Complainant/petitioner was issued an ATM-cum-Debit Card by virtue of his having a Salary Account with the opposite party i.e.

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respondent bank.  The said Card was lost on 25.07.2009.  Petitioner tried to contact the customer care and toll free numbers but there was no response.  26.07.2009 was Sunday.  Petitioner approached his home branch on 27.07.2009 and lodged a complaint.  He got assurance that there is no need to worry and was issued a new ATM Card on 01.08.2009.  Subsequently, petitioner came to know that sale worth Rs.79,890/- was made during 25.07.2009 to 29.07.2009 using the earlier ATM-cum-Debit Card.  Alleging deficiency in service on the part of the respondent bank in not stopping the functioning of the lost ATM Card, complainant filed the complaint before the District Forum seeking a direction to the respondent to pay Rs.79,890/- along with Rs.2 Lac as compensation.

          District Forum allowed the complaint and directed the respondent bank to pay to the complainant Rs.79,890/- with Saving Bank rate of interest from 25.07.2009 within one month of the receipt of copy of the order, failing which the amount was to carry interest              @ 10% p.a.

          Respondent being aggrieved filed the appeal before the State Commission which set aside the order passed by the District Forum. 

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It was held that the Card was stolen on 25.07.2009.  Respondent bank was informed on 27.07.2009 and the transaction of the purchases on that Card had been made between 25.07.2009 to 27.07.2009.  Since the purchases had been made between 25.07.2009 to 27.07.2009 i.e. before informing the bank, respondent bank was not liable to reimburse for the purchases made on that Card.

          Aggrieved by the order passed by the State Commission, petitioner has filed the present revision petition.

          Counsel for the petitioner has drawn our attention to Annexure P-3 (page 19), i.e., Statement of Accounts which shows that five transactions were made on 28.07.2009 and one transaction on 29.07.2009.  State Commission has not taken note of the fact that the transactions subsequent to 27.07.2009 had also been made on the lost Debit Card.  Since these five transactions had taken place on 28.07.2009 and one transaction on 28.07.2009, i.e., after respondent being informed about the loss of the Debit Card, respondent is liable to reimburse for the purchases made on the Card on 28.07.2009 and 29.07.2009.  Order of the State Commission is modified.  Respondent

is directed to reimburse to the complainant/petitioner for the following transactions made on the lost ATM Card amounting to Rs.28,848/- made on 28.07.2009 and 29.07.2009:

28.07.2009                4213683799014483            1537.50          75663.50

                                    /92………/37990

28.07.2009                4213683799014483            6700               68963.50

                                    /92………/37990

28.07.2009                4213683799014483            6770               62193.50

                                    /92………/37990

28.07.2009                4213683799014483            3240               58953.50

                                    /92………/37990

28.07.2009                4213683799014483            6700               52253.50

                                    /92………/37990

29.07.2009                4213683799014483            3900               48353.50

                                    /92………/37990

Revision petition is partly allowed.  Order of the State Commission is modified to the extent indicated above.

          Respondent bank is directed to pay a sum of Rs.28,848/- to the petitioner/complainant with Saving Bank rate of interest from July 25, 2009 along with interest @ 9% p.a.  No order as to costs.