State Consumer Disputes Redressal Commission
State Bank Of Patiala vs Janak Raj on 29 April, 2015
First ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.
First Appeal No. 1487 of 2014
Date of institution: 10.11.2014
Date of Decision: 29.04.2015
State Bank of Patiala, Branch office The Mall, Ferozepur City,
through its Branch Manager/Chief Manager.
.....Appellant/Opposite Party No.1
Versus
1. Janak Raj son of Sh. Darshan Lal, resident of House No.
244, Gali No. 4, Baba Ram Lal Nagar, Malwal Road,
Ferozepur City.
.......Respondent/Complainant
2. State Bank of India, Branch Office Ferozepur Cantt,
through its Chief Manager.
..........Respondent/OP No.2
First Appeal against order dated 20.08.2014
passed by the District Consumer Disputes
Redressal Forum, Ferozepur.
Before:-
Sh. J.S. Klar, Presiding Judicial Member
Sh. Harcharan Singh Guram, Member
Present:-
For the appellant : Sh. Nimanyu Gautam, Advocate
For respondent No.1 : Sh. Janak Raj, in person
For respondent No.2 : Ms. Kavita Arora, Advocate
Sh. Harcharan Singh Guram, Member
ORDER
This appeal has been preferred by the appellant (hereinafter referred as OP No.1) against order dated 20.08.2014 passed by the F.A. No. 1487 of 2014 2 District Consumer Disputes Redressal Forum, Ferozepur (hereinafter referred as the District Forum) in consumer complaint No. 63 of 05.02.2014 vide which, the complaint filed by the respondents/complainants(hereinafter referred as the complainant) was allowed with a direction to the OPs to credit the sum of Rs. 3,000/- in the account of the complainant along with interest @ 6% per annum from the date of disputed transaction of withdrawal i.e. 30.09.2013 till realization along with a sum of Rs. 3,000/- as compensation for mental harassment and Rs. 2,000/- as litigation expenses within a period of 30 days from the date of receipt of a copy of the order. The appellant of this appeal is OP No.1 in the complaint and Respondent No.1 of this appeal is the complainant in the complaint and respondent No.2 of this appeal is OP No.2 in the complaint and they be referred as such hereinafter.
2. Brief facts of the case are that the complainant was having his saving bank account with OP No. 1, vide account No. 65048323058. The OPs issued one ATM card to the complainant for use by him for the withdrawal of the money from his account. The complainant used his ATM card on 30.09.2013 through the ATM of the OP No.2 at Namdev Chowk Ferozepur for withdrawal but he received only a sum of Rs. 2,000/- from the said ATM machine instead of Rs. 5,000/-. He immediately approached his banker i.e. OP No.1 and informed them about the incident of receiving less cash from the ATM machine of OP No.2 and requested them to credit the amount of Rs. 3,000/- in his account. A sum of Rs. 5,000/- was debited from the account of the complainant by withdrawal but he received only Rs. 2,000/- and he submitted written complaint to OP No.1 regarding short receipt of Rs. 3,000/- from the said ATM of OP No.2. Even, on the written complaint F.A. No. 1487 of 2014 3 from the complainant, OP No.1 did not give credit in the account of the complainant and was putting off the matter on one pretext or the other. On failure to get any relief from the OP No.1, the complainant issued a legal notice through his counsel to OPs and sought the credit of the amount which was received short by him. He also prayed for compensation from OPs. On failure to get any relief from the OPs, he filed his consumer complaint in the District Forum and made a prayer for issuance of directions to OPs to credit the disputed amount which was debited along with interest in his account.
