Husband cannot use Wife’s ATM, Court gives order in favor of SBI
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The Bangalore IVth Additional District Consumer Disputes Forum recently upheld the State Bank of India’s policy, asserting that a spouse cannot use the other’s debit card for transactions. This decision was the outcome of a prolonged legal case initiated by a woman from Bengaluru, who had requested her husband to withdraw money from her account using her SBI debit card.
What is the case?
In November 2013, Vandana, residing in Marathahalli, gave her SBI debit card and PIN to her husband, Rajesh Kumar, for an ATM withdrawal of Rs. 25,000. Despite receiving a debit confirmation slip, no cash was dispensed by the ATM.
Subsequent inquiries with SBI led to the bank citing the rule that an “ATM card is non-transferable and should not be used by anybody other than the account holder.” The bank refused any claims, asserting that since the husband used the debit card on behalf of the account holder, no claim requests could be entertained.
Vandana, determined to prove her case, obtained CCTV footage showing that her husband did not receive the cash. However, the bank dismissed the case, pointing out that the cardholder was not visible in the footage.
Utilizing the Right to Information (RTI) Act, Vandana acquired the cash verification report for the transaction day, indicating an excess of Rs. 25,000. Despite this evidence, SBI presented a counter report stating no excess cash was found. Even the Banking Ombudsman’s office closed the case, declaring ‘PIN shared, case closed.’
On October 21, 2014, Vandana approached the Bangalore IVth Additional District Consumer Disputes Redressal Forum, seeking a refund for the lost money in the transaction. She explained that, having recently delivered a baby, she couldn’t leave home and had entrusted her husband with the withdrawal.
After 3.5 years, in May 2018, the court ruled in favor of SBI, emphasizing that Vandana “should have given a self-cheque or an authorization letter to her husband for withdrawal of Rs 25,000, instead of sharing the PIN and making him withdraw the money.”
What about in a case where the ATM withdrawal is from an Account which is a Joint Account with Wife as 1st Holder & Husband is 2nd. The ATM Card is in the name of wife.
Regards
Judgement is not fair.
What would be the judgment if the account was a joint account with the husband? With due respect, the ruling appears flawed. The court should have first asserted whether the amount was dispensed by the machine or not. ‘Pin shared, case closed’ view is also not correct. When a married couple shares something, it shouldn’t be construed as breach of rule. I am disappointed by the ruling.
Worst attitude of SBI
It was due to a technical fault that the cash was not disbursed and not because the ATM machine was able to identify the customer and the ATM card.Otherwise the husband would have readily received the money even if ATM card was shared..Letter of authority for withdrawal is related to transactions inside branch.If the cash is not disbursed due to technical or connectivity problem DOES NOT MEAN the CASH BELONG TO BANK.
CASH NOT DISBURSED DUE TO TECHNICAL OR
CONNECTIVITY PROBLEM DOESN’T MEAN THE EXCESS CASH IN THE ATM CAN BE CONSIDERED
AS BANK’S INCOME..INSTEAD IT SHOULD BE CREDITED TO ACCOUNT HOLDER.
When the accont is a joint account both the holders are entitled to withdraw/deposit money through ATM machine as long as it is either or servivor/ Any one of the serveyor .
If I were in the place of Vandana,i would’ve intelligently made the account as joint after analysing the situation and then intentions of upcoming scenarios by consulting any retired Bank officer, if in case the jointly operated instructions effective date wasn’t shown in system, then i was sure to win..
Fake content…. No cash verification report can show excess atm cash in SBI….if such thing is found it will immediately be transferred to account within 7days without further delay. Please don’t write with half knowledge and downgrade banks. Thousands if such incidents are rectified in common everyday all over India in banks in priority. Please focus on fraudsters not on service providers
Penalise the erring customer but but rob them. When the cash report provef excess of 25k, how did the court accept the denial. This is day light thieving.
SBI is a very bad bank full of rude arrogant staff. Especially ladies. They don’t work but indulge in non stop chatting across counter. shouting in ridiculously accented Hindi… Every branch.
How bank’s ATM machine would identify the actual account holder. The ATM would process the debit card and dispense with the cash if correct PIN is given. The reason of cash not delivered is not understood and it’s the general practice that in case of technical fault the amount is credited to the account linked with Debit card, how it will be the income of the bank?
Shear injustice, where the cash has gone ,Do ATM recognise the actual card holder? Even the machine identify the wrong card holder ,which is not, then too it should have refused to accept the card instead holding the cash after debited being from account.
I think there is no excess cash found…fake or incorrect article.
Please give us suggestion that if account holder is not walking condition also required cash money then what he will do?
Common issue with SBI bank , their ATM have cash dispatch issue. That’s why I closed my SBI account. Slow response.
So I Trust only private banks. Faster response
If excess cash is found on record, she should approach court.. even in normal course of time, SBI bank has the worst service & some of the staff members are arrogant.
Will the top officials of all PSUs, all MLAs, MPs, Ministers, Chairman of SBI and others all stand in line outside ATMs to withdraw money personally ? Has the Honòurable Court applied its mind while pronouncing judgment ? Account to the Court’s logic, a pregnant lady in the 9th stage, aged invalids, wheelchair patients who cannot get up, all of them who don’t use cheque books should come in person to withdraw money from ATMs. And one of the ex-Chairmen of SBI comments that bank employees are underpaid !!
I have also once faced such kind of situation when I had deposit money via SBI ATM and received a deposit slip but it wasn’t credited to my bank account.Had to run between both the branches to prove my transaction but both the branches were not ready to accept their mistake thus I had to forget my money.SBI will never oblige their customers as they know it is a government sector bank and nobody is going touch them.
This sort of issues are happening with SBI ATM’s.
Even though cash is not dispensed and excess cash is actually found the SBI staffs are not interested in rectifying the error.They will make the clients to wait for two days and then only the client gets the answer.The only way to recover our money if it is not dispensed by ATM wait for two days and take the case to higher authorities.I had come across the same problem and recovered my money.