Karnataka

Kolar

CC/2/2019

S.N.MuraliKrishna Roa - Complainant(s)

Versus

The Manager, SBI - Opp.Party(s)

23 Dec 2019

ORDER

Date of Filing: 07.01.2019

Date of Disposal: 23.12.2019

 

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 23^rd DAY OF DECEMBER 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

C.C.NO.02 OF 2019

S.N. Muralikrishna Rao,

Driver-cum-conductor,

S/o. Late S.N. Nagaraj Rao,

Sonaganahalli Village,

Sadali Post, Peresandra Road,

Shidlaghatta Taluk,

Chickaballapura District-562104.     

(Rep. by Sri. Subramanyam, Advocate)                        ….  Complainant.

- V/s -

1) The Manager,

State Bank Of India,

Sadali Village & Post,

Peresandra Road, Shidlaghatta

Taluk, Chickaballapura

District, PIN: 562104.

(Rep. by Sri. V.Sreedhara Murthy, Advocate)

 

2) The Assistant General Manager,

AGM, State Bank of India,

Doom Light Circle, Kolar (Circle),

Kolar, Kolar District.

(Rep. by Sri. V.Sreedhara Murthy, Advocate)

 

3) The Divisional General Manager,

D.G.M, State Bank of India,

Bangalore Circle-03, Avenue Road,

Bangalore-560009.

(Exparte)

 

4) The General Manager, G.M.,

Complaint Division-State Bank of India,

Central Office, K.G. Road,

Bangalore-560009.

(Exparte)                                                                      ….. Opposite Parties.

: ORDERS :

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT,

01.   The complaint is received by this Forum through post on 07.01.2019.  The complainant has filed the said consumer complaint against OPs and prays to direct the OPs to pay a sum of Rs.59,700/- towards his salary amount and compensation of Rs.1,20,000/- towards interest, compound interest, conveyance charges, mental agony and harassment suffered by him and prays to allow the complaint.

 

02.   The brief facts of the complainant case is that, he being the driver-cum-conductor at BMTC, Bangalore, his monthly salary was credited to his S.B. account bearing No.64040831215 at SBI, Sadali Branch.  The complainant is having facility of SMS message, cheque book and ATM card bearing No. 5046454027600022158 and obtained PIN number from the Bank and drawing the amount.  During the month of June-2016 he went to ATM counter to draw the amount and the said machine showed Error due to his ATM card is old one.  Thereafter he contacted the Manager of the Bank and enquired and submitted requisition for new ATM card.  During the month of June-2016 to December-2016 he went to Bank at Sadali Branch to get the entry in the pass-book and at that time, they stated that, printer is out of order, server problem and insufficient staff and all the efforts made by him are went in vain and he was also not receiving the messages to his mobile number.  The complainant had received the second ATM card vide No.5596010020329114 and the banker has also given the PIN number.  Thereafter he went to the ATM counter to get the amount at Sadali Branch and thereafter the said machine showed Error, he could not get money from the second ATM card and the said ATM card showing the name of one Suresh Ekambaram.  Again he went to the Bank Manager, Sadali Branch and the Manager told that, the ATM card is not yours and the PIN number is also not tallying with the SB account number.  On 06.12.2016 the complainant went to SBI, Peresandra Branch, and drawn a sum of Rs.10,000/- and given the pass-book to make entry and he came to know that his monthly salary amount in his account was empty and thereafter he lodged complaint before the higher authorities on 07.12.2016 and sent the same through post.  The bank has deducted a sum of Rs.275/- from his account for giving second ATM card.  The bank authorities have sent the ATM card to him through post belonging to some other person and the complainant’s ATM card was sent to another person and the amount from the complainant’s account has been withdrawn and cheated the complainant.  The complainant’s pass-book, cheque-book, ATM card and PIN Number is with him and in spite of that, without his knowledge some unknown person drawn the amount in his bank account and the bank officials are responsible and they have cheated him by sending ATM card belongs to another person and detailed enquiry is to be conducted.  Again on 09.01.2017 he lodged complaint before the higher authorities and sent the same through RPAD and his application has been transferred to ATM, Kolar Circle on 11.01.2017.  As the complainant did not get any relief he filed another requisition dated: 13.09.2017 for which the bank authorities sent reply to him dated: 22.09.2017 through RPAD and received the same on 14.10.2017.  In the reply letter the bank authorities have stated that, the ATM card No.4046454027600022158 and 5211100010661611 and are not issued to him and they are not with him.  Again the bank authorities have given third ATM card bearing No.6074330002550050 through post and the same was received on 14.12.2016, but the bank did not give the PIN number and he has not withdrawn the amount from the said ATM number.  On 14.03.2017 the complainant given requisition to the Manager, Sadali Branch, stating that, he will not use the ATM card and he will take the amount through cheque and he has taken the endorsement to that effect.  The higher authorities of the Bank have not given any relief to him and cheated the complainant.  On 26.12.2017, the complainant has given complaint before the Bank Lokayuktha, Bangalore, and in spite of that, he did not get any relief.  The Manager of SBI, Sadali Branch, sent letter dated: 11.04.2018 through RPAD to his address and so also he has received letter from the Bank Ombudsman.  The complainant has produced all the correspondence documents made with the OPs and requested for refund the amount and grant of other reliefs to an extent of Rs.1,20,000/-.

