ஏடிஎம்-ல் நடக்கும் மோசடி.......Fraudulent withdrawal in ATM

III (2015) CPJ 135 (NC)

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Complainant requested CCTV footage which was not given. Hence, petitioner filed a complaint before Consumer Fora for Mental agony and harassment and Deficiency in service. District Forum allowed complaint and directed the petitioner bank to refund the amount of Rs. 10,000 to the complainant along with interest on that amount, at the rate of 9% per annum. The petitioner-bank was also directed to pay Rs. 3,000 as compensation and Rs. 3,000 as the cost of litigation to the complainant.

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An appeal by Bank before State Commission was dismissed appeal - Hence revision made before National Commission.

Counsel for the Bank argued that no cash from the account of the complainant could have been withdrawn without use of the ATM card which the petitioner-bank had issued to him along with use of the pin which the bank had provided to him. If the complainant himself did not withdraw cash from the bank on 10.11.2011, as is claimed by him, his ATM card must have been stolen or otherwise obtained by some unscrupulous person. Not only that, the ATM pin must have been either disclosed by the complainant to the person who withdrew cash from the bank or he would not have kept it in safe custody as a result of which the person who withdrew the money through the use of the ATM could lay his hand on the said pin and later feed the pin in the ATM machine while using the ATM card issued to the complainant. Therefore, no deficiency in services is made out on account of the alleged fraudulent withdrawal of Rs. 10,000 from the bank account

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Bank ought to have made available copy of CCTV footage to complainant Petitioner. Bank was deficient in rendering services to complainant, by not making available a copy of CCTV footage to him - Order of Fora below to the extent of refund of amount of Rs. 10,000 along with interest is set aside - However, order to the extent it awards compensation and cost of litigation is upheld.

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ஒருவருடைய ATM கார்டு மற்றும் அதன் PIN எண் தெரியாமல் பணம் எடுப்பது சாத்தியமில்லை. அவ்வாறு பணம் எடுக்கப்பட்டிருந்தால், அது வாடிக்கையாளரின் அஜாக்கிரதையினால் மட்டுமே சாத்தியம். அவ்வாறு எடுக்கப்பட்ட பணத்திற்கு வங்கி பொறுப்பல்ல. ஆனால், மேற்படி சம்பவத்தில் வாடிக்கையாளர், CCTV கேமராவின் பதிவை கேட்டால், வங்கி அவருக்கு வழங்க கடமைப்பட்டது.