IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 19.04.2016 Date of Hearing: 03.09.2024 Date of Decision: 08.01.2025 FIRST APPEAL NO.- 236/2016 IN THE MATTER OF STATE BANK OF INDIA, HAVING ITS CENTRAL OFFICE AT:

MADAME CAMA ROAD, NARIMAN POINT, MUMBAI-400021.

LOCAL HEAD OFFICE & ZONAL OFFICE AT:

11, PARLIAMENT STREET, BRANCH OFFICE AT:

R.K. PURAM, DELHI – 110066.

(Through: Ms. Jaya Tomar, Advocate)

…Appellant VERSUS MR. BRIJ MOHAN, S/O SH. DEVI RAM, R/O HOUSE NO. S-1, A-144, SHALIMAR GARDEN MAIN, SAHIBABAD, GHAZIABAD U.P.

(Respondent in person)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Mausam Sahni, counsel for the Appellant.

Respondent no. 1 in person.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“…the Complainant holds account No 1093282178 with SBI (O.P-I) who also issued him a debit card bearing No.

6220180107600382629.

It is alleged by the Complainant that on 19.6.11, he went to Karnal and withdrew a sum of Rs. 3000/- from the ATM of the State Bank of Patiala (O.P-II). However, on return to Delhi, when he visited his Branch of SBI in R.K Puram on 22.6.11, he learnt that there was a debit of Rs. 20,000/-on 19.6.11 withdrawn through the ATM of O.P-II at Karnal. He, therefore lodged a complaint with Police Station R.K.Puram on 22.6.11 and also made a complaint to the Branch Manager of O.P-I besides lodging a complaint on their customer care on 14.7.11. He also wrote a letter to the Information officer of R.K.Puram of O.P-I on 13.12.11 and received a report on 15.12.11, but when his further communication dated 14.3.12 and 27.3.12 did not bear any fruit, he approached Banking Ombudsman on 20.7.11 followed by reminders dated 24.9.11 and complaint dated 12.1.12. In response to his letter dated 20.7.11 he received a copy of letter dated 23.11.11 alongwith order dated 14.11.11 on 19.1.12 accompanied by CD to footage Aggrieved, the Complainant sent another letter to O.P-II asking for CD footage for withdrawal of Rs. 3000/- which the Complainant alleges they had not provided nor replied to this letter.

When he failed to get the relief asked for, he approached this Forum by filling the present complaint alleging deficiency-in-service on the part of both the O.Ps who failed to investigate and look into the matter as to how after 40 minutes of the transaction of withdrawal of Rs. 3000/- the second fraudulent and illegal transaction of Rs. 20,000/- had been done. He also alleged that the Debit Card was swiped around 28 times in succession before the second transaction was cleared to withdraw the amount of 20,000/-, while it was expected that the card is blocked after successive swiping for 3 times only. It is further alleged that the O. Ps should have immediately called for the CD footage of both the transaction as soon as they received his complaint but the O.Ps failed to even provide him the footage despite his visiting them several times. They even allegedly refused to provide footage for the first transaction of Rs. 3000/- carried out by him at Karnal, while the inserting panel of the ATM remained always in the custody of the O.Ps. He has accordingly, prayed for directions to O.Ps to credit Rs. 20,000/- in his account and compensate for mental torture, pain and agony with an amount of Rs.

50,000/- alongwith Rs. 10,000/- as litigation charges.”

2. The District Commission after taking into consideration the material available on record passed the order dated 07.08.2015, whereby it held as under:

“After the pleadings were complete and the Complainant filed written argument, we heard the Complainant as none appeared on behalf of O.P-I or O.P-II nor did they file their written argument. We have carefully perused the record and thoughtfully considered the testimonies of the Complainant and Sh. D.P. Singh Assistant and General Manager of O.P-I and Sh. Ramphal