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Punjab National Bank Held Liable for not providing CCTV footage of ATM withdrawal


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The District Consumer Disputes Redressal Commission-VII, Southwest Delhi bench recently ruled in favor of a complainant against Punjab National Bank (PNB) for deficiency in services. The bench, comprising Suresh Kumar Gupta (President) and Ramesh Chand Yadav (Member), found PNB responsible for failing to adequately investigate unauthorized transactions from the complainant’s account and preserve crucial evidence.

Unauthorized Withdrawals and Lack of Response

The complainant reported unauthorized withdrawals from his PNB bank account. Withdrawals totaling Rs. 1,00,000/- were made on September 20, 23, and 26, 2012. Specifically, the complainant disputed a transaction of Rs. 25,000/- on September 23, 2012, which was allegedly made from two separate ATMs located at SR International School, Najafgarh. The complainant claimed that he did not authorize or execute these transactions. Despite lodging complaints with PNB, the local police station, and the Banking Ombudsman, the complainant did not receive a satisfactory response.

PNB’s Defense and Doubts Raised

PNB argued that the complainant or someone with access to his ATM card and PIN executed the withdrawals. They claimed that withdrawals of Rs. 25,000/- each were made from two different ATMs, one at Shri Ram International School, Najafgarh, and another on Thana Road Najafgarh, on September 23, 2012. PNB contended that the withdrawal pattern matched the complainant’s usual transactions, suggesting deliberate and planned transactions by someone with access to the complainant’s ATM card.

However, the District Commission raised doubts about the complainant’s involvement. They found it improbable that the complainant would make multiple withdrawals from various ATMs in such a manner. This raised suspicions that the withdrawals may not have been authorized by him.

Lack of Crucial Evidence and Inadequate Response

The District Commission noted the absence of CCTV footage or video evidence from the ATMs, which could have provided clarity regarding the identity of the individual conducting the transactions. They held PNB accountable for failing to produce this crucial evidence, raising questions about the bank’s handling of the case and its commitment to transparently resolving the matter. Additionally, the lack of timely action by PNB in response to the complainant’s grievances was deemed unacceptable, as it hindered the preservation of potentially vital evidence.

Furthermore, PNB did not provide any explanation for the absence of SMS alerts on the complainant’s registered mobile number, which could have alerted him to the unauthorized transactions.

Ruling and Compensation

The District Commission concluded that PNB’s failure to adequately investigate the matter and preserve crucial evidence constituted a deficiency in service. As a result, they ruled in favor of the complainant and directed PNB to refund the disputed amount of Rs. 1,00,000/- along with 7% interest from the date of filing the complaint. Additionally, PNB was ordered to pay Rs. 15,000/- as compensation for the complainant’s mental agony and harassment.

In summary, the District Consumer Disputes Redressal Commission-VII, Southwest Delhi bench held Punjab National Bank liable for deficiency in services due to their failure to adequately investigate unauthorized transactions and preserve crucial evidence. The bank was directed to refund the disputed amount and provide compensation to the complainant.

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