Complaint filed on: 14-12-2012
Disposed on: 31-05-2014
BEFORE THE BENGALURU IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BENGALURU URBAN DISTRICT, NO.8, 7TH FLOOR, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BENGALURU – 560 052
C.C.No.2439/2012
DATED THIS THE 31st MAY 2014
PRESENT
SRI.J.N.HAVANUR, PRESIDENT
SRI.H.JANARDHANA, MEMBER
Complainant: -
Sri.Somnath.G.K,
S/o. Sri.Kallappa,
Aged about 58 years,
Residing at Judicial Layout,
Kanakapura road,
Bangalore
V/s
Opposite party:-
The Manager,
State Bank of Mysore,
K.G.Road Branch,
Cauvery Bhavan,
Bangalore - 01
ORDER
SRI.J.N.HAVANUR, PRESIDENT
This is a complaint filed by the complainant against the opposite party (hereinafter called as OP), under section 12 of the Consumer Protection Act, 1986, praying to pass an order, directing the OP to refund Rs.40,000=00 with interest at 18% per annum from 20-6-2012 till realization, to pay a sum of Rs.50,000=00 as compensation, to pay a sum of Rs.10,000=00 towards cost of proceeding and other relief as deemed fit, the interest of justice and equity.
2. The brief facts of the complaint can be stated as under.
The complainant is having SB account in the OP bank bearing account no.30109877215. The complainant is working as District and Sessions Judge and is now posted as 29th Addl. City Civil Judge (CCH-7) at City Civil Court, Bangalore. On 17-6-2012 the amount of Rs.10,000=00 was withdrawn from the SB account of the complainant at Canara Bank branch and Rs.10,000=00 was withdrawn similarly on three vacations to the same tune of Rs.10,000=00 at Canara Bank branch, the total sum of Rs.40,000=00 withdrawn un-authorizedly. The complainant wrote a complaint to the OP Bank for illegal withdrawal of Rs.40,000=00 of Rs.10,000=00 denomination at four times on the same day. The OP after receipt of the complainant registered the complaint as complaint no.AT 42925342207 and directed the complainant to approach the concerned branch of the OP, and further informed the complainant that the system has closed their complaint. Thereafter the complainant approached the concerned branch and enquired about the status and process of the registered complaint and the OP bank assured that an illegal withdrawal of Rs.40,000=00 by use of ATM at four times would be looked into. On 1-1-2012 the complainant approached the OP bank then the OP assured that the steps will be taken for refund of Rs.40,000=00 and thereafter repeated requests were made to the OP for refund of the same. In spite of repeated reminders and request the OP bank has not all considered and acted upon the complaint given by the complainants, so the complainant has left with no other option has instituted the present complaint. It is an admitted fact that the bank is service provider and the complainant is a consumer, if statement of accounts at annexure-C on 20-6-2012 is looked in to the withdrawals of Rs.10,000=00 on four vacations at Canara Bank, Bangalore is reflected without showing on which branch or place of Canara Bank the amount is withdrawn, but in the earlier withdrawals from 7-5-2012 to 17-05-2012 the name and place of the ATM branch from where the amount is withdrawn in clearly shown, but the withdrawals of 20-6-2012 the name and location of ATM branch is not shown deliberately. It is an important to note that the complainant has been in possession of his ATM card through-out and till date, the ATM card is with the complainant, if this is so where is the question of withdrawing of Rs.40,000=00 at four times at un-known and anonymous branch of Canara Bank. The complainant never withdrew Rs.40,000=00 at any point of time on 20-6-2012. Hence the present complaint is filed.
