Consumer forum
Nushi
(Querist) 30 October 2013
This query is : Resolved
Hello to all,
I have a query regarding District CF the cases where i am defending Nationalised Bank. all my cases are having same facts that
1)the Complainant goes to ATM
2) withdraw 10 thousand which does not come out but still get debited from the account
3) but in the JP log Report ( the only Proof on which we rely and submitted already) transaction was successful
4) CCTV footage Remains secured only for 90 days therefore no proof left by the time summons received & case proceedings get started.
Till date i have faced these issues only,,,if any adv. expert in same mentioned matter kindly advise as i am new in this profession,,,I would appreciate the concern.
Thanks
R.K Nanda
(Expert) 30 October 2013
file complaint in banking ombudsman against
bank.
ajay sethi
(Expert) 30 October 2013
in such cases issue would as to whether the complainant has immediately brought said fact to notice of bank . has complainant made a written complaint and requested bank to cross check the CCTV footage . if in spite of notice bank does not bother to verify the facts then bank would be negligent in its duties and can be hauled up for deficiency in service .
in such cases bank ought to preserve CCTV footage .
Sourav Chatterjee
(Expert) 30 October 2013
If the complaint took initiative in this matter after 90days but before 2 years then he is just taking the advantages from the loophole of the act. Mr.sethi's findings are absolutely correct about your problem.
Rajendra K Goyal
(Expert) 30 October 2013
Whether the cash checked and was tallied with the statements of ATM cash next date.
If so, submit the report thereof to consumer forum.
JP log and CCTV footage are main proofs with the Bank to prove the successful transaction.
P. Venu
(Expert) 30 October 2013
The complaint, prima facie, is questionable because it is in the normal human conduct (cf. Section 114 Indian Evidence Act) that the failed transaction would have been immediately brought to the notice of the Bank. This is a possible defence on the part of the Banks.
However, the Banks are less than transparent in this context; nay, they have not acknowledged that failed ATM transaction would occur, though this is quite common.
The onus vests with the Banks to acknowledge this problem and prominently display, within the ATM premises, instrction/guideline to the customers in such an eventuality.
Sarvesh Kumar Sharma Advocate
(Expert) 30 October 2013
