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Bank atm transaction failed but amount debited.

(Querist) 27 April 2019 This query is : Resolved 
Dear Experts,

I have complained to Banking Ombudsman stating that my account debited without delivering rs.25,000/- Cash at Bank of Baroda own ATM and finally I got rely as under:

We thank you for your complaint No. 201819018001635 In this connection, it is advised that your complaint has been examined by us and it is observed that your complaint is non-maintainable under Clause 9 (3) (a) of Banking Ombudsman Scheme : ‘ No representation made to bank ’.

I am not having any proof for the declined transaction hence my lawyer said that there is no base to go to couts.

Please guide.
Dr J C Vashista (Expert) 28 April 2019
Write to your banker and wait for response.
For further questions/queries consult a local prudent lawyer with relevant documents for appreciation of facts including response, guidance and proceeding.
M V Gupta (Expert) 28 April 2019
When a transaction at ATM fails, a slip is generated advising failure of transaction. In the absence of the slip it will be a question of malfunctioning the machine which you should report immediately to the bank for rectification. As you have not preserved the ATM slip it is very difficult for you to lodge a complaint with the bank also.
P. Venu (Expert) 28 April 2019
You were at fault in directly approaching the Ombudsman without taking up the matter with the Bank. You may take up the matter with the Bank.
Gaurav Kr (Querist) 29 April 2019
Sir,

I have requested to the Bank first. After a month I was shown the ATM operator record and "ATM Camera" just showing my face and concluded that I have received the amount. Further, the BM said that if I don't accept the receipt of amount, Bank will go for an FIR.

After that I send the complain to Ombudsman.

Please guide.
KISHAN DUTT KALASKAR (Expert) 06 May 2019
Dear Sir,
For Rs. 25,000/- if you go to Courts it may be waste. Instead you may approach the same bank with fresh complaint a copy must be addressed to the head office. Thereafter again approach the Ombudsman freshly. In the meanwhile you may file consumer case for deficiency of service and claim compensation also. It may be conducted by yourself in Party in Person.

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