DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR
CONSUMER COMPLAINT CASE NO. 28 OF 2018
Sri Ganeswar Sahu, aged about 65 years
Son of Late swapneswar sahu,
Resident of At/Po-Naranpur, P.S-Town,
Dist-Keonjhar ………..……………….…………….…………...…..… Complainant
Versus
1.The Branch Manager,
Bank of India, Naranpur Branch,
At/Po-Naranpur, P.S-Town, Dist-Keonjhar
2.The Zonal Manager, Bank of India, Zonal office, Mining Road,
Near Labanya square, At/Po-Keonjhar,758001.
3.The Chief Executive officer & Managing Director, Bank of India,
Star House,C-5, “G” Block, Bandra-kurla-complex, Bandra (East),
Mumbai-400051.
Maharastra, India. …………………….……………………………..Opp.Parties
Present:
Biranchi Narayan Patra, President
Sri Bharat Bhusan Das (Member)
Advocate for complainant- P Nath
Advocate for Op-1, Op-2, Op-3 - Ajay Kumar Nath
Date of Filing - 01.12.2018 Date of Order- 30.08.2022
B.N Patra (President)
The facts of this case in brief is that the complainant is a senior citizen and a retired teacher. He had a SB A/C in Bank Of India, Naranpur Branch vide account No.-5436101110000307.The complainant was also using ATM card facilities . On the date of 2nd & 3rd June ,2018 midnight Rs.50,000/- was debited from his account phase by phase. He became aware by seeing the massage in the inbox of mobile phone . On dtd. 04.06.2018 he intimated it to the Bank Branch Manager and informed before Town police station, Keonjhar. Bank Manager strictly denied to take necessary action and return the complainant. So the complainant filed this case before the Forum/Commission.
On the above complaint the case is admitted and notice was issued to Ops. The Opp. Party appeared and filed their written version.
Complainant relies on the following documents.
- Legal Notice
- Complain to Bank
- FIR
- Bank Pass Book
- Complain to Bank of India Naranapur
Op filed Account statement of complainant. Ops entered their appearance filed written version.The Advocate for Ops submitted that it is a false case .Deduction of Rs 50000 from the account of complainant as stated by complainant is self explanatory. ATM pin is a secrete number it was used by complainant deploying a third party, so the case of complainant bears no merit.
It is necessary to attend the following issues before passing any order.
1. Wherther the complainant is a consumer to Ops?
2. Whether any deficiency in service by the Ops?
3.Whether any criminal case is pending and its effect in the consumer case ?
4. Any withdrawal from ATM without knowledge of Party , What is the role of Bank?
5.Whether the complainant will get any relief from it ?
The issues are discussed jointly as follows:-
The complainant has opened a SB account passbook bearing A/C No.- 5436101110000307 to get service from Bank for deposit and withdrawal and safe custody of money . The Banking Company gets benefit from this business. Definitely the complainant is a consumer.
The complainant complain that on the day of 2nd & 3rd June 2018 at midnight Rs.50,000/- was debited from his account through ATM phase by phase . When he got massage in his Mobile phone. He informed the matter to concerned Branch on 04.06.2018 by written complaint and also he lodged FIR at Town P.S, Keonjhar regarding illegal withdrawal of Money through ATM.
In this circumstances the concerned Bank branch has not supplied CC TV footage of ATM counter and also not supplied to the Town Police ,Keonjhar to take proper enquiry of this case . It is admitted that one criminal case is pending regarding this allegation.
So far as the secret Pin number of the complainant of his ATM card ,he has submitted that, no one including his family member are known about the Pin number. He has not disclosed to anyone .Here the question arises who withdraw the money using ATM card of complainant. The Police has power to conduct the enquiry of the case and arrest the accused but in this case the Police is silent no one is booked in this case and it is the duty of complainant to file the present status of Criminal case but he could not supplied any related paper to this commission. The concerned Bank ,Naranpur Branch has no role to caught the thief but not supported the local police for help in enquiry. In this situation the commission without getting any relevant documents cannot say the Bank has made deficiency of service . On the other hand whether the Bank helped culprits to withdrawn the money of complainant through ATM, such evidence is not established by the complainant.
If a Bank neglects to receive complain or not enquired properly one can go before RBI Ombudsman for relief. But the complainant has not applied before RBI Ombudsman.
In this case how a person used the secret ATM password to draw the amount of complainant without complainant ‘s consent ,even if he has not disclose the Pin / password to his wife or other family members . The petitioner has suppressed truth. Bank has not supplied sufficient evidence. The complainant has failed to establish the deficiency of service of Ops.
ORDER
The complain case of the complainant without any evidence and the complainant is not able to prove the case . So, the petition filed by complainant is dismissed without any cost.
The order pronounced in open Commission today i.e on 30th August. 2022.
Free copy be supplied to parties, if applied for.
Pronounced on 30th August .2022
I agree
( Sri B. B. Das) ( B.N Patra )
Member (President)
DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
( B.N Patra )
(President)
DCDRC,Keonjhar
