In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.02/2011.
1) Arun Kumar Mandal
Q-367/3, Mudiali Road, P.S. Metiabruz, Kolkata-24. ----------- Complainant
---Versus---
1) The Manager, State Bank of India,
Taratala Industrial Estate Complex Branch (7026),
P-1, Taratala Road, P.S. Taratala, Kolkata-88.
2) The Manager, State Bank of India,
24/1/1, Alipore, Road, P.S. Alipore, Kolkata-27.
3) The Manager, State Bank of India,
Samriddhi Bhavan, 1st Floor, 1, Strand Road,
P.S. Hare Street, Kolkata-1. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 22 Dated 16-09-2013.
The case of the complainant in short is that complainant had an account being S/B A/C no. 00000030929375053 and an ATM card no.6220180702600023023 in the State Bank of India, Taratala Industrial Estate Complex Branch (7026), P-1, Taratala Road, P.S. Taratala, Kolkata-88 and this account of SBI is his salary account.
Complainant states that on 28.4.10 at 9-46 hrs. the complainant has checked the balance of his above said account at the Alipore (Marine Eng. Col.) ATM counter and saw AVAIL BAL Rs.21,661/-.
On 28.4.10 the complainant has received a message in his mobile phone no.9883204421 such as ‘debited INR Rs.20,000/- on 28.4.10 CSH WDL’.
Complainant states that immediately he has complained it to the Manger, State Bank of India, Taratala Industrial Estate Complex Branch (7026), P-1, Taratala Road, P.S. Taratala, Kolkata-88 and it has been taken as T. No.AT7026194101 by the said SBI but till date the Manager of the said SBI or any other else has given no relief regarding the above said dispute at all to the complainant.
The balance has been checked at 9-46 hrs. and the act of this theft has been done at 9-47 hrs. where as the message has been served on so late i.e. at 13-34 hrs on the same date i.e. 28.4.10. Hence it may be called one of the deficiencies of service on the part of the o.ps. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the dispute is in connection with the ATM withdrawal. It is an admitted position that ATM Pin is being kept with the complainant himself and nobody can know the same unless the same is being shared by the complainant himself and somebody else. Man may make mistake, but machine cannot and this is the prevalent legal position so far as withdrawal of ATM amount is concerned.
In view of the above position and on perusal of the entire materials on record we are constrained to hold that the complainant has failed to prove his case and he is not entitled to relief.
Hence, ordered,
That the case is dismissed on contest without cost.