 

03.   The complainant has filed list of 15 documents along with the complaint i.e.,

(i) Xerox copy Epic card & Aadhar Card-Document A1 & A2

(ii) Xerox copy of pass-book – Document A.3

(iii) Xerox copy of 1^st ATM Card – Document A.4

(iv) Xerox copy of 2^nd ATM Card – Document A.5

(v) Xerox copy of complaint dt:07.12.2016 – Document A.6-A8

(vi) Xerox copy of SBI Pass-book dt:01.10.2016 – Document A.9

(vii) Xerox copy of 2^nd complaint dt: 09.01.2017 – Document A10-A.13

(viii) Xerox copy of DGMB2111/complaint dt:11.01.2017-Document-A.14

(ix) Xerox copy of 3^rd complaint dt:13.09.2017-Document.A.15-A.18

(x) Xerox copy of SBI Sadali dt: 22.09.2017 – Document-A.19

(xi) Xerox copy of 3^rd ATM Card-Document-A.20

(xii) Xerox copy of SBI, Sadali, dt: 14.03.2017-Document A.21

(xiii) Xerox copy of CR Samyuktha Banking Lokayuktha, dt:26.12.2017 – Document-A.22-A.33

(xiv) Xerox copy of SBI Sadali letter – Document-A.34-A.35

(xv) Xerox copy of Banking Ombudsman – Document-A.36-A.38.

 

04.   The OP Nos.1 & 2 appeared through their counsel and OP Nos.3 & 4 did not appear before the Forum and they are placed exparte.

 

05.   The OP No.2 has filed version by contended that, the averments made in the complaint are denied except specifically admitted.  The complainant has filed this complaint with malafide intention to enrich unlawfully.  The complainant is not entitled for any relief as prayed by him.  With respect to Para-2 of the complaint, the complainant has authorized his brother to conduct the case on his behalf is incorrect.  As the complainant has not furnished any scrap of document or power of attorney to that effect.  With respect to para-4 of the averment that, the complaint is within the period of limitation is absolutely false and incorrect.  The complaint is hopelessly barred by law of limitation.  The last transaction took place on 22.10.2016 and the complaint is not filed within the period of limitation and it deserves to be dismissed.  The averments made at Paras-5, 6, 11, 12, 15 to 19 and 27 are absolutely false and incorrect.  There is no deficiency of service on the part of OPs.  The Hon’ble Banking Ombudsman conducted meeting with the complainant on 17.05.2018.  The complainant has not given any scrap of paper so that he was working as a Driver-cum-Conductor at BMTC and admitted about the SB Bank account of the complainant with the OP No.1 snd so also admitted about the ATM card of the complainant and using the same as stated at para-9 of the complaint.  Further the OP contended that, on the request of the consumer bank may advise to obtain new ATM card.  The document No.9 i.e., copy of pass book furnished by the complainant, shows that, he is having pass book entries and with malafide intention he has filed this complaint and it deserves to be dismissed.  With respect to para-13 the complainant in spite of knowing the name of Suresh Ekambaram tried to operate the account on the same card instead of surrendering the said card and the complainant himself played fraud by using the card which is in the name of other person.  The complainant making transaction through ATM card and the entries are appeared in the pass-book and the question of complainant’s shocking does not arise.  The complainant has suppressed the material facts before the Forum.  The OPs further contended that, the PIN number is secret number which is to be maintained secretly by the person who is possessing his ATM card and in case any leakage of the PIN number then the same is responsibility of the card holder.  With respect of para-22 as admitted by the complainant the OP No.1 has given reply on 22.09.2017 and the said document shows that, all the transactions were made by the complainant through his ATM card.  The complainant received third ATM Card, but he has not received the PIN number and the complainant is having the habit of applying the cards one by one and not approached the Forum with clean hands.  With respect to Para-12 the transaction took place during 2016 the complainant has given letter to the bank on 14.03.2017.  The OP has given suitable reply to the complainant and the complainant is having the habit of writing complaints which shows the conduct of the complainant.  The Banking Ombudsman, (Karnataka) Bangalore, vide its letter dated: 07.07.2018 informed that, the complaint was closed and the complainant is not entitled for any relief as prayed.  The OP further submitted that, all the transaction took place during 2016 and the complainant has given letter to the Bank on 14.03.2017 stating that, he will not operate the ATM Card. The complainant without complaining to Cyber Crime police making correspondence through letters.  All the transactions pertaining to the account of the complainant were took place in Chelur Bagepalli i.e., near by the OP No.1 branch and the question of fraud played by the bank does not arise.  The complainant is not entitled to any relief as prayed by him and there is deficiency of service on the part of the OPs.  There is no cause of action for the complaint to file the complaint and the complaint deserves to be dismissed in the ends of justice and equity.    

