5 days ago
Kerala Commission Orders Rs 70,000 Over Failed ATM Withdrawal
A man in Kerala tried to take Rs 10,000 from an ATM.
The machine did not give him any money.
His bank account nevertheless showed that Rs 10,000 had been taken out.
The bank said its records showed the transaction had worked.
The consumer commission said the bank did not provide convincing proof that cash was given.
It also said the bank had to investigate the problem, even though another bank operated the ATM.
The commission ordered the bank to return the Rs 10,000.
It also ordered Rs 50,000 for his trouble and Rs 10,000 for legal costs.
A Kerala customer said Rs 10,000 was debited although an ATM dispensed no cash.
The disputed transaction occurred on March 1, with reports differing on whether the year was 2014 or 2015.
The bank argued its records showed the withdrawal was successful and cash had been dispensed.
The Thrissur District Consumer Commission said electronic ATM records did not show the disputed transaction and the bank failed to prove cash was received.
The commission ordered a Rs 10,000 refund, Rs 50,000 compensation, and Rs 10,000 in litigation costs within one month.
- Who
- A Kerala bank customer, his account-holding bank, another bank operating the ATM, and the Thrissur District Consumer Commission.
- What
- The commission ordered the account-holding bank to pay Rs 70,000 after Rs 10,000 was debited without cash being dispensed.
- Where
- The dispute was heard by the Thrissur District Consumer Commission in Kerala.
- When
- The reports place the ATM transaction on March 1, but differ on the year: one says 2014 and another says 2015. The commission order is identified as dated August 31 in one report and as issued the following week in another.
- Why
- The commission found that the bank failed to properly investigate and reconcile the disputed transaction or prove that the customer received the cash.
Customer and Commission
Account-Holding Bank
Whether cash was dispensed
Customer and Commission
The customer said the ATM gave him no cash, and the commission found that the ATM’s electronic records did not show the disputed transaction or prove that he received the money.
Account-Holding Bank
The bank said its account records and transaction statement showed a successful Rs 10,000 ATM withdrawal and claimed that cash had been dispensed.
Responsibility for resolving the dispute
Customer and Commission
The commission said the bank holding the customer’s account had to investigate, reconcile the transaction, coordinate with the other bank, and address the customer’s grievance.
Account-Holding Bank
The bank rejected the claim after relying on its records and its investigation, which it said found the transaction successful.
Responsibility of the ATM-operating bank
Customer and Commission
The commission found no independent deficiency or negligence by the other bank that operated the ATM and dismissed the complaint against it.
Account-Holding Bank
The ATM-operating bank’s position is not separately described in the reports.
Key facts
- Amount debited
- Rs 10,000
- Total award
- Rs 70,000
- Compensation
- Rs 50,000
- Litigation costs
- Rs 10,000
- Transaction date
- March 1; reports disagree whether the year was 2014 or 2015
- Compliance deadline
- Within one month
- Consumer commission
- Thrissur District Consumer Commission
- Customer helplines
- Kerala: 1800-425-1550; National Consumer Helpline: 1915
Quotes
Thrissur District Consumer Commission
The Kerala consumer commission hearing the customer’s complaint.
“Instead of resolving the grievance on the basis of proper verification and supporting records, the 1st opposite party (bank) rejected the claim without producing convincing evidence regarding the successful dispensation of cash. Such conduct on the part of the 1st opposite party caused considerable mental agony, inconvenience, financial hardship, and loss to the complainant, demanding compensation.”
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“The complainant, being an account holder and consumer of the 1st opposite party bank, was legitimately entitled to fair, transparent, and efficient banking service.”
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