RAGHABENDRA NATH SEN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The complainant/petitioner, who was holding an ATM card, checked the balance in his account at the SBI ATM, installed near Ganesh Talkies at 13.08 hrs. on 03.10.2011 and found that the balance in his account was Rs.54,500/-. He again checked his balance on the same day at 2.14 P.M. with Punjab National Bank and found that the aforesaid balance at reduced to Rs.49,500/- and a sum of Rs.5,000/- had been debited in his account. According to the complainant, he had withdrawn only Rs.1,000/- from the account. When he approached the bank after Puja Holidays, he was advised to lodge a complaint with the customer care where his complaint was duly registered. However, despite registration of the complaint, the amount of Rs.5,000/- which, according to the complainant had been wrongly debited in his account, was not credited back to the said account. Being aggrieved from the failure of the bank to credit the aforesaid amount of Rs.5,000/- to his account, complainant filed a complaint before the concerned District Forum.

(2.) The complaint was resisted by the opposite party, Punjab National Bank on the ground that it was not possible to withdraw cash through ATM unless the ATM card issued to the complainant was used along with the ATM Pin, which was known only to the complainant. It was further stated in the reply that in fact the complainant had made two transactions of withdrawals one for Rs.5,000/- and other for Rs.1,000/- for which SMS alerts was also received by him. According to the Bank, there was no possibility a third person withdrawing cash using the ATM card unless the card along with the Pin was available to him.

(3.) The District Forum having decided in favour of the complainant, the bank approached the concerned State Commission by way of an appeal. Vide impugned order dated 25.09.2014, the appeal filed by the bank was allowed by the State Commission. Being aggrieved form the order passed by the State Commission, the complainant is before us by way of this revision petition.