3. After service of the notice, the OP has appeared through its counsel and filed version, contending interalia as under:
The complaint of the complainant is not maintainable either in law or on facts. There is no deficiency of service on the part of the OP, so the complaint is liable to be dismissed. The complainant has not issued notice prior to filing this complaint. The averments made in para no.1 to 3 of the complaint need no comments. The averments made in para no.4 of the complaint are totally false and incorrect. The complainant maintained a SB account bearing no. 30109877215 in State Bank of India, Mangalore branch till 23-6-2012 and his account was transferred only on 23-6-2012 to OP bank branch and the complainant’s account was in Mangalore branch as on the date of transaction on 20-6-2012. The averment made in para no.6 of the complaint are partly true and as per the records maintained by the OP, the withdrawals are made on 20-6-2012 and not on 17-6-2012 as wrongly stated in the complaint. As per the ATM statement the said withdrawals were successful using the complainant’s ATM card. The OP has not received any written complaint from the complainant but considering the complainant’s designation, the OP assisted the complainant to register the complaint as it is compulsory and procedural and tried to complete the formalities. The averments made in the para no.8 of the complaint are partly true and the extent that the complainant approached the OP and enquired about the illegal withdrawals orally and all other averments that the OP assured to refund the money are totally false and baseless and far from truth. The averments made in the para no.10 to 12 are false and the complainant is put to strict proof of the same. As per the records the complainant maintained an SB account bearing 30109877215 in the SBI, Mangalore branch till 23-6-2012 during which the withdrawals were made on 20-6-2012. The ATM card of the complainant was used on 17-6-2012 to withdraw amounts at SBI ATM Doddakallasandra at Bangalore. Three transactions of Rs.10,000=00 each have been withdrawn on 17-6-2012. Similarly the complainant’s ATM card was used to withdraw four transactions of Rs.10,000=00 each at Canara Bank (Koramangala) Bangalore ATM. The ATM card of the complainant was used to withdraw Rs.40,000=00 on 20-6-2012. These transactions were made using his ATM card and PIN number given to the complainant and all the transactions are reported successful in the Switch Centre report log and Journal Print log dated 20-6-2012. SBI ATM card can be used at other bank ATM’s for withdrawal of maximum of Rs.10,000=00 only per transaction. Thereafter the complainant approached the OP and on the oral request made by the complainant, the OP considering his designation helped the complainant to register the complaint at the ATM’s separate wing and based on that, the complainant has received the telephonic messages. The OP has looked into the complaint and found the transaction successful and bank has given the JP log and complaint resolution copy as evidence of transaction having taken place using the ATM card of complainant, thereafter the complainant has not approached the OP. The OP has acted on the complaint promptly by contacting the Canara Bank and got confirmation of successful withdrawal transaction using the ATM card of complainant on 20-6-2012. Since the transaction taken place at Canara Bank ATM they have called for CCTV footage of 20-6-2012, but they have not received the CCTV footage from the Canara Bank and they got confirmation from Canara Bank that the ATM ID 08880037 is of Koramangala, Canara bank ATM at Bangalore. The allegations made in the complaint that an amount of Rs.40,000=00 has been withdrawn un-authorizedly and the OP is responsible to pay the amount are not true and correct. The cardholder is initially allotted a computer generated four digit PIN which will be in a secured and sealed envelope. The card holder is advised in his own interest to change his PIN to any other four digit number of his/her choice. The card is issued on the condition that the bank bears no liability for the unauthorized use of the card and this responsibility is fully of the cardholder. The cardholder should also forward a copy of the FIR lodged with the police station concerned in case the card has been stolen /misplaced/not traceable. It is not the case of the complainant that he lost his ATM card. If the complainant is in possession of the ATM card it is not possible to conduct any transactions without the card and knowledge of the PIN. There is no fault, shortcoming or deficiency of service on the part of the OP and the OP is in any way responsible for making good the amount as claimed in the complaint, so it is prayed to dismiss the complaint with cost.
4. So from the averments of the complaint of complainant and version of the OP the following points arise for our consideration.
1. Whether the complainant proves that, there is fault, shortcoming or deficiency of service on the part of the OP, in making withdrawal of Rs.40,000=00 on 20-6-2012 un-authorizedly at Canara Bank, ATM Koramangala branch as stated in the complaint?
2. If point no.1 is answered in the affirmative, what relief, the complainant is entitled to?
3. What order?
5. Our findings on the above points are;
Point no.1: In the Negative
Point no.2: In view of the negative findings on the
Point no.1, the complainant is not entitled to any relief as prayed in the complaint
Point no.3: For the following order
REASONS
6. So as to prove the case, the complainant has filed his affidavit by way of evidence and produced three documents along with list dated 14-12-2012. On the other hand, Prakash Kalluraya, Branch Manager of OP has filed his affidavit on behalf of the OP and produced SBI (ATM) terms and conditions, four copies of complaint filed to the OP, CJ log, customer ATM transaction, monthly customer transaction sheet and transaction enquiry sheet of complainant. We have heard the arguments of both parties and we have gone through the oral and documentary evidence of both sides in between lines.
