Effect of fault in ATM Machine-Electronic evidence
When the defendant had denied operating the ATM machine at all using the card, the burden was only on the plaintiff to prove, may be by calling in aid a presumption in favour of the plaintiff, but that has not happened in the present case. Even with regard to the ledger extract of the Savings Bank account it cannot even be said that the entries are in the normal course of banking business transaction. I say so because even in terms of plaint averments and the evidence on record, etc. while Savings Bank account of the defendant shows balance of Rs. 96/- on 31.3.1999; the claim of the plaintiff that a sum of Rs. 5,000/- was drawn on 20.4.1999 which makes the balance negative in the Savings Bank account of the defendant; but what is more inexplicable is that further drawals of Rs. 5,000/- on 25.4.1999 and again on 26.4.1999 which according to the bank were made without sufficient balance available in the Savings Bank account which remained negative and vary surprisingly the bank chose to issue a notice of these irregularities only on 10.07.1999 by addressing a letter to the defendant. Overdrawing of the Savings Bank account is not a normal banking practice. If the Savings Bank account should have been overdrawn the bank should have immediately apprised the customer and should have prevented further overdrawals.
