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INDER JIT SINGH, SUDHIR KUMAR JAIN
Nirmala Kumari (Now Deceased) Through Legal Representative – Appellant
Versus
State Bank of India – Respondent
JUDGMENT
Dr. Sudhir Kumar Jain, Member.—Brief facts of the case are that Nirmala Kumari/the original complainant/predecessor-in of the present petitioners (hereinafter (hereinafter referred to as “the complainant”) being a diabetic patient was having difficulty in standing in a queue outside ATM machines and due this reason she regularly authorizes her son namely Sachin i.e. the petitioner No.1 to withdraw money from ATM. The complaint on 10.04.2017 at about 10:15 am instructed the petitioner No.1 to withdraw Rs.20,000 from the ATM machine installed at Panchayat Bhawan, Mini Secretariat, Kurukshetra by the respondent No.1 and at that time, the balance amount in the account of the complainant was Rs.3,50,114.75. The petitioner No.1 gave a command for withdrawal of Rs.20,000 but ATM dispensed only Rs.11,000 in cash and vide transaction number 7839 account of the complainant was debited for Rs.20,000. The petitioner No.1 took Mini Statement vide transaction No.7840 wherein the balance in the account was shown as Rs.3,30,114.75. The petitioners Nos.1 and 3 approached the respondent No.2 who referred them to a probationary officer. The probationary officer instructed the petitioner No.1
Consumer complaint cannot be founded upon bare allegations.
(1) Real Transactions – Without ascertaining the real transactions which culminated into the withdrawal of the funds no liability could be fastened upon the opposite party.(2) Implead – The complaina....
(1) National Commission – The powers of the National Commission are very limited.(2) Evidence on Record – In exercising of revisional jurisdiction the National Commission has no jurisdiction to inter....
Additional Evidence—Additional Evidence, produced at the Revisional stage cannot be relied upon, when the fora below had no opportunity to deal with the same.
Fraudulent withdrawal – Bank has no control over ATM when transaction is successful by providing card pin and operations.
“In new of facts and circumstance of the case if mater is found to be a subject of fresh consideration, remand of matter held justified.”
1) It does not appear logical that a person would deposit part of money in his Saving Bank Acc. for converting it into Fixed Deposit and withdraw the bal. amt. of Rs.47,000/- for converting into anot....
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