Sri Manas Kumar Mukherjee, Presiding Member.
This case has been filed by the complainant U/S 12 of C P Act1986, praying for return of an amount of Rs. 10,000/-, alleged to be wrongly debited through his ATM / Debit card and a compensation of Rs. 5,000/-.
The case of the complainant, in brief, is that, on 02-11-2015, at 2.10 pm, the complainant went to an UBI ATM counter, to withdraw, cash, from his account, maintained with SBI, Katabagan Branch, where, as stated by the complainant, the transaction failed and he was unable to withdraw any cash. Subsequently, he went to an IDBI ATM Counter, from where, he withdrew an amount of Rs. 500/- only, at 2.16 pm and received a resultant SMS, from the bank, that an amount of Rs.
17,043/- only, was lying at his credit, in his concerned bank account. At 2.40 pm of the same day, he received another SMS from the bank, informing him, that an amount of Rs. 10,000/- only had been withdrawn from his above mentioned account, although, he had not tried to withdraw any amount, through his ATM / Debit card, at that particular point of time. The complainant has also stated that he was denied to have CCTV footage, as requested by him, and had not received any reply from SBI, even though he had informed the matter to SBI, with the prayer to refund the amount, alleged to be debited from his concerned account. Hence, the case has been filed before this Forum, with the prayer, to return the amount, to the tune of Rs. 10,000/- only, alleged to be wrongly debited from his account, alongwith a compensation of Rs. 5000/- only, for harassment and mental agony, faced by the complainant. The complainant, reported the matter, to the office of Banking Ombudsman Department, at RBI, Kolkata, on 30-12-2015 and subsequently, an amount of Rs. 9500/- only was credited to his account, by UBI.
The case of the OP, in brief, is that, the complainant sent a letter dated 12-10-2015, to the OP, wherein the complainant has stated to have not taken any attempt, to withdraw, Rs. 10,000/-, vide Transaction ID no. 530609757557. Subsequently, the OP made online enquiry at (Switch Centre), Belapur, as per banking norms and found the transaction, in question, to be successful. They have also submitted documentary proof, in the form of E J (Electronic Journal, in support of the fact, that the transaction was made by using the ATM / Debit card, of the complainant. The OP further stated that, in the letter, dated 1. 12. 2015, issued by the complainant, the complainant has informed that he had, neither made any attempt to withdraw any cash, nor received, any money, withdrawn from ATM no. WBOF215U and ID no. 20077058157. The OP further stated that in view of the enquiry, executed by them and documents, submitted, the complaint, made by the complainant, is liable to be dismissed.
Upon pleadings of both the parties, the following points have been raised, for disposal of the complaint.
Points to be considered Whether the complainant is entitled to get relief, as prayed for.
Whether withdrawal of cash, is possible, by any unauthorized person, through an ATM machine, without having ATM / Debit card and its PIN number.
Decisions with reasons To prove the case, the complainant as well as the OP, have adduced, evidence on affidavit, alongwith requisite materials.
It is observed, that the ATM machine, only accepts an ATM / (Debit / Credit) card. That card can only be used by pressing / putting the concerned PIN number. In the interest of safety and security, the card holder is advised to maintain, absolute secrecy and confidentiality of the PIN and the card holder is further cautioned by the bank, for not sharing the PIN no., with anybody else. The complainant has further stated that he has not parted with his ATM / Debit card, at any material point of time.
The Honble National Commission, remarked in Revision Petition no. 3182/2008 (SBI Vs. K. K.
Valla), where the Honble Commission held In the instant case, it is not disputed, that the ATM card or PIN, remained in the safe custody / knowledge of the respondent. In view of the elaborate procedure by the petitioner / Bank to ensure that without the ATM card and knowledge of the PIN number, it is not possible for money to be withdrawn by an unauthorized person, from the ATM Further, in the present case, the complainant had been credited with an amount of Rs. 9,500/- only, in his account, by UBI, after he had lodged a complaint to the office of Banking Ombudsman Department, at RBI, Kolkata, who is supposed to be the decision maker, in such cases.
ORDERED that the Consumer Complaint no. 80/2016, is hereby dismissed without any cost to the OP.
Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.
[HON'BLE MR. ANUPAM BHATTACHARYYA] PRESIDENT [HON'BLE MR. MANAS KUMAR MUKHERJEE] MEMBER
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