The complainants case in a precise form is that complainant had one Debit card no.6220180177100037411. On 1.4.2015 complainant’s daughter Anupa Jadav (2) went to withdraw Rs.10,000/- by the above card. After pushing the card, screen displayed “unable to proceed”. But said sum was debited from A/c of complainant no.1 being transaction no. 4738 on 1.4.2015. At once Branch Manager was informed. But no effective4 step was taken by Bank Manager. Complaiant sent letter on 6.5.2015 to the B.M. S.B.I., Rishra Branch (OP no.2) and others. Op no.1 replied that said transaction was successful.
Complainant sent RTI to SBI to get Video clip but no answer from Op no.2 or Op no.1 on repeated occasions.
Op no.1 informed the complainant that he did not get that video clip inspite of repeated reminder, no action was taken by Op no.1 , Op no.2. Such non action of OPno.1 and Op no.2 are clear deficiency of service as per complaint. Hence this case.
The Ops have contested the case by filing written version denying inter alia all material allegations therein. It is positive aversion that the said alleged transaction was valid and successful. This has been informed by Kolkata L.H.O. Samridhi Bhavan by letter on 23.5.2015. Even Assistant G.M. stated that the complaint got closed as successful with supporting EJ Log”. At page 2, para II, the OP has made distinction between clip and footage.
Accordingly, it is stated that case be dismissed.
In this case, both of the contesting parties have filed affidavit in chief which is virtually reproduction of complaint and W.,V. of parties.
The oP Bank also filed annexure G C.C. footage of ATM withdrawal. There are other some documents Annexed. But no original documents are found in records. No affidavit to that effect have been filed. Original Savings Bank account of complainant is not seen. Xerox copy of A/c statement shows on 1.4.2015. Rs.10,000/- has been debited (ATM withdrawal). Annexure B is another document
of Ops. 106, Kiron Chandra Singha Road, Howrah, which speaks ATM as alleged by complainant was successful. Annexure A to I, shows that after receiving information, S.B.I. authorities have taken effective steps to verify allegation of complainant and concluded after analyzing all computer and mechanical machinery that transaction was successful that the Rs.10,000/- was withdrawn by the complainant party from said branch.
So, after going through all the statements and documents of both sides, we are fully convinced or the material on record inspire confidence in the mind of he Forum that complainant case fails. Complainants were wrongly advised to file this case. –
Ordered
That the C.C. no. 212 of 2015 be and the same is dismissed on contest.
Let a copy of this order be made over to the parties free of cost.
