Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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raj kumar ji (LAW STUDENT )     09 June 2010

A.T.M. MACHINE FALIURE ??????????

SIR ,

I HAVE A ACCOUNT IN STATE BANK OF INDIA . I HAVE ITS ATM CARD ALSO .ONE DAY I DEBITED 10000RS/-THROUGH ATM BUT IT NOT DISPENSE THE MONEY BY ATM .IN THE OTHER HAND I ASTRONISH THAT THE MONEY IS DEBITED 10000RS/-FROM MY ACCOUNT .I GAVE THIS MONEY TO MY LAND LORD BUT I M FAILED TO GIVE THEM .

AFTER THAT WE INFORM THE BANK FOR THIS FAULT OF OWN BRANCH .BUT THE BANK SAID WE COULD NOT DO ANY THING U REGISTER UR COMPLAINT TO SBI CUSTMER CARE DEPTT.I

I REGISTER MY COMPLAINT IN CUSTMERCARE CELL .I HAVE A COMPLAINT SLIP OR COMPLAINT NO.

AFTER THE THREE MONTHS PASSED I HAVE NOT GET MY MONEY AND ALSO I PAID THE 5%INTEREST TO THE LAND LORD OF RS-10000/

NOW I GET THE 10000RS FRM THE BANK AFTER 4 MONTH LATER .

 

NOW I WANT TO KNOW THAT I CAN CLAIM ON A BANK FOR DELAY THE PAYMENT OR ITS THERE MISTAKE .AND ALSO TO LOSS OF MY MONEY ?

CAN BANK GAVE INTEREST ON THE GAP .



Learning

 19 Replies

sangram (service)     09 June 2010

Bank has to give interest but u have to lodge a complaint to competant authority.

Regards,Sangram

Daksh (Student)     09 June 2010

Mr.Raj Kumar Ji,

Your relationship with the bank is governed through the contract signed at the time of opening of account which invariably carries the Force majuere clause as such any probable action by you is taken care.

Secondly at the best you can go before the Consumer Forum seeking damages for deficiency of service but being a quasi judicial authority and provision of ombudsmen in Banking operations again any probable action by you is curtailed.

Last but not least your only safe bet is to approach ombudsmen in this regard.

Best Regards

Daksh

RAMESH KUMAR VERMA (pursuing company secretary course)     09 June 2010

IN INDIA, THERE ARE THE BED CONDITION OCCURS WHEN THE ATM CARD BLOCK OR SAME CONDITION FROM YOUR SIDE OCCURS .

YOU ARE REQUEST TO PLEASE GO TO THE RESERVE BANK OF INDIA WEB SITE. AND LODGE A COMPLAINT AGAINST THE BANKER .

IF YOU COULD NOT LODGE THE COMPLAINT HOW CAN RETURN YOUR MONEY AND INTEREST.

IF YOU COULD NOT APPLY , I CAN GIVE A FORMAT YOU , ASK ME ,

REGARDS,

Rahul Goyal (Student)     19 June 2010

I agree with Daksh

Only solution to this is to approach Consumer Forum or finally the ombudsmen

sanjay kumar (BE/ LLM in Corporate Laws)     19 June 2010

In my opinion, ATMs is a facility provided by the Banks to their customers for convinience. The Bank dont charge anything for this service from the customers. The customers are free either to utilise the facility or not utilise them. The choice is entire theirs and Banks do not have any compulsion.

Since the service is free and a convinience-measure for the benefits of the customers, the banks are in no way liable to pay compensation in case of failure to provide the requisite services.

The liability of the Banks is limited to regularise the transaction which has actually not materialised but shown in the accounts.

Rahul Goyal (Student)     19 June 2010

Mr. Sanjay

I actually think differently here.

First of all every bank charges an annual maintaience fees from the customers who are availing ATM services. Thus, this makes them liable to provide efficient services to their customers.

 

Secondly the liability of the bank is not limited to just regularising the transaction but it is their duty to make sure that transaction is completed i.e. the customer should get the money.

 

Another point as you said that bank is providing ATM services in order to provide their customers with the convience and for the benefits of the customers. In that case also bank needs to make sure that the whole transaction is getting completed and even if there is a default as in these case, they have to make sure that it gets resolved as soon as possible; which isn't the case here. 

sanjay kumar (BE/ LLM in Corporate Laws)     21 June 2010

Dear Mr.Rahul,

I have just obtained the proforma from SBI for ATM Cards which also details the terms and conditions of the operation.

