Smt. Sangita Paul, Member

This is a case filed by Mr.Idrish Ali,  son of Ichahak  Molla, with a prayer for a directing the OP No.1 to refund Rs.10,500/- along with compensation.

OP No.1 is Punjab National Bank (previously known as United Bank of India), Pakapole Branch, Pakapole, Kashipur, Pin – 700 135.

OP No.2 is Bhagowanpur Branch.  The Branch is situated at Pakapole, Kashipur, Pin-700 135.

Complainant by filing this case states that complainant has an account in Punjab National Bank (previously known as United Bank of India).  Complainant was issued an ATM Card for withdrawal of money.  The A/C No. of complainant is 1068010178099.  Complainant intended to withdraw an amount of Rs.10,500/- from Punjab National Bank (previously known as United Bank of India).  Complainant went to the ATM Counter of State Bank of India (Bhagowanpur Branch) and he inserted the ATM Card.  After following the steps, complainant failed to withdraw the money. 

Complainant complained to Punjab National Bank (previously United Bank of India), Pakapole Branch, but the officials could not help complainant in this regard.  Complainant was in dire need of money.  Being impatient, complainant registered a complaint to the Assistant Director, Department of Consumer Affairs.  But the problem of complainant remained unsolved, because mediation failed. 

Complainant lodged a complaint to the District Consumer Disputes Redressal Commission, Baruipur, 24 Pgs (South).  Complainant states that after several attempts, he was unsuccessful to make the Bank official understand that he failed to receive his money from the ATM counter. 

Being unable to receive the money, complainant faced financial problem.  He was badly in need of money, but failed to get the same.  He could not give his child’s “school fees”.  He was in great mental stress.  He faced mental agony.

The complaint filed is very much within the territorial jurisdiction of Ld. Commission.  The amount payable along with compensation is also within the pecuniary jurisdiction of Ld. Commission.  The cause of action of the present case started on 04.07.2019 and is still continuing. 

Several communications were made, but with no result.  Hence, complainant prays for a direction upon the OP Bank for refunding the money with interest and he also prays for a compensation for his harassment from mental pain and agony, because complainant did not get money after inserting the ATM Card at the SBI-ATM-Counter of Bhagowanpur Branch, but the said amount has been debited from complainants account being No:1068010178099.

Notice was sent to the OPs 1 and 2.  OPs 1 and 2 appeared to contest the case and filed W/V separately.  OP No.1 i.e. Punjab National Bank (previously known as United Bank of India) filed W/V.  OP No.2, State Bank of India filed W/V on 05.12.2019.  OP No.1 also filed W/v on the same date. As per gazette notification No:133 dated 04.03.2020 of Govt. of India, United Bank of India has been amalgamated with Punjab National Bank and OP No.1, Punjab National Bank (previously United Bank of India) filed amended written version.  Complainant also filed amended complaint petition on 08.04.2022 and we proceeded for giving judgement. 

OP No.1, Punjab National Bank (previously United Bank of India) Pakapole Branch in the written version and in the amended written version states that the case is not maintainable in law.  OP No.1 denies each and every allegation levelled by complainant.

OP No.1 states that complainant is an account holder of Pakapole Branch.  His account No. is 1068010178099.  Complainant went to withdraw Rs.10,500/- from the ATM counter of SBI, Bhagowanpur Branch and inserted the card for withdrawal amounting to Rs.10,500/-.  Accordingly, the said amount has been debited from complainant’s Account.  Complainant lodged a complaint at Pakapole Branch of PNB (previously United Bank of India).

OP No.1 states that the transaction was successful.  OP No.1 registered a complaint being ATM CMPL, complain No:532744 and 552760, but the complaint got rejected.

OP No.1 also states that the petition is not at all bonafide.  The OP No.1 states that the petition is liable to be rejected.

OP No.2 in his written version states that the complaint is bad in law.  OP No.2 states that the complainant has no cause of action either for the instant case or otherwise against OP No.2.  The complaint was lodged with malafide intention containing baseless allegations.  The facts are entirely misleading and have been made with       motive. Hence, the complaint is liable to be rejected.

OP No.2 also states that Ld. Commission lacks the jurisdiction to admit the complaint and try and adjudicate the issues involved in the petition.

OP No.2 denies all the allegations contained in the complaint petition. OP No.2 states that, complainant used the ATM of OP No.2, situated at Bhagowanpur.  It is evident that complainant withdrew money from the ATM counter.  At first, he withdrew Rs.10,000/- then he withdrew Rs.500/- from the ATM counter of OP No.2.

OP No.2 prays for rejection of complaint with exemplary cost.

