The present First Appeal is preferred against the Judgment and Order dated 29.02.2020 passed in Complaint Case No.1 of 2019, by the Ld. District Consumer Disputes Redressal Forum (now Commission) Thoubal, (hereinafter referred to as ‘the District Commission’).

2.       The brief fact of the case is that, the Complainant has been an Account holder of the S.B.I Kakching Branch, having Bank Account No. 10929390274 and he had been using ATM card having number, ending with No………3859. Later on, the S.B.I. Kakching Branch issued a new ATM card having number, ending with No………9597, in place of the old ATM Card, to the Complainant in respect of his said Bank Account. As per the letter issued by the S.B.I Debit Card Team, to the Complainant, exhibited and marked as X/2, in the Complaint it is informed that, ‘……as soon as you generate a PIN your new chip debit card with PIN is ready for use at ATMs and for purchases at Merchant Establishment to use your…..Once you generate a PIN your old Magnetic strip Debit Card (without chip) will be deactivated. “Please do not share your Debit Card PIN with anyone.”

3.       On 17.12.2018 at about 9 a.m. the Complainant withdrawn the sum of Rs.2000/- and Rs.10,000/- respectively, by using this new ATM card having number, ending with No………9597. And, as the new ATM card having number, ending with No………9597 was generated, the old ATM card having number, ending with No………3859, should have been deactivated under the information provided in the letter marked as X/2, in the Complaint, issued by the SBI Kakching.

4.       On 18.12.2018, at Telecom Complex Palace compound, Imphal East, the Complainant lost his wallet containing the said old and new ATM cards. The complainant requested the SBI Kakching Branch to block his new ATM card having number, ending with No. ….9597. However, the sum of Rs.20,000/- was found withdrawn from his said Bank Account from the ATM Booth at Wangkhei Porompat on 18.12.2018. And again, another sum of Rs.20,000/- was also found withdrawn from the said Bank Account from the ATM Booth of Lamlong Bazar, Imphal East on 19.12.2018. The Complainant makes a report to the O.C. Porompat Police Station on 19.12.2018, regarding the said loss of his wallet containing the said ATM cards and other articles. The said report was received by the Porompat Police Station, on the same day. And, then the Complainant makes another report to the O.C. Porompat Police Station requesting to investigate the said unlawful withdrawal of the said total sum of Rs.40,000/- from his said bank account on 20.12.2018. The Porompat Police Station investigated the matter on the basis of the said reports of the Complainant and registered FIR Case No. 79(3)2019 PRT, PS U/Ss 403/424/420 IPC, on 09.03.2019.         

5.       Being aggrieved the Complainant filed the Complaint Case No.1 of 2019 against the SBI Kakching and ATM Project Department, State Bank of India, in the District Forum Thoubal, (now District Commission), claiming refund of the unauthorisely withdrawn amounts from his said Bank Account and other compensation amounts totaling Rs.1,00,000/-. The SBI Kakching and the ATM Project Department, State Bank of India, refuted the claims of the Complainant inter-alia on the grounds that, the Complainant did not kept the ATM cards safely and the alleged amounts could not have withdrawn without sharing the ATM PIN with other person(s), by the Complainant.

6.       The District Forum (now District Commission), after hearing the parties in Complaint Case No.1 of 2019 passed the impugned Judgment and Order dated 29.02.2020 awarding refund of the unauthorisely withdrawn amounts and other compensation amounts totaling Rs.80,000/- in favour of the Complainant for deficiency of service on the part of the SBI Kakching.

7.       The SBI Kakching, being aggrieved by the impugned Judgment and Order dated 29.02.2020 preferred the present First Appeal inter-alia on the grounds that, the Complainant did not kept the ATM Cards safely, the alleged amounts could not have withdrawn without sharing the ATM PIN with other person(s), by the Complainant and there is no possibility of using the ATM card, by other persons without knowing the ATM PIN.

 8.      The respective written arguments of the parties in the Appeal have been submitted.

9.       There is delay of some months in disposing the present Appeal due to the lock-down imposed by the State and Central Governments in connection with Covid-19, Pandemic and also non-appointment of the President of the Commission. And, on the issuance of the Order dated 17.06.2022, by the Government of Manipur appointing the senior most Member of the Commission to officiate as President, the Commission started hearing of the cases by constituting Benches.

10.     After perusing the records of the case before the District Commission, the present memorandum of appeal, written arguments and after hearing, the respective counsel of the parties, we found the following issues for examination:-

(a)     Whether the SBI Kakching deactivated the old ATM card having number, ending with No. …….3859, as the new ATM card, having number ending with No….9597 was generated as per the information/condition provided in the letter marked as X/2 in the Complaint?

(b)     Whether there was deficiency of service on the part of the SBI Kakching towards the Complainant in not deactivating the old ATM card having number, ending with No………3859, on generating the new ATM card, having number ending with No………9597?

(c)   Whether the complainant share his debit card PIN with anyone?

11.               The SBI Kakching should have deactivated the old ATM Card having number, ending with No….3859, on 17.12.2018 when the new ATM card, having number ending with No…. 9597, was generated as per the promise/assurance/information in the letter given to the Complainant which was exhibited and marked as X/2 in the Complaint. In our considered view the said non-deactivation of the old ATM Card having number ending with No. ….3859, after generation of the new ATM Card, having number ending with No. …9597, is a clear deficiency of service on the Part of the Bank.

12.               As the SBI Kakching, inspite of the information given to the Complainant for deactivation of the old ATM card having number, ending with No….3859, on generating the new ATM card having number, ending with No….9597, failed to deactivate the old ATM card, as early as on 17.12.2018, which amounts to gross deficiency of service towards the Complainant thereby causing losses to the Complainant.

13.               On the records, the SBI Kakching, could not prove that, the Complainant shared his debit card PIN with anyone. In our considered view, mere presumption and assumption cannot be criteria for coming to a decision.

14.               For the reasons given above, we find no reason to interfere with the impugned Judgment and Order dated 29.02.2020, passed in Complaint Case No.1 of 2019 by the Ld. District Consumer Disputes Redressal Forum (now Commission), Thoubal, and therefore the appeal is dismissed.

15.     Pronounce in the Open Court.         

16.     The Registry is directed to return all the original records of the District Consumer Disputes Redressal Commission Thoubal, along with a copy of this order.

17.     File be consigned in record room.