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2. The dynamics of the case is that the complainant is the consumer of the Punjab National Bank having saving's account No. 1333000400061957 at Branch Office, Vikas Bhawan, Roshanabad, District Hardwar. On the request of the complainant, ATM card was issued by the Bank. On 17.12.2013, the ATM card was used by the consumer at Ranipur Mod, Haridwar, for withdrawing an amount of Rs. 15,000/-, but due to some defect in the machine, no cash could be dispensed and the machine returned the card out, as such the ATM card got hanged. Thereafter, SBI - ATM situated nearby, was contacted for withdrawal of Rs. 15,000/- resulting in successful transaction, the withdrawal slip as came out-showed two debit entries of Rs. 15,000/- each. So, for the unwarranted withdrawal of Rs. 15,000/-, complaints were sent on Toll Free Number on 18 and 19 December, 2013. It was also pleaded that CCTV footage was seen in the presence of Bank officials, which showed no dispensing of cash by the ATM.

6. We have examined the entire material on record and gave thoughtful consideration to the arguments advanced before us.

7. In order to appreciate the points involved, it is necessary to have a look at the factual scenario of the case. As admitted to the parties, complainant is the consumer of the Punjab National Bank and is availing ATM card facility against his saving's account. The dispute pertains to the use of ATM card on 17.12.2013. The grievance of the complainant is that when he used the ATM card for the withdrawal of amount Rs. 15,000/-, some defect in the ATM machine occurred, as a result thereof ATM card was hanged and no cash could come out. Soon thereafter, the complainant contacted the nearby SBI ATM for the withdrawal of the amount and successfully withdrew Rs. 15,000/- from SBI's ATM. The withdrawal slip showed two entries, as to the debit of Rs. 15,000/- each.

8. The complainant submitted affidavit in support of his claim, whereas Sh. Kuldip Singh Chauhan, Branch Manager, Punjab National Bank, deposed by way of affidavit that the ultimate truth is that, as per ATM transaction report, the complainant successfully withdrew Rs. 15,000/- through ATM machine at Ahmedpur Branch of Punjab National Bank, the entry to the same effect finds place in J.P. Log etc. and this transaction took place at 07:30p.m. on that date. The photocopies of Reconciliation Sheet, Switch Report, Transactions Detail and ATM ID with regard to the transaction in question are annexed herewith. It was also specified that no Bank officials committed unfair trade practice in the matter.

11. The complainant also produced an affidavit sworn by one-Sh. Sunil Singh Negi, who deposed that when the complainant was using the ATM card on 17.12.2013 at Ranipur Mod, Punjab National Bank, he was standing outside the ATM machine and the complainant while coming out, disclosed to him that on account of some fault in the ATM machine, the ATM card got hanged and the money could not come out and for that reason, he is moving for the other ATM machine. The evidence furnished by Sh. Sunil Singh Negi is based on 'Hearsay'. The District Forum attached no importance to the documentary evidence furnished on behalf of the Punjab National Bank. There is a presumption on the genuineness of the electronic evidence; it is regarded as genuine unless rebutted by some reliable evidence. The arguments raised on behalf of the Bank, are convincing. We are unable to locate any merit in the arguments placed on behalf of the respondent.