Date of Filing:17.04.2021

Date of Disposal:10.03.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SRI CHANDRASHEKAR.S.NOOLA,

MEMBER

1. The complainant files a complaint with this Commission under Section 35 of the Consumer Protection Act of 2019. He requests compensation of Rs. 50000 and Rs. 10000 for the cost of the complaint.

2.   The following are the complaint's key facts: 

The complainant has an SB account at Punjab National Bank KG Road in Bangalore with the account number 3621000400105635. On April 13, 2019, the complainant went to an ICICI Bank ATM to withdraw Rs. 10,000. When the complainant entered his debit card into the ATM machine, no money came out, but the complainant received an SMS claiming that the complainant had withdrew Rs 10,000. The complainant called his bank, Punjab National Bank, and was told to contact ICICI Bank. The complainant called the ICICI bank manager, who informed him that they did not have any CC TV camera reports because the camera footage is erased after 15 days, leaving no records. Thereafter, the complaint was filed with the police as well as the Reserve Bank of India.

3. According to OP-1, there is no privity of contract between the complainant and OP-1. Furthermore, it notes that since the transaction is recorded as successful from both ends, it cannot be made out that no money was withdrawn, and if any relief is to be given, op2 bank is responsible, as it is the service provider for the complainant.   

4. The OP-2 version states that the alleged incident occurred on April 13, 2019, whereas the complainant admittedly filed the police complaint on December 7, 2019 (approximately 8 months after the alleged incident) and the FIR in Central crime police station with the cyber police only on September 23, 2020. The complainant has not provided any explanation for the delay. The complainant has not produced a transaction slip or any other evidence showing that she did not get any cash from the ATM after inserting her ATM card on April 13, 2019. Furthermore, the transaction has been recorded as successful on both ends, therefore it is not reasonable to conclude that the transaction was unsuccessful, and no money was issued from the ATM. The OP-2 has requested that the OP-1 provide CCTV footage of the disputed ATM transaction, as well as three previous and three subsequent transactions, the ATM switch Centre report for the day, the machine breakdown report for the day, the interbank reconciliation report for the day, the settlement of the ATM transaction, and the cash balance report for the day. Even though the OP-2 and ombudsman desk of Punjab National Bank have sent numerous follow-up emails, the OP-1 has not rendered this information to OP-2.

5. OP-1 and 2 have filed versions, the complainant and OP-2 have presented affidavit evidence, whereas op 1 evidence and arguments of both parties were taken as not filed despite several opportunities.

6.  The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

7. The findings on the above points are as under:

Point No.1               :       Negative

Point No.2               :       As per final order

REASONS

8. POINT NO.1:- According to the complaint, she went to an ICICI Bank ATM to withdraw Rs. 10,000. When the complainant inserted his debit card into the ATM machine, no money was withdrawn; yet, the complainant received an SMS saying that he had withdrawn Rs 10,000.

9. The OP-1 and OP-2 state that the complaint was filed after a           5-month gap, and that the SMS message and bank statement show that the transaction was completed, hence the complainant's allegation cannot be accepted. The complainant has filed a complaint with the police and the RBI seeking redress.

10. After reviewing all the documents, this commission determined that the complainant went to withdrew money from an ATM on 13/04/2019 but filed a complaint with the bank on 06/07/2019, more than three months later, and made further complaint with the police on 23/09/2019. The complainant should have submitted a complaint immediately following the occurrence but did not. The complainant has not provided any basic proof, such as an ATM receipt for a withdrawal, nor has he filed any additional evidence in support of his allegation. OP-1 and 2 blame each other for failing to provide service to the complainant. The OP-2 requested OP-1 to furnish the details of transactions regarding dispensing of money but OP-2 emails were remained unanswered. The bank statement and SMS texts, on the other hand, corroborate the transaction. As a result, the complainant's asserted shortcoming in service was not proven. There was a huge gap in reporting the matter to the concerned authorities. Taking into account all of the facts, this panel decides that the complainant failed to demonstrate that the money had not been withdrawn from the bank, resulting in the dismissal of this case. Accordingly, the Point No.1 we answer Partly in Negative.

11. POINT NO.2:- In the result, we passed the following:

                             ORDER

1. The complaint filed by the Complainant U/s.35 of the Consumer Protection Act, 2019 is dismissed. No costs.

2. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 10^th March 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)             (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                        MEMBER

Witness examined on behalf of the complainant by way of affidavit:

Smt.Pankaja-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP-2 by way of affidavit:

Sri Priyank Ramesh-Who being the OP-2

Documents produced by the OP-2

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*