Rs 10,000 ATM error leaves Karur Vysya Bank facing Rs 100 per day penalty since 2017

“As OP-1 (Karur Vysya Bank Ltd) failed to comply with the direction issued by RBI and even failed to redress the grievance of the Complainant by passing a speaking order, this amounts to deficiency in service for which the Complainant is entitled to compensation also,” the June 1 order read. 

‘ATM bank not liable’

• The consumer body found that Karur Vysya Bank, being the issuing bank, failed to follow the RBI circular governing failed ATM transactions and did not properly address the complainant’s grievance.
• The commission held that liability rested with the issuing bank and not Bank of India, which merely operated the ATM where the transaction took place
• The consumer body directed the Karur Vysya Bank to refund Rs 10,000 debited in 2017 along with interest at the rate of 6 per cent per annum from the date of debit till realisation.
• It was further directed to pay compensation at the rate of Rs 100 per day from the date of debit till realisation. 
• The commission also ordered to pay Rs 7,500 as compensation on account of mental harassment and agony, inclusive of litigation expenses within 30 days. 

Nine-year fight over a failed ATM transaction

The Complainant claimed that he has a savings bank account with Karur Vysya Bank Ltd. On October 19, 2017, the complainant allegedly visited the ATM of Bank of India in Delhi to withdraw a sum of Rs 10,000 from his savings bank account. 

However, it was alleged that the Bank of India ATM, despite showing a successful transaction, did not dispense the amount. The complainant stated that he immediately called on the helpline number of Karur Vysya Bank to register a complaint. He added that the customer care executive informed him that the amount would be automatically credited to his account within 24 hours. 

However, it was claimed that the amount was not credited within the suggested time, and then the complainant approached the helpline number of Karur Vysya Bank and registered a complaint on October 20, 2017. Despite repeated efforts, no response was received from the complainant. The complainant again made a telephonic complaint on October 31, 2017, requesting to credit Rs 10,000, which had been falsely deducted from the account of the complainant. 

He again filed a second written complaint on November 9, 2017, with Karur Vysya Bank, requesting them to resolve his grievance. Thereafter, the complainant visited the branch office of Karur Vysya Bank on several occasions, but the concerned officials /branch manager, while assuring the complainant that the amount would be credited to his account, kept on deferring the matter on the pretext that the delay is on account of Bank of India. 

It was alleged that Karur Vysya Bank has failed to abide by the rules and regulations framed by the RBI, according to which the grievance of the complainant has to be resolved within a period of one month. 

He claimed that Karur Vysya Bank was grossly negligent and deficient in rendering due services to the complainant as they deliberately failed to provide the assured services to him. 

Defence of Karur Vysya Bank

The bank submitted that the complaint is nothing but misuse of process of law and is false, frivolous and vexatious, filed without any legal ground and therefore the same is liable to be dismissed. 

It was further added that there is no deficiency in services on the part of the bank. It was further added that the complainant himself is at fault and the alleged dispute, if any, has arisen only on account of improper handling and use of ATM card by the complainant itself.

It was also submitted by the Karur Vysya Bank that the complainant has unnecessarily dragged them into frivolous litigation as they had no concern with the working/functioning of the ATM of the bank of India

It was claimed that the transaction was made through the ATM card which was exclusively in possession of the complainant and he had the exclusive knowledge regarding PIN. The Karur Vysya Bank claimed that it was not the case of the complainant that his ATM card was stolen or the same was misplaced; it could not be said that there was deficiency in rendering service on their part. It was stated that the complaint under reply violates the legal principle of “caveat emptor”, which means that “let the buyer be aware”.  

Significance of this order

The ruling reinforces that in cases of failed ATM transactions, the primary responsibility lies with the issuing bank, the bank where the customer maintains the account, and not necessarily the bank operating the ATM.

Consumer helpline number of respective state and national consumer commission- For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Helpline: 1800-11-4000) or call the National Consumer Helpline at 1915 for assistance.