SMT. RAVI SUSHA  : PRESIDENT

      Complainant filed this complaint under sec.35 of the Consumer Protection Act 2019 ,for getting an order directing opposite party  to refund Rs.15,000/- in the account of the complainant together with Rs.2,00,000/- towards  compensation  for the  mental and physical agony caused to him.

  Brief facts of the case are that the complainant is a business person, during business travels, he used his  Debit card of SBI , thus upon returning from Tamil Nadu on 16/12/2021, he attempted to withdraw Rs.15,000/- at the Vandipettu ATM counter the SBI Madurai branch, despite entering correct details and the PIN number, the complainant did not receive the requested amount, encountering a session timed out message on  the screen.  After waiting for a period, the complainant confirmed the cancellation.  Urgently needing money, he went to a nearby Canara bank ATM  at 2.10 P.M and withdrew  Rs.10,000/-. Subsequently the complainant discovered a successful withdrawal of Rs.15,000/- from his  account.  However , by that time he  travelled half way to Kerala, making it difficult to report the matter before the police station and the concerned SBI branch promptly.  His health issues, age and lack of knowledge led to delays in reporting the incident to the bank.  On 19/12/2021, the complainant initially registered a complaint with the customer care of the  relevant branch.  Following this, on 20/12/2021, they personally met with the OP and submitted a written complaint.  The OP persuaded the complainant to patiently wait for a refund within two to seven working days. Subsequently , several times  the complainant revisited  the OP bank to reiterate and submit  his complaint, In an effort to seek a prompt resolution and provide  a detailed account  of the situation, the  complainant also sent a written  e mail complaint  to the head office  of OP, despite undertaking all these initiatives.  No solution has been provided .  Hence this complaint.

     After receiving the notice, OP entered appearance and filed version stating that from the  electronic records maintained by  the OP, the transaction No.2684 done with the ATM card ending with No.4729 issued to the complainant was successful .  The transactions prior to  and subsequent to the  transaction No.2684  were successful transactions.  The cash balance report from 5/12/2021 to 18/12/2021 also shows there was no excess cash ion the ATM machine.  The certificate from the SBI Madurai also certified that as per the electronic journal print log the transaction No.2684 was a successful transaction and as per the branch ATM replenishment –cum- cash verification records “ No excess cash was found in the machine”.  It is submitted that the complainant is thus making false allegation that he did not receive cash from the ATM on 16/12/2021. It is also possible that the complainant left the ATM counter without actually waiting  for the ATM dispenser to open and take the cash and the next customer who came to withdraw cash  got  cash from the machine.  If he has not received cash from the ATM  he should have immediately lodged a complaint before the  OP, but the complainant contacted  this OP only on 20//12/2021.  The complainant also deliberately failed to report the matter to the Madurai branch of  SBI so that they could have either reported the matter with the concerned police station or to contact the persons who had used the ATM after the complainant.  The transaction Nos.2695 and 2687, immediately made after the  transaction No.2684 were successful.  The complainant was grossly negligent in using the ATM card for which the OP bank is not responsible or liable.  The transaction record generated by the ATM is conclusive and binding on the complainant.  There is no deficiency  in  service on their part, hence prayed for the dismissal of the complaint.

   Complainant  filed his proof affidavit and documents. Examined as PW1. Marked Exts.A1 to A6. On the side of OP the Bank Manager of OP bank filed his chief affidavit and examined as DW1.  Exts.B1 to B7 were marked.

   Complainant  alleged that when  he attempted to withdraw Rs.15,000/- at the  Vandipettu ATM counter of SBI Madurai branch after entering  correct details and PIN number, complainant did not receive the amount, showing  a message on the screen as “session Time out”.  Subsequently he went to a  nearby Canara Bank ATM and withdrew Rs.10,000/-.  After that he had noticed that a withdrawal of Rs.15,000/- from his account.  Further alleged that though the complainant , complaint about the  loss of Rs.25,000/-, from his account, OP had not made any arrangements to refund the lost amount Rs.15,000/- to his account .

   On the other hand OP bank submitted that the electronic journal(Ext.B1) dtd.16/12/2021 generated by ATM No.SINN000869198 using ATM card No.451560116524729, by MC Joseph(complainant)TXN No.2684 reveals withdrawal of Rs.15,000/-. Response code 000. And the transaction was successful.  Ext.B1 also reveals that TXN No.2683 and TXN No.2685 the prior and subsequent transactions also were successful.  Which means, there  was no error in the working condition of ATM machine.  It is also submitted that the certificate from SBI Madhurai (Ext.B4 ) also certified that as per the electronic journal print  log the transaction No.2684 was a successful  transaction  and as per the branch ATM Replenishment –cum- cash verification records (Ext.B5) “No excess cash was found in the machine”.

The learned counsel of OP submitted that electronic journal dtd.16/12/2021(Ext.B1) and ATM machine Breakdown Certificate(shows machine was operational) were not  challenged by the complainant, while cross-examining OP(DW1).  OP also submitted that CCTV footage marked as Ext.B7.  From Ext.B1 and Ext.B6 OP proved that the ATM machine was operational and the transaction done by the complainant, prior and subsequent to that also were successful.  Here as an  experienced person in  using the ATM card, if his attempt was failure and did not receive the amount and subsequently  withdrawn cash from his account, he should have immediately lodged a complaint  either SBI branch near to the ATM machine in dispute or to the branch when he had taken  account   ie OP bank.  It is seen that he had made complaint to OP bank  only on 20/12/2021.  Complainant failed to submit any  document to show that the machine was in error during his transaction.  On verification of the E-mail messages, also reveals that OP bank had replied that cash Rs.15,000 /- was withdrawn.  OTP is 7550 through ATMID SNG000869198 from SBI Acct 8994.

   Complainant had not taken any steps  to file complaint before police to find out the culprit in connection with the transaction in dispute.  Through Exts.B1, B6& B7, OP proved their contention.

   Complainant’s learned counsel submitted an order in case No.391/2016, pronounced by this commission on 18/11/2019, in which OP bank failed to produce the CCTV footage on the relevant date and also on verification of account statement, there was discrepancy in the balance account.

   In the instant case, OP bank submitted CCTV footage before the commission and was marked as Ext.B7.  But the complainant did not take   any step s to discard the genuinety of Ext.B7.  Hence we rely Ext.B7.  Moreover Ext.B4 shows that  transaction No.2684 dt.16/12/2021 is a successful transaction  and as per branch ATM replenishment –cum-cash verification records no excess amount of cash is found on  date 2/3/2022 in the ATM Sing000869198.  Through Exts.B1 to B7 OP bank proved that  the ATM machine was not breakdown on 16/12/2021 and the disputed transaction made by the complainant was successful.

   So the order in CC 391/16 submitted by the complainant’s counsel, cannot be taken into account.

   From the entire facts and circumstances of this case, complainant failed to  prove his case.  Hence the complainant is not entitled to get relief from OP bank.

   In the result, complaint fails  and hence the  same is dismissed.  No order as to cost.

Exs:-

A1,A3,A4-Message send by SBI dtd.20/12/21,6/1/22,18/1/22

A2- copy of complaint dtd.9/1/2022

A5&6- e mail message dtd.15/1/11, 16/1/22

B1 to B3- certified print out of electronic journal

B4- Certificate  issued by AGM,SBI Madurai

B5- Cash balance report

B6-ATM machine breakdown certificate

B7- certified copy CCTV footage

PW1- Joseph.M.C- complainant

DW1-Sreejith.T.G- OP

   Sd/                                                             Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                       MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR