Dtd.24.10.2024                                            A/353/2018

O R D E R

      BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.15 of CPA 1986 by OP.2/Appellant aggrieved by the order dtd.29.01.2018 passed in CC/1006/2016 on the file of District Forum, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Forum).
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard. Now the point that arise for consideration of this Commission would be:

Whether the impugned order dtd.29.01.2018 passed in CC/1006/2016 does call for an interference of this Commission for the grounds set out in the appeal memo?

3. Complainant/R.1 herein has raised consumer complaint alleging against OPs.1 to 3 that they have rendered  deficiency in service, since he had used ATM Card for the first time on 26.02.2016 at Axis Bank ATM outlet situated at Kumaraswamy layout around 5.52pm for withdrawing a sum of Rs.10,000/-. However, no money was dispensed from the said ATM Machine, but it was displayed on the screen of said machine money dispensed.  It has come in the enquiry that the Complainant i.e. account holder of OP.2/Appellant holding Savings Bank account and he was given ATM card for the first time on 26.02.2016. Accordingly he has used the said card on 26.02.2016 itself at Axis Bank ATM outlet situated at Kumaraswamy layout to withdraw Rs.10,000/- around 5.52 pm. However, money so mentioned was not dispensed on the ground that the service is still not activated, which could be    acceptable. In our view when service is still not activated for the first time user of the card, question of dispensation of Rs.10,000/- from his account does not arise at all. It has also come in the enquiry, that immediately after non-dispensation of Rs.10,000/- he had approached the Appellant bank and informed that Rs.10,000/- was not dispensed,  was not at all properly enquired into by OP.2 bank either with OP.1 or OP.3 and in such circumstances, it is quite but natural that the Complainant had to approach OP.2 bank to provide all the details regarding the transaction. On the contrary, either OPs.1 & 2 or OP.3 have failed to provide any help to the complainant and the District Commission by placing the CCTV footage and they have failed to show that ATM card was activated on 26.02.2016 and the account holder/Complainant had registered the PIN successfully and only after registering the PIN has mentioned said PIN to withdrew money of Rs.10,000/-. Further  to be noted herein OP has failed to follow the circular dtd.06.07.2017 issued by RBI and in conclusion, OPs have to be held rendered deficiency in service are liable to answer the CPA and are bound to satisfy the award passed by the District Commission. Hence, we proceed to dismiss the appeal with no order as to cost. The amount in deposit is directed to be transferred to the District Commission for needful.
4. Notify copy of this Order to the District Commission and parties for their information.

   Lady Member                                Judicial Member               

      *NS*