State Consumer Disputes Redressal Commission
Sunil Verma vs Branch Manager State Bank Of India on 21 February, 2024
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2615/2018 ( Date of Filing : 20 Nov 2018 ) (Arisen out of Order Dated 17/10/2018 in Case No. C/192/2016 of District Faizabad) 1. Sunil Verma S/O Sri Ram Dev Verma R/O Anand Vihar Colony Distt. Faizabad ...........Appellant(s) Versus 1. Branch Manager State Bank Of India Branch Naka Distt. Faizabad ...........Respondent(s) BEFORE: HON'BLE MR. Rajendra Singh PRESIDING MEMBER HON'BLE MR. Vikas Saxena JUDICIAL MEMBER PRESENT: Dated : 21 Feb 2024 Final Order / Judgement Reserved State Consumer Disputes Redressal Commission U.P., Lucknow. Appeal No. 2615 of 2018 Sunil Verma, aged about 25 years, S/o Shri Ram Dev Verma, R/o Anand Vihar Colony, District Faizabad. ....Appellant. Versus 1- Branch Manager, State Bank of India Branch Naka, District Faizabad. 2- State of U.P. through Collector, Faizabad. ..Respondents. BEFORE: 1- Hon'ble Mr. Rajendra Singh, Presiding Member. 2- Hon'ble Mr. Vikas Saxena, Member. Sri Avdhesh Kumar Tiwari, Advocate for the appellant. Sri Saket Srivastava, Advocate for Respondent no.1. None for Respondent no.2. Dated : 7.3.2024 JUDGMENT
Per Mr. Rajendra Singh, Member: This appeal has been preferred by the complainant against the judgment and order dated 17.10.2018 passed by Ld. District Consumer Commission, Faizabad in complaint case no.192 of 2016, Sunil Verma vs. Branch Manager, State Bank of India & anr.
The brief facts of the appeal are that, that the appellant is the account holder of State Bank of India, Branch Naka, Faizabad bearing A/c No.33607988848 and the petitioner is also provided the facility of ATM card bearing no. 5196190134327610. An amount of Rs.42,740.00 was credited by the Bajaj Insurance company in the aforesaid account of petitioner. When the appellant went to the ATM situated at the Petrol Pump By pass to withdraw an amount of Rs.10,000.00 then he got surprise to receive a message that an amount of Rs.35,000.00 has been debited on 27.08.2016 though the cash was not dispensed with by the ATM. Soon thereafter the appellant submitted a complaint to the bank giving details of the incident on 27.08.2016. The copy of the complaint made to the bank by the appellant is being filed herewith as Annexure no.1 to the appeal.
Looking no response by the bank, the appellant filed a complaint before the District Consumer Dispute Redressal Forum, Faizabad enclosing all the relevant documents and requested for the payment of the amount of Rs.80,000/- including compensation. The appellant also filed written argument giving details of the incident and also claimed compensation of Rs.80,000/-.
The respondent no.1 also filed written argument with the averment that the complainant is not entitled to any compensation. The appellant has also filed evidence on affidavit in support of the complaint and giving details of the incident and also claimed compensation of Rs.80,000/-.
The learned District Forum while proceeded to decide the complaint filed by the appellant, by means of the judgment and order dated 17.10.2018 rejected the same in most illegal and arbitrary manner. The learned District Forum while deciding the complaint based its finding contrary to the facts and evidence on record and rejected the complaint only on the basis that no one is aware about the PIN number of the ATM card. The ground taken by the District Forum while rejecting the complaint, is liable to be ignored being irrational and arbitrary. Therefore, it is most respectfully prayed that this Hon'ble Commission may kindly be please to allow the appeal and set aside the impugned judgment and order.
We have heard Sri Avdhesh Kumar Tiwari, learned counsel for the appellant and Sri Sri Saket Srivastava, ld. counsel for the Respondent no.1.None for Respondent no.2.
We have perused the impugned judgment, pleadings, evidences and arguments on record.
In this case, in the account No.33607988848 of the complainant Rs.42,740.00 credited by Bajaj Company. The complainant went to withdraw Rs.10,000.00 through ATM card. There he came to know that an amount of Rs.35,000.00 has already been withdrawn from his account and he got a massage that on 27.8.2016 the money has been debited. More than Rs.25,000.00 cannot be debited from ATM as per Bank's rules. Rs.35,000.00 can be withdrawn with special permission of the Bank Manager. A complaint has been given to the Branch Manager, State Bank of India, Branch Naka, Faizabad, upon which the Branch Manager refused to take any action.
In this case, it has been argued by the respondent that the appellant has withdrawn Rs.35,000.00 from his ATM card and the PIN of the ATM card is a secret thing and it cannot be known by any other person unless be informed by the card-holder to any other person.
It is also unbelievable that when the complainant reached ATM and inserted his ATM card, he got a massage that amount of Rs.35,000.00 has already been withdrawn on 27.8.2016. It is clear that whenever a person insert his ATM card in the machine, PIN has to be entered, without entering PIN, amount cannot be withdrawn. So, it cannot be believed that the money has been withdrawn without entering PIN number. There is no proof that the limit of ATM withdrawal of Rs.25,000.00.
We have seen the judgment of the ld. District Consumer Forum and we find no illegality or irregularity in the judgment and the present appeal is liable to be dismissed with costs.
ORDER The appeal is dismissed with costs.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
Certified copy of this judgment be provided to the parties as per rules.
(Vikas Saxena) (Rajendra Kumar) Member Presiding Member Judgment dated/typed signed by us and pronounced in the open court. Consign to record. (Vikas Saxena) (Rajendra Singh) Member Presiding Member Dated 7.3.2024 Jafri, PA I Court 2 [HON'BLE MR. Rajendra Singh] PRESIDING MEMBER [HON'BLE MR. Vikas Saxena] JUDICIAL MEMBER