STATE BANK OF INDIA Vs. SUBHASIS CHOWDHURY

JUDGEMENT

(1.) THIS revision is directed against the order dated 22.11.2012 of the State Commission West Bengal in FA No. 407/2011 whereby the State Commission while maintaining the order of the District Forum Jalpaiguri in CC No. 2011/29 directing the petitioner / opposite party to refund a sum of Rs.20,000/ -, reduced the amount of compensation awarded by the District Forum from Rs.50,000/ - to Rs.20,000/ -.

(2.) BRIEFLY stated, the facts relevant for the disposal of this petition are that complainant was having a saving bank account with ATM facility with the opposite party /bank. On 16.03.2011 the complainant deposited Rs.6500/ - in his saving account. Thereafter, he used ATM machine ID No.S10B000095006 for balance inquiry but the machine did not respond. The complainant then tried the second ATM having ID NoS10A000095003 in the same premises but the operation was not successful. He again operated the same ATM machine and the operation was successful, showing net balance in his account as Rs. 20,173.83/ -. It is the case of the complainant that on 29.03.2011 he used his ATM card for withdrawal of Rs.5000/ - at Santipura, Jalpaiguri ATM. The ATM, however, declined the transaction on account of insufficient funds. Thereafter, petitioner obtained passbook printout from which he came to know that a sum of Rs.20,000/ - has been unauthorizedly withdrawn from his saving account on 16.03.2011. The matter was reported to the opposite party / bank but the opposite party failed to refund Rs.20,000/ - to the complainant. Claiming this to be deficiency in service, the respondent filed the consumer complaint.

(3.) THE opposite party resisted the complaint on the ground that ATM operation is not controlled by the opposite party and as per the record of the ATM, the money was withdrawn from the ATM by use of complainant's own ATM card issued in connection of his saving account and, as such, there is no malpractice in the matter of withdrawal.