3. Upon receipt of notice, OP No.1 filed its written reply and took preliminary objections that the present complaint in the present form is not maintainable. It was stated that contents of the complaint did not disclose the existence of any consumer dispute. Complex and intricate questions of facts and law are involved in this case which could not be decided under summary provisions of Consumer Protection Act, and it was further averred that the complainant had not come to the District Forum with clean hands and also concealed and suppressed the material and relevant facts from the District Forum which would dis-entitle him to seek any relief against them. It admitted this fact that complainant was issued ATM card No. 6038455021000024778 along with Pin Number which was delivered to him. On merits, it was averred that complainant had used the ATM machine of OP No.2 at Ferozepur City and gave command for withdrawal of Rs. 5,000/-. The said transaction was successful and the ATM of OP No.2 provided a sum of Rs. 5,000/- as per the command given by the complainant. It was stated that copy of EJ log generated by the system reflected the aforesaid transaction, which was successful or duly appended along with the reply. It was admitted that the F.A. No. 1487 of 2014 4 complainant had approached them for crediting a sum of Rs. 3,000/- in his account. On receipt of his complaint, it took up the matter through e- mail with its link Office at Mumbai. As per RBI guidelines, when a complaint pertaining to the withdrawal through ATM was received and the same was required to be settled within 7 days from the date of the dispute by crediting in the account of the complainant subject to the result and reply received from the link office or to pay a sum of Rs. 100 per day after the complaint is not decided as per aforesaid guidelines. As per e- mail message sent by their office to their link office, a sum of Rs. 3,000/- was credited in the account of the complainant on 09.10.2013 link office took up the matter with switch centre of State Bank of India i.e. OP No.2 at Mumbai and took up the complaint of the complainant with link office /switch centre of OP No.2. Link office/switch centre of OP No.2 stated that the transaction No. 6722 dated 30.09.2013 pertaining to their ATM ID DBEP000640011 located at Ferozepur city was successful and copy of EJ log generated by the system was delivered to the link office of OP No.1 at Mumbai. It was further pleaded that disputed transaction was successful and the ATM machine rightly dispensed Rs. 5,000/- as per command given by the complainant while using it. The PIN no., which is secret, was given on 30.09.2013 at 5.PM. The Ops are not liable to credit a sum of Rs. 3,000/- to the SB account of the complainant with OP No.1. The OP No.1 prayed for dismissal of the complaint.
4. OP No.2 submitted its written reply and took the preliminary objections that the complaint in the present form was not maintainable and stated that complaint contained intricate questions of facts and law and could not be decided in summary proceeding under the Consumer Protection Act, because voluminous evidence is required to be led by the F.A. No. 1487 of 2014 5 parties. It was stated that job pertaining to replenishment of cash in the said ATM machine was given to Securitrans India Private Limited in the said outsource energy had deputed Mr. Gurpreet Singh and Vijay Kumar for cash re-plenishment and cash loading in the aforesaid ATM during the relevant period and joint named outsource agency issued a certificate dated 19.03.2014 pertaining to the aforesaid ATM contains transactions during the ATM cycle from 30.09.2013 to 03.10.2013 qua which re- conciliation was effected on 03.10.2013. The disputed transaction dated 30.09.2013 was covered under the said certificate, which reflected that no difference in cash was found in the said re-conciliation conducted on 03.10.2013 qua the aforesaid ATM. The above named joint custodians inspected the physical cash lying in the said ATM on 03.10.2013 and no excess cash was found in the ATM machine, which would thus prove that the transaction in question was successful. As per EJ log generated by the system reflecting the aforesaid transaction. As such the claim made by the complainant was wrong and prayer was made for dismissal of the complaint.
5. The complainants submitted his affidavit Ex.C1, copy of the passbook, Ex.C-2, copy of the legal notice along with postal receipts Ex.C-3, Ex.C-4 and Ex.C-5 and closed his evidence. OPs submitted reply of the legal notice Ex.OP1/1, copy of postal receipts Ex.OP1/2, copy of J.P log Ex.OP1/3 and Ex.OP1/4 affidavit of Shri. R.P. Dhawan, Chief Manager, State Bank of Patiala Ferozepur City OP1/5, statement of account OP1/6 and closed his evidence. OP No.2 submitted evidence by way of affidavit of Vijay Kumar Ex.OP2/1 affidavit of Mr. Gurpreet Singh Ex.OP2/2 copy of J.P log Ex.OP2/3, copy of letter written by Securitrans India Private Limited Ex.OP2/4 and affidavit of Sh. K.K. Dholia, Chief F.A. No. 1487 of 2014 6 Manager of State Bank of India Ex.OP2/5 and closed their evidence. On conclusion of evidence and arguments, the District Forum Ferozepur accepted the complaint of the complainant. Dissatisfied with the order of the District Forum Ferozepur dated 20.08.2014, the instant appeal has been preferred against the same by the appellant.
6. We have heard the arguments of the counsel for the parties and have also examined the record. From perusal of the record, we have to look into the guidelines regarding the procedure for the transaction of ATM machines by the Reserve Bank of India, which is maintaining the switches of all the ATMs functioning in India. From the perusal of the questions and answer forms relating to ATM for all ATM machines on daily basis, do the usual EOD functions in the ATM. Tally the cash balance as mentioned in the Journal Printer (JP Log balance) as on date, which can be obtained by using the option> Print all > Receipt Printer with the physical balance.
