STATE CONSUMER DISPUTES REDRESSAL COMMISSION MADHYA PRADESH FIRST APPEAL NO. SC/23/A/22/262 STATE BANK OF INDIA PRESENT ADDRESS - THRO BR. MANAGER, MAIN BR. CHHINDWARA, DIST. CHHINDWARA ,MADHYA PRADESH.

.......Appellant(s)

Versus KUBERCHAND JAIN PRESENT ADDRESS - R/O GANESH COLONY, PANI KI TANKI KE PASS, CHHINDWARA, P.S.

KUNDIPURA CHOWKI, DIST. CHHINDWARA. ,MADHYA PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MR. DR.SRIKANTH PANDEY , PRESIDING MEMBER HON'BLE MRS. DR. MONIKA MALIK , MEMBER FOR THE APPELLANT: STATE BANK OF INDIA FOR THE RESPONDENT:

KUBERCHAND JAIN DATED: 13/06/2025

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 262 OF 2022 (Arising out of order dated 19.01.2022 passed in C.C.No.157/2018 by District Commission, Chhindwara)

STATE BANK OF INDIA, ACTING THROUGH ITS BRANCH MANAGER, MAIN BRANCH, CHHINDWARA (M.P.) … APPELLANT.

Versus KUBERCHAND JAIN, S/O LATE SHRI JHANKARLAL JAIN, R/O GANESH COLONY, NEAR PANI KI TANKI, POLICE STATION-KUNDIPURA CHOWKI, CHHINDWARA (M.P.) … RESPONDENT.

BEFORE :

HON’BLE JUSTICE SUNITA YADAV : PRESIDENT HON’BLE DR. MONIKA MALIK : MEMBER COUNSEL FOR PARTIES :

Shri Vijay Shahani, learned counsel for the appellant.

Shri Rajneesh Jain and Shri Vishnu Tiwari, learned counsel for the respondent.

O R D E R

(Passed On 13.06.2025)

Per Say Justice Sunita Yadav, President The opposite party/appellant has filed this appeal against the order dated 19.01.2022 passed by the District Consumer Disputes Redressal Commission, Chhindwara (for short ‘District Commission’) in C.C.No.157/2018 whereby the complaint filed by the complainant/respondent has been allowed.

2. Facts of the case in short are that the complainant and his wife are having a joint savings bank account no.10545036760 with the opposite party bank with ATM card facility. His ATM Card number is 4591150105276729 by which he used to withdrawal of funds from his bank account. It is submitted by the complainant that on 14.04.2018, a sum of Rs.40,000/- was withdrawn in two installments of Rs.20,000/- each from ATM situated Kokar Shiv Mandir. Further a cash sum of Rs.40,000/- was withdrawn from SBI ATM situated at Ranchi. Further submitted that on 14.04.2018, a sum of Rs.40,000/- was transferred in bank account number 459115000751852 & 00000035444200041 belonging to one Guddi Devi. In this way a sum of Rs.1,20,000/- was unauthorizedly withdrawn from the bank account of the complainant.

3. It is further submitted that on 15.04.2018, Rs.20,000/- twice were withdrawn from ATM situated at East Jail Road, Kanpur. On the same day on 15.04.2018, Rs.40,000/- were transferred in aforesaid account of Guddi Devi. Similarly on 15.04.2018, Rs.80,000/- was withdrawn from his account. On 16.04.2018, Rs.40,000/- was withdrawn from his account from ATM situated at Kanpur and Rs.40,000/- was transferred to bank account of Guddi Devi. On 17.04.2018, sum of Rs.40,000/- was transferred in bank account number 4592000135957757 & 000010545083664 belonging to one Nawal Singh Choudhary. On the same day i.e. 17.04.2018, a sum of Rs.40,000/- was withdrawn from ATM situated at Kuleti. On 18.04.2018, a sum of Rs.40,000/- in cash was -3-

withdrawn from ATM situated at Dhanbad, Jharkhand. On 19.04.2018, a sum of Rs.20,000/- was withdrawn twice from ATM situated at Kodarma. On 19.04.2018, a sum of Rs.40,000/- was transferred to the aforesaid account of Nawal Singh Choudhary. In this way a total sum of Rs.4,80,000/- were unauthorizedly withdrawn from the bank account of the complainant.

4. It is further submitted by the complainant that on 20.04.2018, the complainant had approached the opposite party/appellant-bank and got his ATM Card blocked. He further made a police complaint in Police Station Kotwali wherein the complainant made allegations upon the opposite party's branch manager of his involvement with the fraudsters in the alleged withdrawals made from his bank account. The complainant further submitted that another ATM card bearing number