1. The brief history of the case of the complainant is that he is having an SB a/c bearing No.064101505215 in the bank of OP.2 along with an ATM-cum-Debit Card for easy transactions. It is submitted that on 23.02.2017 at about 1.00 pm the complainant tried to withdraw a sum of Rs.8000/- through his ATM card at SBI ATM counter of OP.1 (Id.FFNR-000101015) near the residence of Sub Collector, Jeypore but the transaction was declined and the money could not be dispensed. Besides that the OP.2 has sent a message saying that the transaction made on 23.02.2017 was declined as you have entered the details of expired/closed card. It is further submitted that the complainant had a balance of Rs.18, 618.62 up to 22.02.2017 and after the said declined ATM transaction on 23.02.2017, the amount of Rs.8000/- has been debited from the accounts of the complainant. The complainant has sent written request through registered post to Ops 1 & 2 for re-credit the amount into his account but the OP.2 on 23.05.2017 sent an SMS to the complainant wherein it was stated that the transaction was successful for which they are unable to reverse the ATM trxn of INR 8000/- to the account of the complainant. It is also further submitted that the complainant contacted the customer care who has also denied reversing the amount as it was successful transaction. The OP.1 did not reply to the complainant. Thus alleging deficiency in service on the part of the Ops he filed this case praying this Commission to direct the Ops to re-credit the debited amount of Rs.8000/- and to pay Rs.55, 000/- towards compensation and cost to the complainant.
2. The OP No.1 filed counter denying the allegations of the complainant and contended that this OP is not connected with the ATM transaction under SBI and no written complaint has been received from the complainant by the OP.1 and the ATM transaction is being looked after by the concerned branch i.e. Jeypore Main Branch and the ATM Switch Centre at Belapur, Mumbai. It is further contended that through an observation of Entry Journal Report of ATM transaction of SBI on 23.02.2017, the OP found that the alleged transaction is successful which was transacted at 17.36 hours but not at 1.00 pm and also found that there was no excess cash available in that ATM on that day. It is further contended that the complainant has never brought the fact to the notice of the concerned branch in time with mala fide intention. Thus denying any deficiency in service on its part, the OP-1 prayed to dismiss the case of the complainant.
3. The OP No.2 in spite of valid notice neither filed counter nor participated in this case in any manner. The complainant as well as OP.1 has filed certain documents along with affidavits in support of their respective cases. The complainant has filed written argument. Heard from the OP.1 through its A/R and perused the materials available on record.
4. In this case it is a fact that the complainant has an SB account with OP No.2 and the ATM facility has been provided to the complainant by the said bank. The case of the complainant is that on 23.02.2017 at about 1.00 pm he tried to withdraw Rs.8000/- through his ATM card from SBI ATM counter situated near the residence of Sub Collector, Jeypore but the money could not be dispensed with when he has a clear balance of Rs.18, 618.62. The OP.2 on 24.03.2017 has sent an SMS saying that the transaction declined as the complainant had entered the details of expired/closed card. The complainant stated that Rs.8000/- was debited from his accounts. On complaint the OP.2 on 23.05.2017 stated through an SMS that they are unable to reverse the amount as it was a successful transaction. Also the customer care stated the same thing as stated by the complainant in his complaint petition.
5. The Ld. A/R for the OP.1 stated that the case is to be dismissed for non joinder of necessary party as because the OP.1 is no way connected to the ATM service provided to the customers and the concerned branch is a necessary party to this case. Unfortunately the complainant has not added the SBI, Jeypore Branch under which the ATM is functioning. Had the complainant added the said bank branch as necessary party, the matter would have properly taken up in order to ascertain the truth but for the fault of the complainant, the investigation to the matter could not be taken up by the said bank branch. Thus this case is falling under non joinder of necessary party.
6. Further the OP.1 stated that the complainant has made the alleged transaction at 17.36 hours but not 1.00 pm and no transaction has been done at 1.00 pm as found from the Entry Journal Report of ATM transaction of concerned counter. The complainant has not discredited the above averment of the OP.1 by adducing evidence to the contrary. The ATM counter branch in charge could only disclose the truth had it been informed in time but we do not understand as to why the complainant did not approach the concerned bank branch. Further we have gone through the copy of ICICI Bank pass book of the complainant furnished by both the parties. It is seen that on 22.02.2017 it was Rs.18, 618.62 in the credit of the complainant and after transaction on 23.02.2017 for Rs.8000/- there was a clear balance of Rs.10, 595.62 in the credit of the complainant. Further the complainant has withdrawn Rs.1000/- on 28.02.2017 and the balance on that day after withdrawal of money was Rs.9, 595.62.
7. From the above facts and circumstances, it became clear that on 23.02.2017 at about 17.36 hours the complainant had withdrawn Rs.8000/- from the ATM counter and thus the transaction was successful. The complainant has not added the concerned branch as necessary party to this case. In view of above facts it was ascertained that the complainant has come up with untenable plea against the Ops in this case which needs dismissal.
8. In the result, we dismiss the case of the complainant but without costs in the peculiar circumstances of the case.
(to dict.)