7. Even if no additional cash is loaded for the day, EOD in ATM is compulsory admin card function is compulsory to ensure updation of the cash record at the Switch Level. Performing this function will hold the branches to view cash balance in the ATM through ATM cards website in CBS Help DSK ported by CO:TMD: ATM SECTION. This is updated every hour to decide on further cash loading. ATM Branch should tally physical cash balance in the ATM with the JP log balance and Admin card balance. Difference if any, between admin balance and actual balance should be noted and located and rectified in consultation with ATM service centre. BM/ABM along with the ATM officer should sign the cash register and ensure that all the three, namely the JP balance, Admin balance and physical cash balance in the ATM tally on a daily basis. F.A. No. 1487 of 2014 7
8. Use of admin card whether cash is loaded in ATM or not, doing EOD function and using admin card in ATM, on a daily basis is mandatory. Non compliance in this regard will be viewed seriously, since it will hamper the updation of ATM cash records at ATM service centre.
9. Dealing with Excess/Short in physical cash. ATM attached branches should keep the excess ATM cash (if any) found in their ATM while doing EOD operations, in the respective cassettes in the ATM itself and increase the admin cash to that effect. The branches should ensure that admin balance, physical cash balance and journal print balance are tallied after the above increase and the same should be reported to ATM service centre immediately. If the ATM cash if any found to be short while doing EOD operations, the matter should be reported to ATM service centre immediately for their information and guidance.
10. Cross verification and reimbursement of cash loaded in ATMs service centre. ATM service centre should cross check the cash loading details from switch files with the messages received and ensure that they tally. Mismatch, if any, should be immediately taken up with the branches concerned and rectified. After cross verifying and tallying the cash loaded as above, ATM service centre should debit ATM cash account in its books for the total loaded by branches.
11. Surprise checking of cash balance in ATM at irregular intervals the cash balance in ATMs should be checked by an Officer, other than the officer holding the keys of ATM in joint custody. At the same time Branch Manager should ensure that the ATM cash is checked once a week. Surprise checking of ATM cash shall also be done by any of the officers working in the neighbouring/ nearby branches/offices. All surprise checking of ATM cash should be recorded in the ATM cash balance F.A. No. 1487 of 2014 8 register under the name, designation and signature of the checking officer.
12. From the perusal of the replies, we find that the end of day reports pertaining to said ATM machine of OP No. 2 on a daily basis was not submitted only the EJ log, was given by OP No.2 to OP No.1. OP No.1 completely relied upon the information given by OP No.2 and without looking into the parameters for working of ATM machine, debited the account of the complainant on 10.10.2013 without giving any notice to the complainant and no proper time was given to the complainant to explain his position. Thus we find that there is a deficiency on the part of the OP No.1 and also on part of OP No.2. As per Reserve Bank guidelines, each bank has to adopt procedure pertaining to end of day exercise and procedure for adjustment of ATM cash by ATM attached branches on a daily basis. Even if no additional cash be loaded with ATM machine, end of day is compulsory. In view of the above we do not find any averment from the replies submitted before the District Forum by OP No.1 nor by OP No.2 to this effect. In view of the above the OP No.1 had simply relied upon the EJ log, supplied by OP No.2, who had relied upon the certificate issued for short period by the out sourced agency who was looking after loading and replenishment of cash in the ATM machine of OP No.2. The banks are trying to pass all the responsibility in the case of ATM complaint given by their respective customers on the part of out sourcing agencies even though the banks are original principals and out sourcing agencies are their agencies. Any fault on the part of the agents will automatically bind the banks. In view of the above, we do not find any merit in the present appeal and the same is dismissed and the order passed by the District Forum is affirmed. The appellant/OP No.1 had F.A. No. 1487 of 2014 9 deposited a sum of Rs. 4,110/- at the time of filing the appeal in this Commission and later on deposited a sum of Rs. 2,000/- as per terms directions of this Commission on 10.02.2015. Registry is hereby directed to remit this amount along with interest if any of the complainant/respondent after 45 days from the date of this order. The OPs are directed to pay the remaining amount to the complainant as per order of the District Forum.
13. The arguments in this appeal were heard on 22.04.2015 and order was reserved. Now the order be communicated to the parties as per rules.
14. This appeal could not be decided within the statutory period due to heavy pendency of court cases.
(J.S. Klar)
Presiding Judicial Member
(H.S. Guram)
April 29, 2015 Member
Surinder