Order No. -31 Dt.-07/05/2015
Smt. Bina Choudhuri, Member
The instant complaint has been filed u/s 12 of the C.P. Act 1986 praying for awards of Rs.50,000/-+ Rs.10,000 on account of mental pain, agony, stress and strain and for litigation cost alongwith interest@ 10% p.a. and for a direction upon the O.P. Banks to refund back the sum of Rs.20,000/- to the account of the complainant.
The case of the complainant , in brief, is that the complainant has a savings bank account with State Bank of India, Jalpaiguri Branch, Club Road, vide S.B. A/C no.11188225098 and ATM card no. 6220180009500014908.
It is stated by the complainant in her complaint that on 26/11/2012 she in her dire necessity and her mother went to her nearest ATM counter of Union Bank of India, Jalpaiguri Branch at or within 2.30pm to 3.00pm as there was no SBI counter near to the complainant’s house.
It is also stated that the complainant and her mother sweeped her ATM card in teller machine 8(eight) times but she received only Rs. 17,000 in cash in three different times, first time Rs.2000/-, 2nd time Rs.10,000/- and fourth time Rs. 5,000/-. But third, fifth and sixth time no money had come out from the taller machine. But the computer generated account statement came out from the Teller Machine showed that Rs.10,000/-+ Rs.10,000/-has been withdrawn and debited from the account of the complainant in third and sixth time but no amount has been received by the complainant. It is also stated that as per accounts statement and after updating of passbook accounts shows that complainant had withdrawn from her account a total sum of Rs.37,000/-.
It is also stated that the complainant and her mother immediately rushed to the O.P.no.2, Union Bank of India for non-payment of the aforesaid Rs.20,000/- as shown in the account statement of the Teller Machine of the Bank. But the O.P.2 bank refused to take any complaint saying that since complainant is the account holder of State Bank of India, Jalpaiguri Branch, the dispute should be taken up by the SBI/O.P.1 and not by O.P.2. So the complainant lodged a complaint on the same day with the ATM officer SBI, Jalpaiguri Branch and also registered her complaint in automatic Toll Free center of the O.P.no.1 on 26/11/2012 and 29/11/2012 vide ticket no. AT2926973045, AT42927012934 , AT42927012914. The O.P.1 (SBI) send message and replied, “Dear Sir/Madam, your complaint ;has been attended to and closed after resolution. To know more detail contact the Branch or call toll free number.”
Further the complainant lodged complaint on 06/03/2015 with the ATM officer of O.P.no.1 (SBI) but he replied that the computer shows that her transactions were successful and ATM section of SBI has nothing to do with this matter.Thereafter she again lodged a complaint on 07/05/2013 for redressal and went to the Siliguri office of O.P. No.2 but no action was taken by them.
Hence this case.
The O.Ps. Bank nos. 1 and 2 appeared and filed their respective written version denying all material facts as alleged by the complainant but it is admitted fact that the complainant is a Savings Bank account and ATM card holder of O.P. No.1 bank.
The O.P.1 stated in his Written Version that the standing instruction given by the bank/RBI the ATM card is very much personal equipment and the card holder always use it personally and carefully and the ATM card is non-transferable but the complainant violated the standing instructions of the RBI.
The O.P.no.1 also stated in his W/V that the statements mentioned in para 5 to 8 of the complaint is fruit of negligence of O.P.no.2. and also stated that the complainant has not come with clean hands and files this case with ulterior motive hiding actual facts of her loss. So he prays for dismissal of the case with compensatory cost.
The O.P.2 Union Bank of India by filing W/V stated that it is not correct that the complainant has received Rs.17,000/- and it is also not correct that the petitioner has not received balance amount Rs.20,000/-. It appears from the documents of the O.P.2 that the complainant has received total amount of Rs.37,000/-. It is also stated that the complainant and her mother never met to the O.P. No.2 and the allegations against O.P.no.2 are false and concocted. The complaint has received Rs.37,0000 so question of wrong deduction from her account doesn’t arise at all. The O.P. States that the complaint was lodged before O.P.1 after long lapse of time on 06/03/2013, if the complaint was lodged before the O.P.1 within 26th February 2013 i.e within 3 months from the date of occurance then the defect could be visible in C.C.TV footage. But after 3 months CC TV footage have been destructed automatically. So nothing can be investigated by O.P.no.2 after lapse of three months. .
It is also stated by OP.no.2 that all allegations stated against him by the complainant are all false and concocted and denied by him and there is no deficiency of service on the part of O.P.no.2.
POINTS FOR CONSIDERATION.
- Is the case maintainable as alleged ?
- Was there any deficiency of service on the part of O.P. No.1 and 2 as alleged?
- Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
All three points are taken up together for consideration and decision for the sake of convenience.
We have gone through the record i.e. Complaint petition, xerox copies of documents filed by the complainant, written versions, W/A filed by the O.P. No.1 and 2 and also heard the arguments advanced by the Ld. Lawyers of both parties.
It is admitted fact that the complainant is a holder of Savings Bank Account being no. 11188225098 with the State Bank of India, Jalpaiguri branch, Jalpaiguri having ATM card being no. 6220180009500014908 which is being used by her.
