DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KALAHANDI, AT BHAWANIPATNA
C.C.No. 67 of 2007
Mrs.A.K.Maras, I/c President
Shri I.P.Singh,Member
Ushabati Dei,W/o Sri Rameswar Durga,
Aged 55 years,Vill/Po Atigaon,P.O: Junagarh ,
Kalahandi
…..Complainant
Versus
1. Branch Manager,State Bank of India,
At/Po/Ps Junagarh,Dist.Kalahandi.
2.Officer-in-charge,Junagarh Police Station,
At/po/Ps Junagarh,Dist.Kalahandi
……Opp.Parties
Counsels:
For the Complainant …………… Shri Satyan Choudhury,Advocate
For the Opp.Party No.1………….. Shri Santosh Kumar Patra,Advocate
FINDINGS
This is a complaint filed U/s 12(a) of the C.P.Act,1986 by Smt.Ushabati Dei,W/o Sri Rameswar Durga against the Branch Manager,SBI Junagarh hereinafter O.P. No.1 alleging deficiency in service. The complainant is serving as an A.N.M (Health Worker Female) at Atigaon Sub-Centre under C.H.C Junagarh. She has a S.B.Account bearing No.11430400407 with ATM facility at SBI branch Junagarh. On 25.10.07 the complainant found that her ATM card was missing . She searched all possible places and after three days of searching when she did not find it, she lodged a complaint before the Branch Manger,SBI,Junagarh on 29.10.2007. Copy of complaint filed as annexure 2 in the record. The complainant again submitted that O.P. No.1 locked the said ATM number .It is ascertained from the SBI pass book updated account by the SBI .In her pass book stating balance amount of Rs.34,522.83paisa on 18.10.2007 .An amount of Rs. 15.000/- and 10.000/-has been withdrawn twice from the said ATM account on 25.10.2007 and a sum of Rs.9,500.00 has been withdrawn from the said account on 26.10. 2007. As such total amount of Rs.34,500.00has been withdrawn leaving a balance of Rs.22.83 paisa on 26.10.2007.
By this the complainant know about the withdrawal of Rs.34, 500.00 by any miscreant with the help of missing ATM Card. The complainant requested the O.P.No.1 to check the Secret Camera of the ATM counter to identify the miscreant but she was informed to appear after 3 to 4 days. When she appeared before the O.P. no.1 to know about the miscreant from this secret camera of ATM counter he instead of helping, advised her to lodge FIR in the local police station, Junagarh which she filed on dt.7.11.2007. Then again on 8.11.2007 the complainant submitted in writing to the O.I.C.Town Police Station, Junagarh stating there in that the secret number of her ATM card is known to her nephew Narayan Nag S/o Krushna Chandra Nag of Atigaon village whom she doubted to have stolen her ATM card and withdrawn the amount of Rs.34,500.00/-from her account
The O.P.NO.-1 in his written version stated that after receiving a complaint regarding missing of ATM card by complainant on 29.10.2007,it came to their knowledge that a sum of Rs.34,500.00/- was withdrawn on dt. 25th and 26th October 2007from the account of the complainant by somebody. On request of complainant to check the secret camera O.P.NO.-1 stated that during the said period of transaction ,the camera was not installed in said ATM, hence it is not possible to identify the miscreant. Further O.P.NO.-1.also stated that the transaction during withdrawal of money by the ATM holder is not known to the bank authority .As due to the secret pin No. given to the card holder is confidential and she is expected to maintain the pin no. secret . It was disclosed by her to her nephew Narayan Bag relied upon by the complainant regarding lodging of F.I.R. before police dt.8.11.2007.hence O.P.NO.-1dosen,t come under the preview of C.P. Act and pray for dismissal of the complaint case of the complainant .The O.P. No.2 O.I.C,Police Station,Junagarh though kept silent to intimate his action as per the F.I.R lodged before him by the complainant, the O.P.NO2 fails to appear in the forum on receipt of notice .Hence O.P.NO-2 was set exparte for non appearance, in order No.5 dt.8.4.2008 .The Superintendent of Police ,Kalahandi is advised to issue order to all the O.I.C. sof Police Station under his jurisdiction to be duty bound ,vigilant and carry out the order of this court to appear while served notice for the purpose without fail .
ORDER
Heard argument from complainant and the O.P.NO.1& 2, Perused the case record and the documents filed by both the parties. Documents in support of drawl particulars filed by complainant revealed that the amount were withdrawn on dt.25.10.2007 and 26.10.2007 from the same ATM bearing No. 6220180207200022110 as shown on drawl dt.27.9.2007and 5.10.2007 .We opine that due to personal negligence of the complainant as she has disclosed her secret code number of ATM card allotted to her by S.BI.,Junagarh to her nephew Narayan Nag of Atigaon village whom she doubted to have stolen her ATM card and withdrawn the amount of Rs.34,500.00 from her passbook account. Hence, nobody can be established as guilty, without any proof .
The complainant is not liable to get any compensation Hence this court do not award any compensation in favour of complainant. The O.P. No.1 B.M,SBI ,Junagarh has hidden facts of functioning of the secret camera and could not show in his written statement about the actual date of functioning of such camera duly instilled at the ATM counter of SBI ,Junagarh for searching miscreants . It is also felt by the forum that due to negligence by O.P.-1 Bank consumers are suffering much .This Court directs to install the camera forthwith, if not so far done. The Superintendent of Police, Kalahandi is advised to issue orders to all the O.I.Cs of Police Stations under his jurisdiction to be duty bound ,vigilant and obey the orders of this court to appear while served notices for the purpose without fail.
This order is pronounced in the open Forum to day on 30th June , 2009.
Member I/c President
Tags: State Bank of India