BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint No.350.
Date of instt.:25.11.2016.
Date of Decision: 04.09.2017.
Raj Mal s/o Shri Lakhmi Chand, resident of village & P.O. Kurar, Tehsil Kalayat, District Kaithal.
……….Complainant.
Versus
Corporation Bank, near Jiwan Jyoti Hospital, Railway Road, Kalayat through its Branch Manager.
..……..Opposite Party.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Sh. Rajbir Singh, Presiding Member.
Smt. Harisha Mehta, Member.
Present : Sh. Ramphal Nimbria, Advocate for complainant.
Shri R.K. Nagpal, Advocate for opposite party.
ORDER
(HARISHA MEHTA, MEMBER).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant is the account holder of Op bank bearing A/C No.SB/322800101000024 and is having ATM facility from the bank. It is alleged that on 04.08.2016, at about 10:53 AM, the complainant has received a message from the Op bank that ATM withdrawal INR 8500.00 done from the above said account of the complainant at + Naraina village South Won 04/08/2016 10:53 (SAF) Available balance is + 76.95 Received 11:64 Aug, while the ATM Card was lying in the pocket of the complainant, who was at that time in the village. It is further alleged that the complainant visited the Op bank and disclosed all the facts and also shown the said message to the employee of the Op bank and the complainant stated that the above said amount has been withdrawn without the consent of the complainant from his account and the same be deposited in the account of the complainant, but the bank did not pay any heed on the request of the complainant. It is further alleged that the Op bank cheated the complainant and now lingered on the matter on one or the other pretext and the complainant has suffered a financial loss, mental agony, physical harassment due to illegal act and conduct of the part of the Op bank. This way, the Op is deficient in service. Hence, this complaint is filed.
2. Upon notice, the opposite party appeared before this forum and filed reply raising preliminary objections with regard to maintainability; cause of action; locus-standi; that this Hon’ble Forum has got no jurisdiction to try & entertain this complaint; that the complainant has concealed the true and material facts from this Forum and true facts are that a password/pin number was given to the complainant and that password/pin number was not even known to the official of the bank, because it was given in double sealed cover to the complainant. It is further stated that it was the duty of the complainant to keep that password/pin number secret and except complainant, no other person has right to use the ATM Card without his consent nor it can be used without password/pin number. It is further stated that the complainant has disclosed his password/pin number to someone and it is prima facie proved that the complainant has not kept secret his password/pin number in respect of his ATM card. It is further stated that on 04.08.2016, the complainant has approached the bank and he has been advised to lodge the complaint to the police against someone, who has withdrawn the amount from his account by using his password/pin number and the complainant has been assured by the Op bank to co-operate at any stage. It is further stated that the amount was got withdrawn by someone through the password/pin number due to sole fault and negligence of the complainant or the amount has been withdrawn in collusion with the complainant or it was due to his negligence and the story put forwarded by the complainant is false, concocted and made up one and there is no responsibility of the bank nor any loss is caused to the bank, therefore, Op bank is not liable to pay anything to the complainant. There is no deficiency in service on the part of answering Op. On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.
3. In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and documents Ex.C-1 to Ex.C-3 and Mark C-1 to Mark C-5 and closed evidence on 18.04.2017. On the other hand, the Op. tendered in evidence affidavit Ex.RW1/A and documents Ex.R-1 to Ex.R-3 and closed evidence on 11.07.2017.
4. We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.
5. Ld. counsel for the complainant reiterated all the points mentioned in the complaint. He argued that the complainant is the account-holder of Op bank bearing A/C No.SB/322800101000024 and is having ATM facility from the bank. He further argued that on 04.08.2016, at about 10:53 AM, the complainant has received a message from the Op bank that the ATM withdrawal INR 8500.00 done from the above said account of the complainant at + Naraina village South Won 04/08/2016 10:53 (SAF) Available balance is + 76.95 Received 11:64 Aug, while the ATM Card was lying in the pocket of the complainant, who was at that time in the village. He further argued that the complainant visited the Op bank and disclosed all the facts and also shown the said message to the employee of the Op bank and the complainant stated that the above said amount has been withdrawn without the consent of the complainant from his account and the same be deposited in the account of the complainant, but the bank did not pay any heed on the request of the complainant. On the other hand, ld. counsel for the Op argued that a password/pin number was given to the complainant and that password/pin number was not even known to the official of the bank, because it was given in double sealed cover to the complainant. He further argued that it was the duty of the complainant to keep that password/pin number secret and except complainant, no other person has right to use the ATM Card without his consent nor it can be used without password/pin number. He further argued that the complainant has disclosed his password/pin number to someone and it is prima facie proved that the complainant has not kept secret his password/pin number in respect of his ATM card.
6. From the pleadings and evidence of the parties, it is clear that the complainant is the account-holder of Op bank bearing A/C No.SB/322800101000024 and is having ATM facility from the bank. The grievance of the complainant is that the complainant has received a message from the Op bank that the ATM withdrawal INR 8500.00 done from the above said account of the complainant at + Naraina village South Won 04/08/2016 10:53 (SAF) Available balance is + 76.95 Received 11:64 Aug, while the ATM Card was lying in the pocket of the complainant. To rebut the contention of complainant, the Ops have specifically mentioned in the reply that a password/pin number was given to the complainant and it was the duty of the complainant to keep that password/pin number secret and except complainant, no other person has right to use the ATM Card without his consent nor it can be used without password/pin number. It is further stated in the reply that the complainant has disclosed his password/pin number to someone and it is prima facie proved that the complainant has not kept secret his password/pin number in respect of his ATM card. To substantiate their case, the Ops have also placed on file account statement of complainant for the period 01.04.2016 to 07.02.2017, Ex.R3, wherein the entry of withdrawal of Rs.8500/- on 04.08.2016 at Naraina Village has clearly been mentioned. As per the above-said statement, Ex.R3, the complainant also used his ATM card various times outside Kaithal i.e. on 19.07.2016 at Rohtak, on 25.07.2016 at Jind and on 29.07.2016 at Janakpuri Delhi, so, the contention of complainant that he did not use the ATM outside Kaithal has no force. So, in view of facts and circumstances of the case, we are of the considered view that the complainant has failed to prove any deficiency on the part of Ops.
7. Thus, as a sequel of above discussion, we find no merit in the complaint and accordingly, the same is hereby dismissed. No order as to costs. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.04.09.2017. (Harisha Mehta), (Rajbir Singh),
Member. Presiding Member.
