Orissa

Cuttak

CC/78/2015

Bijaya Chandra Routray - Complainant(s)

Versus

The Chief Manager,Indian Overseas Bank - Opp.Party(s)

M C Jena

28 Nov 2018

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.78 of 2015

Sri Bijaya Chand Routray,

Plot No.4B-1479,C.D.A Project Area,

Sector-11, Markat Nagar,Cuttack.                                                    .… Complainant.

 

Vrs.

1. The Chief Manager,

Indian Overseas Bank,Cuttack Branch(022),

Dr. P.K.Parija Road,Cuttck-753001.

 

2. The Branch Manager

State Bank of India,Cuttack Branch(00059),

Collectorate Compound, Cuttack-753002.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     01.08.2015

Date of Order:  28.11.2018

 

For the complainant          :    Mr. M.C.Jena,Adv. & Associates.

For the O.P No.1.                :   Mr. Narasingh Patra,Adv. & Associates.

For O.P No.2                          :  None.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Forum against the O.Ps for redressal of his grievances U/S-12 of the C.P.Act in terms of his prayer made in the complaint petition alleging deficiency in service on the part of O.Ps.

1. Case of the complainant in brief is that the complainant is a senior citizen and maintains a savings bank account with the Indian Overseas Bank,Cuttack Branch,the O.P No.1 and his account No.002201000023568 and hold a debit card bearing No.4221320903658828 issued by the Indian Overseas Bank as aforesaid (IFSC Code 10BA0000022).  On 4.7.14 and 7.7.14, the complainant availed the services of ATM of State Bank of India,Markat Nagar(Terminal S10B000059064) to withdraw a sum of Rs.3000/- on the aforesaid two dates through his debit card.  But on each occasion no cash was dispensed by the ATM machine of the SBI.  The transaction slips came with the noting “security-violation” and below the slips the noting was “inconvenience is regretted.”  Kindly contact your branch or call 24x7 helpline at 1800112211 or 08026599990. Photo copies of two transactions slips dt.4.7.15 & 7.7.14 filed as Annexure-1.

The complainant drew the attention of the Chief Manager,IOB,(O.P No.1) and O.P No.1 informed the complainant that after taking the matter with the SBI, the ATM Card Division has resolved that there are no pending claims with the SBI and SBI declined that the claim with reason that transaction was successful.The complainant went to the branch of O.P No.1 on a number of occasions to get this information.The Chief Manager,IOB rejected the complaint of the complainant by letter dt.1.1.2015 as communicated to the complainant.Copy of this letter dt.1.1.15 is filed as Anenxure-2.The complainant submitted a complaint before the Banking Ombudsman vide his complaint dt.23.12.14 by enclosing copies of two withdrawal slips and debit card which are filed as Annexure-3.

On receipt of the notice from the office of the Ombudsman, the O.P No.1 vide his letter dt.14.2.15 intimated to the Ombudsman the reasons of declining the claim of the complainant.Copy of letter no.14.2.15 is filed as Annexure-4.

Acting on this reply of the O.P No.1, the Ombudsman rejected the complaint of the complainant which was intimated to the complainant by letter dt.7.4.15 which is filed as Annexure-5.Rs.6000/- has been debited from the account of the complainant which fact could have been very well noticed by the O.Ps on scrutiny of the images stored in the CCTV installed in the ATM counter.This has not been done deliberately and intentionally by O.Ps.So the complainant has prayed to direct the O.Ps to pay compensation of Rs.50,000/- and further sum of Rs.6000/- with interest @ 12% per annum from the date of wrongful debit from the account of the complainant which the O.ps are liable to pay jointly and severally or pass any other order/orders deemed to be proper in the interest of justice.

2. He O.P No.2 was set exparte on 22.8.16.  O.P No.1 filed its written version on 19.7.16 stating that the complainant has a Savings Bank Account and he has been issued with a debit card.  Admittedly the complainant availed the services of the ATM of S.B.I and as per his case on both occasions no cash was dispensed with but the complainant found that the amount has been debited from his account maintained with O.P No.1.  After receiving the complaint on 2.9.2014 immediately took up the matter with ATM card division and lodged two complaints and it was intimated that the ATM Card Division has resolved that there are no pending claims with SBI and SBI declined the claims with reason that the transaction was successful and the account is debited with Rs.3000/- on each occasion.  So transaction was successful.  On receipt of the complaint, the O.P No.1forwarded a mail to their customers service department to resolve the issue.  The Transaction Banking Department, NFS Team have seen the CCTV footage, EJ Log, switch report, EOD cash balancing report and found that there is no excess cash certificate and sent a report that transaction was successful.
3. The complainant filed a complaint before the Banking Ombudsman but the Banking Ombudsman rejected the complaint and observed that the complaint is required consideration of elaborate documentary and oral evidence (Annexure-D/1 & E/1).  So there is no wrong on the part of the O.P No.1 Bank and the said bank has taken prompt steps with the SBI to resolve the issue of the complainant but the SBI record shows that the payment was successful on both the occasions.
4. We have heard from the complainant, perused the documents filed by the parties and gone through the pleadings of the parties.  Admittedly the complainant maintains a Savings Bank Account with O.P No.1 and he has been issued with a debit card as such the complainant is a consumer.  He availed the services of State Bank of India ATM on 4.7.14 & 7.7.14.  It is alleged by the complainant that though he used the ATM Card on above two occasions but the ATM of the SBI did not dispense with cash and the transaction slips came with noting “security violation and noting in the slip below that inconvenience is regretted”.  On the other hand the O.P No.1 in its written version stated that the NFS Team have seen the CCTV footage, EG log, switch report certificate, EOD cash balancing report and found that there is no excess cash certificate and as per J.P. Log the transaction was successful at the ATM.  But the O.Ps have not disputed the noting on the slip “inconvenience regretted” filed by the complainant and besides that the O.Ps have neither stated nor submitted any document with regard to presence of complainant at the time of scrutiny of CCTV footage.  We are of the view that the action of O.Ps amounts to deficiency in service and they are liable to pay compensation. Hence ordered;

ORDER

The complaint is allowed exparte against the O.P No.2 and on contest against O.P No.1.  The O.Ps are jointly and severally liable to pay Rs.30,000/- as compensation to the complainant towards mental agony and wrongful debit of Rs.6000/-  along with 8% interest per annum till the date of payment within one month from the date of receipt of the order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 28^th    day of November,2018  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                     Member (W)                                                                                                                                                                                                                                                                                                                                                                                                     (Sri D.C.Barik)

                                                                                                         President.