STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN FIRST APPEAL NO. 317 / 2019 Central Bank of India A Body Corporate constituted under the Banking Companies (Acquisition & Transfer of Undertaking) Act, 1970 having its Head Office at Chandermukhi Building, Nariman Point Mumbai and several branches all over India including one Branch at Jwalapur, District Haridwar (Uttarakhand) through its Branch Manager Smt. Priya Ahuja, Central Bank of India, Branch Jwalapur District Haridwar, Uttarakhand …… Appellant / Opposite Party Versus Sh. Shivcharan Lal S/o Sh. Amarnath R/o D-36, Shriram Nagar Colony Near Gurudwara, Jwalapur Tehsil and District Haridwar …… Respondent / Complainant Sh. Shrawan Kumar Gupta, Learned Counsel for the Appellant None for Respondent Coram: Hon’ble Mr. Justice D.S. Tripathi, President Mr. Udai Singh Tolia, Member-II Dated: 09/05/2022

ORDER

(Per: Justice D.S. Tripathi, President):

This appeal under Section 15 of the Consumer Protection Act, 1986 has been preferred against the impugned judgment and order dated 20.07.2019 passed by the District Consumer Disputes Redressal Commission, Haridwar (in short “The District Commission”) in consumer complaint No. 151 of 2016; Sh. Shivcharan Lal Vs. Regional Manager, Central Bank of India, by which the consumer complaint was allowed and the appellant was directed to pay sum of Rs. 36,000/- to the respondent – complainant together with interest @6% p.a. from the date of filing of the consumer complaint till payment and Rs. 5,000/- towards litigation expenses.

2. Facts giving rise to this appeal, in brief, are that according to the consumer complaint, the respondent – complainant is having a Saving Bank Account No. 2176617825 with the appellant – opposite party, in regard to which, he has also been provided the ATM facility. On 17.01.2016, the complainant visited the ATM of the appellant for withdrawal of Rs. 10,000/-, but during the process of withdrawal, word “sorry’ was displayed on the screen of ATM. Even on second attempt, the same word “sorry” was displayed, on account whereof, the amount could not be disbursed / received. The guard deployed at the ATM, told the complainant that the internet is not working properly and he should come after ½ an hour. The complainant again visited the ATM after ½ an hour for withdrawal of the aforesaid amount, but at that time too, word “sorry” was displayed on the screen of ATM and no amount was received by the complainant. On 07.02.2016, the complainant withdrew sum of Rs. 10,000/- from the same ATM and thereafter checked his account, whereupon it transpired that on 17.01.2016, sum of Rs. 36,000/- was withdrawn from his account. The complainant lodged the complaint on the toll free number of the bank and requested for credit of the amount illegally withdrawn / debited from his account, but to no avail. The act of the bank has caused mental and financial agony to the complainant. Thus, the consumer complaint was instituted before the District Commission.

3. The appellant filed written statement before the District Commission, wherein it was averred that after every transaction on the ATM, a slip is generated, which contains the full description of the transaction undertaken. The complainant has intentionally not produced the ATM slips. No cess / amount has been charged from the complainant for providing the ATM facility. The ATM card has a secret code / password, which is known to the account holder and in case of misuse of the ATM card, the responsibility is that of the account holder, as the ATM card and password are in his / her possession. It is also stated that on necessary inquiry, it was found that sum of Rs. 36,000/- has been withdrawn by use of ATM and the transaction was successful. There has not been any deficiency in service on the part of the bank and the bank is not liable to pay any amount to the complainant.

4. After giving opportunity of hearing to the parties, the consumer complaint has been allowed by learn