Banks are liable for unauthorized transactions, and the absence of evidence may affirm consumer protection rights.

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 15 of the Consumer Protection Act , 1986 has been directed against the impugned judgment and order dated 23.03.2019 passed by learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 472 of 2016, styled as Sh. Kamaludin Vs. Manager, Oriental Bank of Commerce and another, wherein and whereby the consumer complaint was allowed and the appellant & respondent No. 2 – opposite parties were directed to pay an amount of Rs. 10,000/- to respondent No. 1 / complainant together with interest @6% p.a. from the date of filing of the consumer complaint till actual payment and Rs. 2,000/- towards litigation expenses.

2. The facts giving rise to the present appeal, in brief, are, as such that respondent No. 1 / complainant is having a Savings Bank Account No. 00332191037023 with the appellant / opposite party No. 1 (Oriental Bank of Commerce) and in connection with the said account, the complainant had been issued an ATM card by the bank, which is being used by the complainant off & on for withdrawal of amount from his account. On 09.02.2016 at about 12:30 p.m., the complainant used his ATM card at the ATM machine of respondent No. 2 / opposite party No. 2 (Indian Overseas Bank) for withdrawing an amount of Rs. 10,000/-, but the amount was not disbursed by the ATM machine. However, on 09.02.2016 at 12:44 p.m., the complainant received a message, depicting that sum of Rs. 10,000/- has been withdrawn from his account. The complainant immediately made a call at the customer care No. 18001801235 and stated that no amount was disbursed to him by the ATM machine, but his account has been debited by Rs. 10,000/-. The customer care officer told that it was system fault and the amount would be credited to his account within 24 hours and in case the amount is not credited within the said period, the complainant can contact his bank and receive the amount from the bank. On 10.02.2016, the complainant contacted the appellant – bank, whereupon he was told to submit the cash back form, stating that the amount would be credited to his account within a week. The complainant submitted the aforesaid form on 10.02.2016. However, the amount was not credited to the account of the complainant. The complainant sent a notice to the appellant and respondent No. 2, but in vain. Thereafter, the consumer complaint was filed by the complainant before the District Commission.

3. The appellant – bank filed written statement before the District Commission and pleaded that the complainant has intentionally not submitted the ATM slip. It was also submitted that the ATM card has a password (secret code), which is generated by the account holder. It is the sole responsibility of the account holder to keep the password confidential. The complainant has used his ATM card at the ATM machine of respondent No. 2, hence the liability to pay any amount is that of the said banker. On complaint being lodged, the matter was investigated and it was found that the transaction initiated by the complainant was successful. A copy of the inquiry report has been provided to the complainant, which he has intentionally not submitted. There has not been any deficiency in service on their part and the consumer complaint is liable to be dismissed against it.

4. The respondent No. 2 – bank filed written statement before the District Commission and submitted that the transaction dated 09.02.2016 initiated by the complainant was