STATE BANK OF INDIA Vs. K K BHALLA

JUDGEMENT

(1.) The present revision petition has been filed by the State Bank of India (hereinafter referred to as the 'ptitioner') being aggrieved by the order of the State Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the 'State Commission') in favour of Shri K.K. Bhalla (hereinafter referred to as the 'respondent').

(2.) The brief facts of the case are that the respondent was the original complainant before the District Forum was maintaining a savings bank account No.10502174881 with the Petitioner/Bank at its Janakpuri Branch, New Delhi and along with the savings bank account an ATM-cum-Debit facility was also given to the Respondent in order to facilitate him to operate his account. According to the respondent, in January, 2006 he had a clear balance of Rs. 77,629/- in his savings bank account and that he had operated the ATM-cum-Debit Card only about 4 times since December, 2005. Therefore, he was shocked when he went to the bank on 11.05.2006 to find that he had a balance of only Rs.391/- in his account and someone had fraudulently withdrawn Rs.65,116/- from his account. Since he had carefully kept the ATM Card as well as the password PIN number used for operating the card in his personal custody/knowledge, he suspected that his account was fraudulently manipulated with the connivance of someone in the Petitioner/Bank. He further stated that he was an 80 years old pensioner with no other source of income and was in great distress by this fraud committed in respect of his savings. He, therefore, filed a complaint before the District Forum requesting that the State Bank of India may be directed to deposit the aforesaid amount of Rs.65,116/- into his account at the earliest. Petitioner/Bank in reply to the complaint stated that the ATM-cum-Debit Card and the PIN number allotted to the customers are to be kept in their safe custody. Petitioner has no control over the same once this has been done. Further, the four digit password necessary to operate the ATM-cum-Debit Card is known and fed by the ATM cardholder and is not given by the Bank. Therefore, there is no deficiency in service on the part of the Petitioner.

(3.) During the proceedings the District Forum noted that CCTV footage is recorded at the AT Ms to rule out fraudulent transactions. In view of this the District Forum issued the following directions to Shri R.C. Mangle, who was the Deputy Manager in the Petitioner/ Bank: