Date of Filing : 20.07.2011
Date of Order : 10.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 10th APRIL 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA, B.A., LLB. …….. MEMBER
CC No. 164 / 2011
Sri. T.K. Subbegowda,
S/o. Late Krishnegowda,
Chikka Thirupathi, Malur Taluk,
Kolar District. ……. Complainant
V/s.
The Manager,
State Bank of Mysore,
Malur.
(By Sri. V. Sreedhar Murthy, Adv.) …… Opposite Party
ORDER
By Smt. K.G. SHANTALA, MEMBER
The Complainant has filed the Complaint u/s. 12 of the C.P. Act, seeking refund of Rs.9,000/- that he lost while drawing from ATM machine alleging:-
He is a retired Village Accountant holding A/c. bearing No. 54031307605 with OP Bank drawing his pension money through OP Bank since 1995. Compelled by the Bank officials, the Complainant obtained ATM Card from OP Bank on 29.10.2005. On the same day, with the aid and assistance of the Security Guard posted at the ATM counter, the Complainant withdrew Rs.2,000/-. Subsequently, on 21.11.2005 the Complainant encashed Rs.1,50,000/- and deposited Rs.1,40,000/- and credited Rs.11,757- to his account and on 21.11.2005 itself for his urgent need, he went to ATM in order to draw Rs.9,000/-. He operated the ATM machine, but heard some strange sound. He pressed the red button twice, the sound did not stop. Again the Complainant pressed the same button. After some time, the sound stopped. However, the Complainant did not get cash of Rs.9,000/- that he intended to draw from the ATM machine. Immediately he informed the Security personnel Rajanna who was present in the ATM counter. The said Rajanna operated the ATM machine and removed withdrawal slip showing Rs.9,000/- from the machine and asked the Complainant to immediately go and see the Manager and give representation by enclosing the withdrawal slip. The Complainant followed his instructions. Since the Manager was not available, then the Complainant informed the Deputy Manager about the incident and that his urgent need of money. The Deputy Manager along with ATM Key took the Complainant to the cashier and asked the cashier to pay the Complainant his lost money. But, the cashier informed that since there was lot of cash in the ATM machine which would take about 2-3 hours to count, the Complainant was asked to visit the Bank after 2 days. The Manager asked the Complainant to withdraw the remaining amount from his account. The Complainant with the assistance of Bank Security personnel withdrew Rs.3,000/-. On the next day i.e., on 22.11.2005, the Complainant met the Manager and narrated the incident. The Manager assured the Complainant that the amount would be credited to him by afternoon, but did not do so. Later the Complainant was informed that his amount could not be traced. However, the Manager kept assuring that the said amount would be traced and credited (reimbursed). The Complainant got his ATM Card cancelled on 27.01.2006. The Complainant made several visits to the Bank and gave representation to the Bank Head Office, Bangalore on 15.02.2006, 16.02.2009 & 13.08.2009. As the OP failed to respond, he finally filed this Complaint.
2. On being served with notice, OP Bank appeared through Counsel and filed version admitting the Bank Account and ATM Card, but denied deficiency in service on its part. The OP contended that Complainant was not diligent in maintaining secrecy of PIN No. and had made false allegation against the OP. The OP has also taken the defence that the complaint is hopelessly barred by time.
3. On perusal of the Complaint averments, version, affidavits of both parties and documents filed, the points that arise for our consideration are:
(A) Whether the Complaint is barred by limitation ?
(B) Whether there is deficiency in service ?
(C) To what relief/s the Complainant is entitled ?
4. Our findings are:
(A) Affirmative
(B) Affirmative
(C) As per detailed order for the following reasons
REASONS
5. Point No. A - The alleged incident has taken place on 21.11.2005 and the withdrawal slip produced by the Complainant proves this fact. However, there are several letters addressed to the Bank and its Head Office from time to time which are endorsed by the Bank. The last representation made by the Complainant to the OP Bank was on 13.08.2009 which bears the endorsement of OP Bank. With each representation, there was fresh cause of action and taking 13.08.2009 as the last cause of action, the limitation would start running from that date and limitation would end on 12.08.2011. The Complainant has filed the above Complaint on 20.07.2011 i.e., before expiry of the limitation period. The Complaint is not barred by limitation. Hence, we hold this point in the affirmative.
6. Point Nos. (B) & (C) - Since point No. 1 is held in the affirmative, Point No. (B) arises for consideration. The Complaint averments indicate that the ATM Centre was manned by Security personnel belonging to OP Bank. The Complainant had time and again taken the assistance of the available Bank’s security personnel to withdraw the amount from ATM of OP Bank. After all it is the responsibility of Bank to make necessary and customer-friendly arrangements for smooth running of the ATM transactions at ATM Centre.
7. On 21.11.2005, when the Complainant approached the ATM machine to withdraw Rs.9,000/- by operating the ATM machine, he noticed some defect in the machine and as a diligent customer, he brought the same to the knowledge of the Bank personnel manning the ATM counter without any delay. When the Complainant could not get Rs.9,000/- from the ATM machine, even with the assistance of the Bank personnel, immediately reported the incident to the Bank Authorities. The Complainant did everything within his reach to recover the lost money i.e., Rs.9,000/-. Had the cashier of the Bank immediately opened the ATM machine i.e., when the Deputy Manager asked him to do so, the Bank Authorities could have traced the amount. But, the cashier showed lethargy and callousness and postponed opening of the ATM machine. There was duty cast on the cashier and other Bank Authorities to open the ATM machine, count the cash inside and verify (find out) if there was excess cash of Rs.9,000/-. By omitting to take these immediate steps in the presence of the Complainant, the Bank Authorities including the cashier deprived the Complainant from knowing where his cash had disappeared. The Complainant was in urgent need of the amount of Rs.9,000/- to repay the loan, but the Bank Authorities caused him monetary loss and harassment. This act of the cashier and that of the Bank Manager amounted to deficiency in service. Hence, we hold Point (B) in the affirmative and proceed to pass the following Order.
ORDER
1. Complaint is allowed.
2. OP shall pay Rs.9,000/- (Rupees Nine Thousand Only) with interest @ 12% P.A. from 21.11.2005 till the date of payment within 30 days from the date of this Order to the Complainant.
3. OP shall also pay Rs.2,000/- as costs of this litigation to the Complainant.
4. OP is directed to send the amount to the Complainant as ordered at (2) & (3) above by Demand Draft through RPAD and submit to this Forum the compliance report with necessary documents within 45 days.
5. Send copy of the Order to the parties concerned free of cost.
6. Return extra sets to the parties concerned under the Regulation 20(3) of Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 10th day of April 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
