DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                C.C.NO.44 OF 2017

Present: Sri Rabindranath Mishra            - President.

                 Miss Sudhiralaxmi Pattanaik   -  Member .

Sri Santanu Kumar Sahu, aged - 47 years

S/O: Sri Trinath Sahu At: Gopal Sahi ( Near Hanuman Temple)

PO/ PS:Phulbani Town Dist: Kandhamal.                                                     ……………………….. Complainant.

                                Versus.

1. Branch Manager, S.B.I

Main Branch, Phulbani At/PO/PS: Phulbani Town

Dist: Kandhamal.  

2. Branch Manager,Axix Bank

At- Hatapada( Near Hill view lodge)

PO/PS: Phulbani Town Dist: Kandhamal.                                             …………………………….. OPP. Parties.

For the Complainant: Self.

For the OPP. Parties: For the O.P No.1: Sri V.V Ramadas, Advocate, Phulbani.

                                          For the O.P No.2: Sri Manoranjan Mohanty Advocate, Phulbani.

Date of Order: 28-03-2018

O R D E R

                                                The case of the Complainant in brief is that he had a savings Bank Account vide Account No. 34490347881 in the State bank of India , Phulbani Branch and one A.T.M Card was also issued to him for monetary transaction. On 17-10-2017 he came to know from mobile message that a sum of Rs.9000/- has been withdrawn from his account on 16-10-2017 at 5.30 P.M by an unknown person. Then he approached in the Main Branch of S.B.I,Phulbani and came to know that somebody has taken money from the A.T.M counter of Axix bank of Phulbani. Then he lodged F.I.R before the Town Police Station, Phulbani as per advice of S.B.I Authority Vide Station Diary Entry No. 13/18-10-2017. He was suffering both mentally and financially due to negligence and carelessness of the O.Ps. Hence, he has filed this complaint for a direction to the O.Ps to refund Rs. 9.000/- with 12% annual interest along with compensation of Rs. 5000/- towards mental agony and financial loss and Rs. 5000/- towards cost of litigation.

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                                                The case of the O.P No.1, the State Bank of India as per his version is that it is admitted fact that the Complainant had approached in the Branch and accordingly he has been advised to lodge F.I.R before the Town PS and thereafter he had not received any proper information from the Complainant . The Complainant was using the A.T.M card since long and even after alleged susceptive withdrawal of money from his account, he is using the said A.T.M card till date without surrendering the same before the Bank, which creates a doubt in the mind of the Bank that intentional mischief might have done by the Complainant. There is no specific allegation regarding the deficiency in service against the O.P Bank and there is no cause of action to file this case. The Complainant is not a consumer under the purview of C. P Act and the complaint is liable to be dismissed with cost.

                                                The case of O.P No.2, the Axix bank as per his version is that the account as mentioned in the complaint, is under the Opp. Party No.1. There is no scope for the O.P No.2 to ascertain about the bonafideness of the person using the card rather the using of a genuine card. As per the request of the IIC, Town Police Station vide his letter No. 1915 dated 25-10-2017 the C.C TV  footage of the A.T.M of the O.P No.2 dated 16-10-2017, was provided in shape of PAN drive and C.D. The money cannot be disbursed without a genuine A.T.M card. Since the money has been disbursed, It is the Consumer and the card holder himself otherwise on his direction any other may withdraw the money. It is beyond the knowledge of O.P No.2 regarding identification of the card user, as the Complainant is not a bonafied customer and there is no document for identification. Hence, the O.P No.2 has not committed any negligence on his part and not liable to pay any compensation to the Complainant as prayed for. For which the complaint is liable to be dismissed with cost.

                                                We have heard the Complainant and the learned counsel appearing on behalf of O.P No.1 & 2 separately. We have gone through the complaint petition, the version filed by the O.P No.1 &2 separately and the documents filed by the Complainant in support of his case. No documents were produced by the Opp. Parties in support of their case. It is seen from the copy of the pass book maintained by the O.P No.1 that Rs. 9000/- was withdrawn on 16-10-2017. So the Complainant lodged an F.I.R before the Town Police Station which was entered in S.D bearing No. 13/18-10-2017.After knowing this fact from his mobile message the Complainant immediately intimated to the O.P No.1 who advised him that the money has been withdrawn from his Account by an unknown culprit through Axix bank A.T.M. As per version filed by the O.P No.2 he provided the C.C TV footage of the A.T.M dated 16-10-2017 before the Town police station. But the problem of the Complainant is not rectified for which he has filed this Complaint.

                                                The said complaint was resisted by the Opp. Parties  stating that there was no deficiency of service on their behalf. If really it is a fact that an amount of Rs.9000/- was withdrawn by the Complainant, he could not have given a complaint at the earliest point of time in the S.B.I, Phulbani and also in the police station. So, the intention of the Complainant is fair and he specifically stated that he had not gone to the A.T.M of Axix bank to withdraw any money and he came to know from mobile message only. As there is no evidence produced by the Opp. Parties that

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 the Complainant had withdrawn  Rs. 9000/- from the A.T.M counter of O.P No.2 on 16-10-2017, we are of the considered view that the complaint had not withdrawn Rs. 9000/- on the relevant period. So, the complaint filed by the Complainant is allowed.

                                                Accordingly the O.P No.2 , the Branch Manager of Axix Bank, Phulbani is directed to credit an amount of Rs. 9000/- in to the savings bank account bearing No- 34490347881 of S.B.I, Phulbani within 30days from the date of receipt of this order. In case of failure the complainant shall be entitled to get interest at the rate of 9% annum from the date of this order till the date of payment. If from the police report or from the C.C T.V footage the involvement of the Complainant in the matter will be established , in such a case the O.P No.2 is at liberty to recover the said amount from the Complainant in process of law.

                                                With the above direction the C.C is disposed- of. Supply free copy of this order to both the parties at an early date.

                                                                                Member                                                              President