The main contention of the complainant is that she went with her mother on 26/11/2012 to ATM counter of Union Bank of India, Jalpaiguri Branch at or within 2.30 to 3.00 pm and she and her mother sweeped her ATM card in Taller Machine 8 times but she received only 17,000/- in cash in three different times, first time Rs.2000/-, 2nd time Rs.10,000/- and fourth time Rs.5,000/- but the 3rd time, 5th time and 6th time no money had come out from the taller machine. The computer generated account statement came out from the Taller machine shows that Rs.10,000/- + Rs.10,000/- has been withdrawn and debited from the account of the complainant 3rd and 6th time but no money has been actually received by the complainant. As per account statement as well as after updating of passbook accounts of the complainant shows that she had withdrawn from her account a total sum of Rs.37,000/-. Complainant and her mother immediately brought to the notice of the O.P.banks regarding the aforesaid matter but they refused to take any complaint. Thereafter she lodged a complaint to the ATM office SBI, Jalpaiguri Branch on that date but no result. Further, she lodged complaint on several occasions to the O.P. Banks 1 and 2 to refund back to her account the money i.e. Rs.20,000/- wrongly deducted from her account but no action has been taken from their end.
But O.P. 1 submitted that the complainant has not come before the Ld. Forum with clean hand and violated the standing instruction given by the bank/RBI for security and safety of the identity of the ATM card and confidential pin nos. As the card is very much personal equipment and it is non-transferable. The O.P.1 had saddled his responsibility upon O.P.2.
The O.P.no.2 denies all allegation levelled against him by the complainant and stated that it appears from the document that the complainant has received total amount of Rs.37,000/- and there is no question of wrong deduction from her account. It is also stated by the O.P.no.2 that after long lapse of time on 06/03/2013 the complainant lodged O.P.no1, if the complaint be lodged before O.P.no.1 within 26th February 2013 i.e. Within 3 months from the date of occurance then any defect can be visible in the CCTV footage, after 3 months the CCTV footage have been destructed automatically. So nothing wrong can be investigated by O.P.no.2. If complaint be filed in due time then the matter ought to have inform by the O.P.no.1 to O.P.no.2. So there is no deficiency of service on the part of O.P.no.2
We have perused all the documents (xerox copies) filed by the complainant being annexure A to H, we observed that the complainant is a SB Account holder and ATM card holder of SBI Jalpaiguri and passbook shows that on 26/11/2012 the money was debited six times from the account of the complainant. It also reveals from the attached JP Log copy dt. 05/12/2012 and 06/12/2012 that six times transactions were successful so they will not be able to give credit to the customer.
Now we concentrate on the several xerox copies of the written complaints lodged by the complainant.
It transpires from the complaint dt. 07/05/2013 lodged by the complainant to the Chief Manager SBI, Jalpaiguri Branch, whereas he stated that she personally went to UBI ATM Counter , Jalpaiguri Branch to withdraw money from her SB Account of SBI with her ATM card on 26/11/2012 and sweeped her ATM card 8 times in Teller Machine but in the complaint dt.01/06/2013 where she stated that she sweeped her ATM card six times only. But it transpires from the written complaint dt. 31/05/2013 the complainant stated different story to the Manager, Union Bank of India O.P.no.2 where she stated that “ On 26/11/2012 my mother Sabitri Choudhury had been to UBI ATM counter Jalpaiguri Branch to withdraw money vide ATM card, issued by SBI, Jalpaiguri Branch , in my name Gagari Choudhury. I have SB A/C no.111882250987, my ATM card no.622018000950014908. Due to some confusion, my mother used the machine some 8 to 9 times. At last to my mother’s utter surprise, she found that debit of Rs.37,000/- is being shown in the withdrawal receipt through she received only Rs.17,000/- in cash”. From the aforesaid three written complaints lodged to the O.P. Banks, it clearly shows that the complainant has violated the standing instruction of RBI by disclosing the confidential pin no. and by handing over the ATM card to third person i.e. to her mother, who is an unauthorized person here and her mother went to withdraw money by using the aforesaid ATM card alone. But in the complaint petition the complainant stated that she along with her mother went to withdraw the money to the ATM counter of UBI Jalpaiguri Branch on that date.
During operation of the aforesaid ATM card by her mother what incident happened actually in the ATM counter of UBI is not possible to judge here without going through the CCTV footage of the ATM counter of UBI on the alleged date and time of incident, as the CCTV footage already destroyed after statutory period of 3 months. So the story of the complainant is absolutely false and concocted.
Therefore we find that there is no deficiency of service on the part of O.P. Nos.1 and 2 as because it appears from the record that the transactions were successful. So considering all the material facts as discussed we are of opinion that the complainant has hopelessly failed to prove her case against the O.P. No.1 and 2 and accordingly the complainant is not entitled to get any relief as prayed for.
All points are disposed of .
In the result the case/application fails.
Hence, it is
O R D E R E D
that the case i.e. application u/s 12 of C.P.Act stands dismissed on contest but in the circumstances we make no order as to cost.
Let copy of this final order be supplied to the parties free of cost forthwith in terms of Rule.5(10) of West Bengal Consumer Protection Rules 1987.