SBI gets pulled for faulty CCTV at ATM in Ambala
The consumer court has also directed SBI regional office, Sector 5, Panchkula, and SBI Ambala Cantt, to pay ₹25,000 as compensation for mental agony and harassment in addition to ₹5,000 as the cost of litigation “jointly and severally”
District consumer disputes redressal commission, Panchkula, held the State Bank of India (SBI) “grossly negligent and deficient” for non-functional CCTV cameras of an ATM.
In her complaint, Urmila Sharma of Himshika Colony, Pinjore, had said that on August 21, 2018, her purse, carrying jewellery, ATM card, PAN card and keys of a bank locker, was stolen while she was going from her house on a three wheeler to Kalka. The PIN of the ATM card was written on a small envelope containing ATM Card. When she returned home she got a message on mobile phone regarding withdrawal of ₹21,000. On August 22, 2018 she made enquiries from Punjab National bank (PNB), where she had an account, and was told that the amount was withdrawn from an SBI ATM in Ambala. She got the ATM card blocked and registered a FIR in police station Pinjore on August 26, 2018. Sharma alleged that the CCTV of the ATM was not working.
“Bank was grossly negligent and deficient and thus cannot be permitted to run away from their basic duty to maintain and keep CCTV camera fitted in the ATM in a perfect working condition without any defects,” ruled the commission’s order while disposing off the complaint of Urmila Sharma, a Pinjore resident.
“It is the utmost duty of a bank to keep and maintain its ATMs in perfect working condition and free of any defects....the same (cameras) are an integral and essential part of the entire mechanism pertaining to the working /functioning of the ATM,” ruled the commission.
The order added, “The bank was lacking in their duty not only towards the customers but also had failed to follow the directions of government /RBI while not keeping and maintaining the CCTV cameras in order on August 21, 2018.”
The commission has also directed SBI regional office, Sector 5, Panchkula, and SBI Ambala Cantt, to pay ₹25,000 as compensation for mental agony and harassment in addition to ₹5,000 as the cost of litigation “jointly and severally”. The bank has been given 45 days for complying with the order.
Customer was negligent: Commission
SBI regional office and SBI Ambala Cantt sought dismissal of the complaint alleging negligence on part of the complainant.
The bank said, “The complainant had written PIN on the envelope thus complainant herself had facilitated the unauthorised person, if any, to withdraw the amount in sheer negligence. Thus no liability can be fastened upon the bank for unauthorised use of card.”
Holding, Urmila “negligent” while not taking proper care and precautions in keeping the ATM card in her custody, the consumer commission directed SBI to pay only ₹15,750 (of the unauthorised withdrawal) along with 9%interest from August 22 till realisation.