 

06.   On 31.10.2019 the complainant has filed affidavit by way of examination-in-chief with documents as Annexure-1 to Annexure-15.  On 29.07.2019 one Sri. D.C. Vinay, Assistant Manager, of OP No.1 has filed affidavit evidence by way of examination-in-chief.   On 16.08.2019 the counsel appearing for OP No.1 & 2 has filed Memo with Xerox copies of 05 documents i.e.,

(i) Statement of accounts pertains to Sri.S.N. Muralikrishna Rao, vide SB A/c No.64040831215.

(ii) Statement of accounts pertains to Sri. Suresh Ekambaram vide A/c No.30365585582 at Nagalapuram Branch, Chittoor District, Andhra Pradesh.

(iii) Copy of entry showing for having received ATM card by Sri. Murali Krishna Rao.

(iv) Status of enquiry showing for having blocked the account of Sri. Suresh Ekambaram.

(v) Copy of orders passed by the Hon’ble office of the Banking Ombudsman (Karnataka) for having closed the matter.

 

07.   Heard arguments of the counsel for the complainant and the counsel for OP Nos.1 & 2.

 

08.   Now the Points that do arise for our consideration are that:-

1. Whether the complainant is within the period of limitation?

 

2.   Whether the complaint filed by the complainant is maintainable before the consumer Forum?

 

3.  What order?

 

09.   Our findings to the above points are that:-

 

POINT No.1:            Is in the Affirmative.

 

POINT No.2:            Is in the Negative.

 

POINT No.3:            As per final order for the

following:-

 

REASONS

POINT No.1:-

10.   The complainant has filed this complaint against OPs and made allegations with respect to fraudulent transaction in his SB account without his knowledge and withdrawn the amount from his SB account No.64040831215 of Sadali Branch and produced Xerox copy of the account extract as per Annexure-4, Xerox copy of the ATM Card as per Annexure-1, Xerox copy of the ATM card showing the name of Suresh Ekambaram as per Annexure-2, Xerox copies of the complaints lodged against OPs as per Annexure - 3 & 5, another complaint lodged by the complainant against AGM as per Annexure-7, Xerox copy of the reply given by the SBI, Sadali Branch as per Annexure-9, Xerox copy of the complaint lodged before the Banking Lokayuktha as per Annexure-11 and Xerox copy of the order passed by the Hon’ble Banking Ombudsman as per Annexure-13.  The OP has admitted above SB account of the complainant and the ATM card of the complainant.

 

11.   The complainant has filed this Consumer Complaint on 15.10.2018 before the Office of the Deputy Commissioner, Chikkaballapura and the same was forwarded before the Food and Civil Supplies Department, Chikkaballapura on 20.12.2018 and thereafter the said complaint has been forwarded before this Forum through post and the same was received on 07.01.2019.  On 17.01.2019 the representative of the complainant has filed Memo as he is the authorized person of the complainant to represent the case of the complainant and so also engaged the counsel and filed affidavit evidence on 10.06.2019.  On 31.10.2019 the counsel for the complainant has filed Memo stating that, he will not press the application Under Order 3 Rule 24 R/w Section 151 CPC and the said application is dismissed.  The complainant has also filed his affidavit evidence on 25.09.2019, such being so, the counsel for the OP Nos.1 & 2 has vehemently addressed his arguments with respect to the GPA and stated that, the complaint is also filed by the GPA without producing power of attorney and the complaint is not maintainable.  On perusal of the complaint the complaint is filed and signed by the complainant by himself only and not by the GPA holder. 