     Points of consideration:-

1. Is the complainant, a consumer?
2. Are the O.Ps. guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

Decision with Reasons:-

1. On perusal of records and documents, it appears that, complainant is an account holder of Punjab National Bank (previously United Bank of India).  Complainant applied for an ATM card to the Pakapole Branch and complainant received the same.  Complainant’s Account No. is 1068010178099.  Complainant went to withdraw money.  Unfortunately he failed to receive the same.  After inserting the ATM card, complainant intended to withdraw Rs.10,000/-, but he did not get money.  Next he again intended to withdraw Rs.500/- only.  Again, in the second attempt the complainant remained unsuccessful, but an amount of Rs.10,500/- was debited  from his account lying at Punjab National Bank (previously United Bank of India).  As complainant is an account holder and has balance in his account, he is a consumer u/s 2(7) of C.P. Act 2019.  So the 1^st point is settled in favour of complainant.
2. The complainant went to withdraw money on 04.07.2019.  Complainant went to the counter No.918508023387/ TXN No.9647at 08.54 a.m. on the date mentioned above. At first, complainant wanted to take out Rs.10,000/- from his S/B Account but the transaction was not successful.  Complainant again went to the counter being No.SIBB007468090 to draw Rs.500/- vide Reference BNo.918509023608/ TXN No.9649 at 09.03 a.m.  The available balance shows Rs.302/-. These are evident from the transaction status failed by the OP No.2.  The difference of time between two transactions is 9 minutes.  Complainant failed to receive money from both these transactions, but Rs.10,500/- was debited from his S/B Account.  Complainant went to the Punjab National Bank (previously United Bank of India), Pakapole Branch.  But OP No.1 is not in a position to believe this.  Complainant went to the SBI ATM with an intention of drawing money.  Due to some unforeseen factor, complainant’s money was debited.  In between 08.54 a.m. and 09.03 a.m., another transaction was made at 09.02 a.m. vide card No.459155….792/TXN No.9648 and the available balance shows Rs.5,947/-.  The statement is received from transaction details.  The mystery remained unsolved.  Complainant failed to get money.  No step is taken by OP No.1 to solve the problem. The amount of Rs.10,500/- has been debited fraudulently from the complainant’s account, but OPs did not help complainant in this regard.  The prayer of complainant remained unheard, and the problem  remained unsolved.  It is due to the deficiency in service of the OPs that the problem of complainant was not redressed. CCTV footage shows that a person after coming out from the ATM counter is making a gesture of keeping money in his pocket.

The OP No.2 SBI did not show the account of transaction of that day i.e. 04.07.2019.  If the account of transaction was shown and it was discovered that no extra amount of Rs.10,500/- is remaining, then it would have been clear that complainant had received money.  It is due to unfair trade practice and deficiency in service adopted by OP No.2 that the complainant is deprived of getting the desired amount.  The Ld. Lawyer of OP No.2 only stated that it was a successful transaction.  But it is a fact that OP failed to get the amount of Rs.10,500/-.  So the 2^nd point is settled in favour of complainant.

3.  Complainant was deprived of getting Rs.10,500/-, which he wanted to withdraw from the ATM counter of SBI, Pakapole Branch.  The pass book also displays that the same amount has been debited from the savings Bank Account of complainant.  Complainant informed OP No.1, PNB (previously United Bank of India), but with no result.  OP No.1 is not in a position to admit that the complainant failed to get the aforementioned amount.  OP No.2 SBI did not show the account of transaction.  The case of complainant is a fine example of cybercrime.  Complainant did not get money.  Money is taken by fraudsters and the said amount is debited from the complainant’s account.  The complainant suffered for no fault of his own.  So, complainant is entitled to get the relief as prayed for.  Hence, the 3^rd point is settled in favour of the complainant.

In the result, the complaint case succeeds. 

Hence, it is,

                                                              ORDERED

That the complaint case be and the same is allowed without cost against the O.Ps.

That the O.Ps. jointly or severally are directed to pay Rs.10,500/- along with interest @ 10% p.a. from 04.07.2019 till the full realization of the amount to the complainant within 60 days from the date of this order.

OPs jointly or severally are directed to pay compensation to the tune of Rs.25,000/- to the complainant for mental agony and pain caused to complainant within 60 days from the date of this order.

Complainant is at liberty to put the order into execution if the orders are not complied with within the stipulated period of 60 days from the date of this order.

Let a copy of the order be supplied free of cost to the parties concerned.               

The final order will be available in the following website: www.confonet.nic.in .

Dictated and corrected by me

           Sangita Paul             

               Member