7. One Somnath.G.K, who being the complainant has stated in his affidavit that, he is having SB account in the OP bank bearing account no.30109877215 and he is working as District and Sessions Judge and is now posted as 29th Addl. City Civil Judge (CCH-7) at City Civil Court, Bangalore. On 17-6-2012 the amount of Rs.10,000=00 was withdrawn from the SB account of the complainant at Canara Bank branch and Rs.10,000=00 was withdrawn similarly on three vacations to the same tune of Rs.10,000=00 at Canara Bank branch, the total sum of Rs.40,000=00 withdrawn un-authorizedly. He wrote a complaint to the OP Bank for illegal withdrawal of Rs.40,000=00 of Rs.10,000=00 denomination at four times on the same day. The OP after receipt of the complaint registered the complaint as complaint no.AT 42925342207 and directed him to approach the concerned branch of the OP, and further informed him that the system has closed their complaint, and he approached the concerned branch and enquired about the status and process of the registered complaint and the OP bank assured that an illegal withdrawal of Rs.40,000=00 by using ATM at four times would be looked into. Again on 1-1-2012 he approached the OP bank then the OP assured him that the steps will be taken for refund of Rs.40,000=00 to his SB account, and he made repeated requests to the OP for refund of the same. In spite of repeated reminders and request the OP bank has not all considered and acted upon the complaint, so he has left with no other option but to file the present complaint. It is an admitted fact that the bank is service provider and he is a consumer. If statement of accounts on 20-6-2012 is looked in to the withdrawals of Rs.10,000=00 on four vacations at Canara Bank, Bangalore is mentioned without showing on which branch or place of Canara Bank the amount is withdrawn, but in the earlier withdrawals from 7-5-2012 to 17-05-2012 the name and place of the ATM branch from where the amount is withdrawn is clearly shown, but the withdrawals of 20-6-2012 the name and location of ATM branch is not shown deliberately. It is an important to note that the complaint has been in possession of his ATM card through-out and till date, the ATM card is with him, if this is so where is the question of withdrawing of Rs.40,000=00 at four times at un-known and anonymous branch of Canara Bank. In fact, he never withdrew Rs.40,000=00 at any point of time on 20-6-2012. Due to deficiency in service rendered and breach of representation by the OP, he suffered and still suffering both financially and mentally. So the OP is liable to pay the compensation for the same. So he prayed to allow the complaint and grant relief as prayed for.
8. Let us a have look at the relevant documents of the complainant. Document no.1 of the complainant list dated 14-121-2012 is the copy of SMS sent to the complainant’s mobile for registering the complaint and that document disclose that the complainant’s complaint has been attended by the competent authority, hence it is closed in the system and in order to get the details, the complainant is asked to contact the branch. Document no.2 consists of copy of statement of account for a relevant period i.e. 20-6-2012 on four vocations at Rs.10,000=00 each. The copies of account statement of complainant produced by the complainant shows that, on 20-6-2012 an amount of Rs.10,000=00 each was withdrawn by using ATM card in Canara bank ATM, Bangalore. Remaining documents are the copies of ATM card of complainant
9. At this stage, it is relevant to have a cursory glance at the material evidence of the OP. One Prakash Kalluraya, Branch manager of OP has stated in his affidavit that, the complainant maintained a SB account bearing no. 30109877215 in State Bank of India, Mangalore branch till 23-6-2012 during which the withdrawals are made on 20-6-2012. The ATM card of complainant was used on 17-7-2012 to withdraw amounts at SBI ATM, Doddakallasandra at Bangalore. Three transactions of Rs.10,000=00 each have been withdrawn on 17-6-2012. Similarly the complainant’s ATM card was used to withdraw four transactions of Rs.10,000=00 each at Canara Bank (Koramangala) Bangalore ATM. The ATM card of the complainant was used to withdraw Rs.40,000=00 on 20-6-2012. These transactions were made using the complainant ATM card and PIN number and all the transactions are reported successful in the Switch Centre report log and Journal Print log dated 20-6-2012. SBI ATM card can be used at other bank ATM’s for withdrawal of maximum of Rs.10,000=00 only per transaction. Thereafter the complainant approached the OP and helped him to register the complaint at the ATM’s separate wing and based on that, the complainant has received the telephonic messages. It is pertinent to note that, during this period the complainant account was still in Mangalore branch and subsequently the complainant’s account was transferred to OP branch. The OP has looked into the complaint and found the transaction successful. The OP has acted on the complaint promptly by contacting the Canara Bank and got confirmation of successful withdrawal transaction using the ATM card of complainant on 20-6-2012. They have called for CCTV footage of 20-6-2012, but they have not received the CCTV footage from the Canara Bank and they got confirmation from Canara Bank that the ATM ID 08880037 is of Koramangala, Canara bank ATM at Bangalore. The amount of Rs.40,000=00 has not been withdrawn un-authorizedly and the OP is not responsible to pay the amount. The ATM card facility is given on the certain terms and conditions. The card is issued on the condition that the bank bears no liability for the unauthorized use of the card, this responsibility is fully of the cardholder. There is no fault, shortcoming or deficiency of service on the part of the OP, so the complaint be dismissed with cost.