The TACs nowhere specify that the Bank is liable to pay any interest/compensation to a failed transaction. The relevant portions are quoted below :-

(f) Transactions

* The transaction record generated by the ATM will be conclusive and binding unless found to be otherwise on verification and corrected by the Bank. The verified and corrected amount will be binding on the Card Holder's deposit(cash and/or cheques etc.) and will be verified by two officials of the Bank and their account will be deemed to be correct. Errors will be notified to the card holder by mail.

Except for the above, there are no provisions of the failed transaction. The liability of the Bank is just to "correct" the transaction and nothing more.

Rahul Goyal (Student)     21 June 2010

Mr Sanjay

I agree completely with you on that. Almost all the banks have same conditions.

 

But, a point to be noted here is the time taken by the taken to give the money back to the customer is 4 months. which is a long duration by any means and consumer has suffered due to that.

 

That's why i sugessted that as a consumer Mr. Rajkumar's only hope is consumer forum or ombudsmen

raj kumar ji (LAW STUDENT )     19 August 2010

no rbi pass the circular to all the banks .

raj kumar ji (LAW STUDENT )     25 August 2010

rbi pass the circular to loss the custmer bank gave the compensation of that .


Attached File : 56 RBICircular FaultyATMTransactionNoCash.rar downloaded: 93 times

sk (manager )     30 August 2010

hi ..

As per the RBI circular dated july 17th, 2009 vide # RBI/2009-2010/100, the bank, where you are holding the a/c has to accept the complaint and return your fund within 12 days of the complaint. If the funds are not reversed within 10 days then the concerned bank has to pay Rs 100 per day for the delayed period . In your case, You have to put the request to the bank for the compensation with a copy of the banking ombudsman .

PANAGANTI SATYANARAYANA (ENGINEER)     31 August 2010

RESPECTED SIRS,

I P.SATYANARAYANA,I AM STAYING IN PATANCHERU,MEDAK DISTICT,AP.

I HAVE AN ACCOUNT IN "PUNJAB NATIONAL BANK" AT PATANCHERU,MEDAK DIST.

PAST ONE YEAR BACK I TRY TO DRAW OF MONEY THROUGH ATM CARD IN PUNJAB NATIONAL BANK ATM AT PATANCHERU,MEDAK DIST.5000/- IS TO BE DRAWNED.

NEXT DAY I GO TO AGAIN SHOW TO BALANCE IN MY ACCOUNT TOTALLY DRAWNED LAST DAY 15000/-.BUT I AM DRAWNED 5000/- ONLY.

I IMMEDIATELY  I CALL TO CUSTOMER CARE OF PUNJAB BANK. I EXPLAINED ABOVE MATTER.SOME CUSTOMER CARE EXECUTIVE IS SAID YOU(I MEAN ME)GO AND FIRST INFORM TO BANK MANAGER.

THEN I GO TO PUNJAB NATIONAL BANK.
THAT ABOVE SITUATION I EXPLAINED IN TO PUNJAB NATIONAL BANK MANAGER. AND I COMPLIANT TO THE BANK.

BANK MANAGER IS SAID PLEASE WAIT YOU. I VERIFY AFTER PASS YOUR AMOUNT TO YOU ACCOUNT WITH IN 42 DAYS.

I WAITED 3 MONTHS,AGAIN I GO TO BANK TO COMPLAINT TO MANGER. HE SAID WAIT YOUR COMPLAINT IN PROCESSING. WAIT FOR ONE
MONTH.

TOTALLY FOUR MONTHS IS OVER.
SAME I AM GOING AN D COMBINED TO MANAGER.
THE ABOVE PROCESS IS REPEATED 3 TIMES.

LAST 15 DAYS BACK MANGER IS SAID YOU COMPLIANT TO MAIN BRANCH OF "PUNJAB NATIONAL BANK" AT LAKDIKAPOOL ,HYDERABAD,AP DIST.

ALREADY ONE YEAR IS OVER.

"WHO IS THE RIGHT PERSON TO INFORMING"

PLEASE KINDLY UNDERSTAND MY PROBLEM AND GIVE ME SOME YOUR VALUABLE SUGGESTIONS.

TANKING YOU SIR,

P.SATYANARAYANA
9590103143/8806598650

  
 

sk (manager )     31 August 2010

Dear Satya,  1st of all you have to give the complaint in writting to your bank, mentioning all thes issues from the begining( mention the earlier complaint no.s also and date )  . Wait for 7 days . Then you have to send the copy of the receiving and a application to the banking ombudsman of your area . You can get the addredd of the ombudsman from any bank branch either urs or any other. There is a provision of posting the ombudsman address in the notice board of every scheduled bank.

Don't forget to demand the compensation @ 100 per day after 12th day of your 1st complaint till date .

SK

Parthasarathi Loganathan (Advocate)     10 September 2010

Banking Ombudsman is the best forum to get all such grievances redressed,  


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