 

12.   In this regard, it is relevant to state here that, when the complainant himself has filed Memo to the effect that he will not press the application Under Order 3 Rule 24 R/w Section 151 CPC and the said application was also dismissed on 31.10.2019 and in spite of that, the counsel for the OP Nos.1 & 2 has addressed arguments in that regard as shooting on the dead lion and wasting the precious time of the Forum without addressing arguments with respect to limitation point though OP has taken up the said contention. 

 

13.   The complainant has stated in his complaint that, during the month of June to December-2016 he approached OP No.1 Bank on many occasions to get the entries of his pass-book and all the time they stated that, printer is out of order, server problem, insufficient staff and dragged on the matter and he has also not receiving SMS to his mobile and deprived-off the same.  During June-2016 the complainant went to ATM counter to draw the amount vide ATM card No.504645402730022158 as the said card is old one he could not withdraw the amount in view of “Error”.  The complainant contacted the Manager of the Bank and he suggested to take new ATM card and the complainant applied for the same and got new card vide its No.5596010020329114 and the bank authorities have also given PIN number and thereafter also he could not get the amount as the said ATM card is of one Suresh Ekambaram.  On 06.12.2016 the complainant went to SBI, Perasandra Branch, and draw Rs.10,000/- through cheque and given pass-book to take entry and he shocked that, there is no amount in his account and thereafter he approached the higher authorities of the bank and lodged complaint on 07.12.2016 against OPs.

 

14.   On perusal of the above said facts, the actual cause of action arise on 06.12.2016 when the complainant draw the last payment.  At this juncture it is relevant to state here that, it is the bonded duty of the Forum to see whether the complaint is filed within two years from the date of cause of action as contemplated Under Section 24A of the Consumer Protection Act, 1986.  Taking in to consideration of the said cause of action, the complainant has to file the Consumer Complaint on or before 06.12.2018.  On perusal of the complaint the complainant has filed this complaint before the Office of the Deputy Commissioner, Chikkaballapur, on 15.10.2018 and the same is forwarded to the Office of the Food and Civil Supplies, Chikkaballapura, on 20.12.2018 and thereafter the said complaint is forwarded before this Forum through post and received on 07.01.2019.  Such being so, the complaint filed by the complainant is well within time.  Hence as discussed above, the contention taken by the OPs that, the complaint is hopelessly barred by time is goes in vain and accordingly we answer Point No.1 is in the Affirmative. 

 

POINT No.2:-

15.   On perusal of the complaint, the complainant has stated that, his ATM Card and the PIN number is with him and in spite of that fraudulent transaction of withdrawal of the amount has been taken place by the OPs-Bank and the OPs have cheated the complainant.  The complainant has also stated that, as per the letter of OP dated: 22.09.2017 the ATM card No.4046454027600022158 and 5211100010661611 is not distributed to him and the same are not with him.  Further it is relevant to state here that, there are letter correspondence between the complainant and the OPs with respect to fraudulent transaction of the complainant account number, all of them are went in vain.    In this regard on perusal of the Hon’ble Ombudsman order as per Annexure-13, the complaint lodged by the complainant was closed as it require consideration of elaborate documentary and oral evidence and Banking Ombudsman are not appropriate for adjudication of such complaint. 

 

16.   On perusal of the above said material facts it reveals that, the matter requires elaborate and voluminous recording of documentary and oral evidence and it is not possible in a summary proceedings.  In this regard, we relay Hon’ble National Commission Judgment reported in 2019(3) CPR 632 wherein their lordship has held that, if the matter require extensive oral evidence and providing extensive documentary evidence then such matter cannot be decided in a summery proceedings before the Consumer Forum.  The complainant has also made allegation of fraud against OPs and it also requires voluminous evidence to prove the said allegation and the same cannot be adjudicated in the summary proceedings.  In this regard, we relay the judgment of Hon’ble State Commission, New Delhi, reported in 1993 (2) CPJ 878.  The said citations are attracted to the facts and circumstances of the case on hand. The allegation of fraudulent act committed by the OPs if any cannot be dealt by Consumer Forum and it lacks jurisdiction.  Hence under these circumstances as discussed above we answer point No.2 is in the Negative.

 

 

POINT No.3:-

17.   In view of our findings on Point Nos.1 & 2 and the discussion made thereon, we proceed to pass the following:-

 

ORDER

01.   The complaint filed by the complainant is Dismissed. 

02.   The complainant is directed to approach the Cyber Crime Police for the redressal of his grievance.

03.   Send a copy of this order to both parties free of cost.

 

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 23^rd DAY OF DECEMBER 2019)

 

 

   LADY MEMBER                         PRESIDENT