10. The OP has produced SBI terms and conditions in respect of ATM card wherein under heading the PIN it is stated as under: “Please remember that an unauthorized person can access the ATM services 0n the card holder’s account if he gains the card and the PIN the card therefore should remain in card holder’s possessions and should not be handed over to anyone else. The card issued on the condition that the bank bears no liability for the unauthorize use of the card, this responsibility is fully that of the card holder”. Next four documents of OP are email correspondences between the complainant and OP bank on 2-7-2012 and 5-7-2012 these correspondences go to show that the complainant has lodged the complaint on 2-7-2012 from Mangalore stating that he has not used the ATM card but amount debited, kindly look into the matter and to that it is replied that representation has been received from the acquiring bank on 4-7-2012 for the captioned transaction and they will not be able to give credit to the customer, please find the attached CJ log copy. The copies of CJ log produced by the OP makes it clear that on 20-6-2012 at 11.37 to 11.42 withdrawal transactions took place and amount of Rs.10,000=00 each was withdrawn from SB account of the complainant, having recorded no.1384, 1385, 1386 and 1387 showing the actual balance. The customer transaction and monthly customer transaction sheet produced by the OP are also showing withdrawn of Rs.10,000=00 each on 20-6-2012 from SB account of complainant by using ATM card and PIN code and copy of deposit transaction enquiry in respect of SB account of complainant is produced wherein we have found that on 17-6-2012 the complainant has withdrawn Rs.10,000=00 three times by using his ATM card from ATM branch of Koramangala. So also the said document reveals that, on 20-6-2012 four times at the rate of Rs.10,000=00 each was withdrawn by using ATM card and PIN number from Canara bank ATM, Bangalore and these transactions were successful transaction. The said document of the OP go to demonstrate clearly that as on the date of alleged transaction i.e. on 20-6-20012, the complainant account was in Mangalore branch and his account has been transferred to Bangalore only on 20-6-2012. The moment the complainant has made the complaint about withdrawal of the amount Rs.10,000=00 four times from his account on 20-6-2012, the OP has made an enquiry immediately and informed the complainant that these transactions were made by using ATM card and PIN code and these transactions were successful transaction and accordingly supplied CJ log and copy of resolution copy showing the transaction has taken place by using his ATM card duly. The OP has acted on the complaint of complainant promptly by contacting the Canara bank and got confirmation about successful withdrawal of the amount by using ATM card of complainant on 20-6-2012. As per the terms and conditions of the SBI ATM card produced by the OP, it is manifest that, the card holder is allotted secret PIN code number and it is known to only cardholder and this number is not known to the bank and bank bears no liability for un-authorized use of card and this responsibility is fully on the cardholder as per the terms and condition of the ATM card of SBI.
11. The oral evidence of employee of OP that, the transaction in question is successful transaction by using ATM card and PIN number of complainant and the OP is not responsible stands corroborated by the terms and conditions of ATM card of OP, EJ log, customer transaction, monthly customer transaction sheet and account extract of complainant produced by the OP. On the other hand the evidence of that the complainant transaction made on 20-6-2012 by using his card is un-authorized and the OP bank is responsible and there is deficiency of service on the part of the OP is not countenanced by clear and tangible documentary evidence. The complainant who being the ATM holder of OP has not explained satisfactorily how his secret PIN number of ATM was disclosed to the third person and made four transaction successful on 20-6-2012.
12. So making careful scrutiny of the oral and documentary evidence of both parties placed before the forum we are of the considered opinion that, the oral and documentary evidence of OP are more believable trustworthy and acted upon than the material evidence of complainant. In fact, we do not find any fault or shortcoming or deficiency of service on the part of the OP in making withdrawal of the amount on 20-6-2012 by using ATM card and secret pin code of complainant and as such we are of the view that, the complainant who knocks the door of this forum seeking relief has failed to prove this point with convincing material evidence and that OP is negligent and there is deficiency of service on the part of the OP in making withdrawal of the amount on 20-6-2012 by using his ATM card and PIN number un-authorizedly, and accordingly, we answer this point in a negative.
13. In view of our negative finding on the point no.1, the complainant is not entitled to any relief as prayed in the complaint. So, we answer this point in a negative. In the result, for the foregoing reasons, we proceed to pass the following order.
ORDER
The complaint of the complainant is hereby dismissed. No cost.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 31st day of May 2014).
MEMBER PRESIDENT
