The East Delhi District Consumer Disputes Redressal Forum, presided by N A Zaidi, said it was the bank's duty to see that the CCTVs in ATMs were placed in such a manner that they could record the identity of the person operating the machine and the amount delivered to him.
The forum asked the bank to pay Rs 30,000, including compensation for causing harassment, to East Delhi resident Arun Sharma after noting that Rs 20,000, which was debited from his account through the bank's ATM, was never withdrawn by him.
"The entire material on record clearly shows that the transaction in question (Rs 20,000) was not carried out by the complainant and the amount which has been debited from the account of the complainant was never withdrawn by him.
"It is the duty of the Bank to keep their ATMs free from any kind of fault, the CCTV cameras should be fixed in such a manner that they could record the identity of the person operating machine and recording the amount delivered by the machine," the forum, also comprising its member Poonam Malhotra, said.
It also said that since these facilities were not in place at the bank's ATM, advantage can always be taken by an "unscrupulous" person of such defects in the machine as it has been taken in this case.
It said the ATM record showed that Rs 20,000 transaction took place at 7.30 AM on October 28, 2010 but as per the complainant, the CCTV footage which was played in front of the branch manager of the bank showed that Sharma had visited the ATM at 7 AM but the machine had not responded.
Sharma, who was having a saving account with the bank's Vikas Marg branch in Laxmi Nagar, had told the forum that on October 28, 2010, he had tried to withdraw money from the ATM at 7 AM but the machine did not respond as it was having some technical problem. However, at 7:30 AM, the amount was debited from his account.
Sharma said he had given a written complaint to branch's deputy manager informing him that he has not withdrawn this amount on October 28, 2010, and it should be enquired and his money be reverted to his account.
He said the bank, however, failed to make any investigation and gave flimsy grounds regarding the amount withdrawn and showed their inability to do anything on the complaint.
The bank, however, claimed in its written statement filed before the forum that Sharma was a "dishonest" man who had successfully taken the money from the ATM.
The forum, in its order, said the bank failed to place on record the CD of CCTV footage of 7 AM to 7:33 of that day.
"The withholding of CCTV footage from this Forum of the relevant time further fortifies the case of the complainant that he has not done the transaction in question.
"There is no report filed by the OP regarding the perfection of the ATM machine and its efficient working in rebuttal of the case of the complainant that it was suffering from technical glitch," the forum said.