(1.) Heard.
(2.) Brief facts are, that Respondent No.1/Complainant was having a Saving Bank A/C with Petitioners /Opposite Parties No.1& 2 with ATM-cum-Debit Card facility. It is alleged, that respondent no.1 visited ATM of SBI at Charu Chandra Avenue, Kolkata on 28.12.2011 at about 17:30 PM and tried to withdraw money twice but in vain. On that very day, at 6:17: 19 he received two SMS messages at his mobile phone, vide which Rs.40,000/- has been shown illegally debited from his account by leaving the balance of Rs.28,982.42P. Respondent No.1 made a telephonic complaint on Customer Care Number and written complaint on 29.12.2011 to Respondent No.2/Opposite Party No. 3 for reimbursing the amount of Rs.40,000/-,but to no effect. Hence, a consumer complaint was filed before the District Forum, Patiala.
(3.) Petitioners No.1 and 2 filed their joint written statement and denied all the allegations of respondent no.1. Respondent No.2 has taken similar stand as taken by petitioners.