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faulty ATM machine

(Querist) 28 January 2009 This query is : Resolved 
Sir
when My friend operate his ATM & try to withdraw some amount by inserting his credir card in ATM machine,there appear a message on screen/display that ATM service is currently not available,thats why he collected his card from ATM machine & went his home next day when he again rushed at ATM machine for withdrawl he found that an amount of Rs. 20000/-was shown lesser than his actual balance there was showing a debit of Rs. 20000/- on previous date in fact not a single penny was withdrawn by my friend,now what is remady available to my friend as consumer forum has refused to entertain my complaint due to non-maintainability on this ground,bank has already refused to refund the amount,plz help me and provide citation on this deficiency of bank in regard operation of their faulty ATM machine .Thanks
Manish Singh (Expert) 29 January 2009
you meet the bank officials and give them your complaint in writing having a receipt of the same with you. keep on pushing them since they are liable to take appropiate actions against your greivances.
i dont think the Consumer forum should refuse the complaint after sufficient evidences of not getting your complaint entertained by bank officials.its a deficiency in service if you can show the cause.
Manish Singh (Expert) 29 January 2009
Dear Mr. Bansal,
i was looking for the abnking ombudsman scheme and found out that the appropiate forum for you is the banking ombudsman so make a compalint to the ombudsman and you shall be properly heard.

there are 15 obudsman in existence till date.. in almost all the big capitals of such states.
The Banking Ombudsman can receive and consider any complaint relating to the following deficiency in banking services:

non-payment or inordinate delay in the payment or collection of cheques, drafts, bills, etc.;
non-acceptance, without sufficient cause, of small denomination notes tendered for any purpose, and for charging of commission for this service;
non-acceptance, without sufficient cause, of coins tendered and for charging of commission for this service;
non-payment or delay in payment of inward remittances ;
failure to issue or delay in issue, of drafts, pay orders or bankers’ cheques;
non-adherence to prescribed working hours;
failure to honour guarantee or letter of credit commitments ;
failure to provide or delay in providing a banking facility (other than loans and advances) promised in writing by a bank or its direct selling agents;
delays, non-credit of proceeds to parties' accounts, non-payment of deposit or non-observance of the Reserve Bank directives, if any, applicable to rate of interest on deposits in any savings, current or other account maintained with a bank ;
delays in receipt of export proceeds, handling of export bills, collection of bills etc., for exporters provided the said complaints pertain to the bank's operations in India;
refusal to open deposit accounts without any valid reason for refusal;
levying of charges without adequate prior notice to the customer;
non-adherence by the bank or its subsidiaries to the instructions of Reserve Bank on ATM/debit card operations or credit card operations;
non-disbursement or delay in disbursement of pension to the extent the grievance can be attributed to the action on the part of the bank concerned, (but not with regard to its employees);
refusal to accept or delay in accepting payment towards taxes, as required by Reserve Bank/Government;
refusal to issue or delay in issuing, or failure to service or delay in servicing or redemption of Government securities;
forced closure of deposit accounts without due notice or without sufficient reason;
refusal to close or delay in closing the accounts;
non-adherence to the fair practices code as adopted by the bank; and
any other matter relating to the violation of the directives issued by the Reserve Bank in relation to banking or other services.
vinod bansal (Querist) 29 January 2009
So thanks sir
Uma parameswaran (Expert) 30 January 2009
I was also suffered same problem.The Bank available the record about the withdrawals from ATM.Give complaint to the Manager and give copy to the Regional Officer and Zonal Officer.You keep the photocopy of the slip from the ATM Counter with the complaint.
J. P. Shah (Expert) 30 January 2009
SINCE U HAVE FAILED AT DIST CONSUMER FORUM, BANKING OMBUDSMAN WILL NOT REGISTER YOUR COMPLAINT. OTHERWISE ALSO IT IS TIME BARRED FOR OMBUDSMAN. THE ONLY WAY OUT IS TO APPEAL AT STATE CON FORUM. I THINK MATTER WOULD NOT HAVE BEEN PROPERLY REPRESENTED AT DIST CONSUMER FORUM. HAS BANK PRODUCED COPIES OF RECORD OF ATM OPERATIONS ON THAT DAY? IF ACCOUNT IS WITH A PUBLIC SECTOR BANK, YOU CAN USE RTI ACT AND GET THE PAPERS IN YOUR SUPPORT FOR STATE FORUM APPEAL. I COULD SOLVE 2 SUCH PROBLEMS BY REFERING THE MATTER TO HEAD OFFICE OF THE BANKS ONLY. IN CASE CASH DOES NOT COME OUT, THE ATM RECORD SHOWS EXCESS CASH AT THE END OF THE DAY AND ALSO DETAILS OF CARD ETC.
vinod bansal (Querist) 31 January 2009
Thanks for valueable advise.
Vinod
Manish Singh (Expert) 31 January 2009
Aggrieved can file his complaint before the Banking Ombudsman if the reply is not received from the bank within a period of one month, after the bank concerned has received his representation, or the bank rejects the complaint, or the complainant is not satisfied with the reply given to him by the bank.

For filing a complaint before the Banking Ombudsman, it is essential for a complainant to first attempt to find a satisfactory solution directly with his bank by making a written representation to the bank named in the complaint. The complaint should, however, be made before expiry of period of one year after the cause of action has arisen.

so the limitation has nt been passed and you can file a complaint.

and another thing that rejection by a consumer forum is not a bar for entertaining the complaint by the ombudsman since it was neither an award, decree nor a judgment.


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