For the Complainant: In person
For the O.P: Sri S.K.Agrawal, Advocate, Bhawanipatna.
JUDGEMENT
The complainant is a customer of SBI, Main Branch, Bhawanipatna having Saving Bank Account No.20108026177. On dt.04.06.2016 the complainant used ATM Card to withdraw money from Union Bank ATM situated at Info City, Bhubaneswar for an amount of Rs.5,500/- but unfortunately the transaction was failed due to some problem occurred in ATM and the complainant could not receive the money from the ATM and in the mean while the complainant received a message from the OP Bank you’re your complaint has been attended and closed after resolution as ATM bank has confirmed this transaction as successful. But the complainant has not received the amount from the ATM of OP 2 Bank. On 8.07.2016 the complainant written a letter to the OP 1 with a copy to the OP 2 for reconciliation of statement of account but till date the above amount has not been credited to the account of the complainant. Further the complainant also written a letter to the Banking Ombudsman Bhubaneswar to take up the matter personally . Till date the complainant has neither received any response from the OP nor credited the amount which amounts deficiency in service on the part of the OP. Hence, prayed to direct the OP to credit the amount of Rs.5,500/- to the account of the complainant and direct the Op to pay compensation and other relief as the forum deems fit and proper. Hence, this complaint.
Being noticed, the OP appeared through Sri S.K.Agrawal, Advocate and files written version inter alia denying the petition allegations on all its material particulars. It is submitted by the Opp.Party that the complainant has a savings bank account bearing No.20108026177 with the OP Bank and an ATM card has been issued by the OP to the complainant. The petitioner wanted to withdraw an amount of Rs.5,500/- from his account on dt.04.06.2016 and for this he has used the ATM of Union Bank of India , Info city, Bhubaneswar branch and though the amount was debited from the his account he could not receive the amount and for this he has lodged a complaint with the OP 1 and the OP 2 informed the OP 1 that the transaction made on 04.06.2016 is successful and the on receipt of the complaint immediately the OP 1 lodge the complaint before the complaint Management system and the same was registered as Complaint No. AT 429224713314 dt.14.06.2016 and had also written a letter to the OP 2 to enquire into the matter and after the complaint Complaint Management System has also sent a reply to the complaint and has replied that the transaction was successful and the complaint was closed and this has been intimated to the petitioner and hence there is no deficiency from the side of the OP 1 and hence prayed to dismiss the case against the OP1.
FINDINGS
On perusal of the complaint petition it is an admitted fact that the complainant is having S.B. Account No. 20108026177 with the O.P Bank having the facility to draw the same through ATM counter. On dt.04.06.2016 the complainant used ATM Card to withdraw money from Union Bank ATM situated at Info City, Bhubaneswar for an amount of Rs.5,500/- but unfortunately the transaction was failed due to some problem occurred in ATM and the complainant could not receive the money from the ATM
The O.P. contended that on receipt of the complaint immediately the OP 1 lodge the complaint before the complaint Management system and the same was registered as Complaint No. AT 429224713314 dt.14.06.2016 and had also written a letter to the OP 2 to enquire into the matter and after the complaint Complaint Management System has also sent a reply to the complaint and has replied that the transaction was successful and the complaint was closed and this has been intimated to the petitioner and hence there is no deficiency from the side of the OP 1. We do agree with the contentions of the OP but when the complainant has reported the matter regarding non receipt of withdrawn money from the ATM and he has also filed a complaint before the Banks Ombudsman, it is the duty and responsibility of the O.P Bank to provide the CCTV footage of that particular time so that the fact of withdrawn and receipt of amount could be find but the O.Ps failed to provide the same and this sort of negligence on the part of the O.P Bank is absolutely amounts to deficiency in service.
It is reasonably believed that the complainant who is holding a responsible post as P.A to Collector and who has immediately raised complaint about not receiving the withdrawn amount to both the Opp.Parties and even ombudsman cannot raise false complaint particularly when the amount is also very small. If he had an intention to raise a false complaint, he had withdrawn a higher amount. Receipt of the amount can only be proved through C.C.TV footage which as stated earlier the OP has not filed.
In the present case the O.Ps have not produced the footage of CC TV of the disputed transaction to substantiate their case which is supposed to be available with them. Hence, it is believed that due to defect or failure of net the complainant could not receive the withdrawn amount of Rs.5,500/- to which the O.P. bank is liable to refund/ credit to the account of the complainant and they can not escape from their liabilities. The O.P. bank has issued ATM card for providing better facility to their customer and to lesser their work load but they forget the side effect by not providing adequate security and C.C TV camera in the counter this type of incidents are happening for which the customers like complainant suffers a lot. Hence in view of the aforesaid facts and circumstances of the case, we hold the action of the O.P bank are deficient in their service for which they are liable to refund the loss amount of the complainant. Hence to meet the ends of justice, the following order is passed.
ORDER.
In the result with these observations, findings, discussions the complaint petition is allowed partly on contest against the O.Ps.
The O.Ps ordered to refund/credit Rs.5,500/- to the S.B. Account of the complainant with usual bank interest from the date of withdrawal till realization. There shall be no order as to costs and compensation.
The O.P is ordered to comply the above directions within 30 days from the date of receipt of this order failing which the complainant is at liberty to file execution proceeding as laid down in the C.P.Act for realization of the same from the O.P..
Pronounced in open forum today on this 19th day of March,2018 under the seal and signature of this forum.
Member Member President
Documents relied upon:
By the Complainant:
- Copy of Transaction Enquiry
- Copy of ATM withdraw slip(not legible).
