                                                               (Shri. S.N. Tripathy)         

                                                                     Member