SBI says no one can use another one's debit card, the court agrees. A casual act of letting your spouse or a close relative/friend withdraw money from an ATM using your debit card could prove costly. This is what a Bangalore woman on maternity leave learnt, albeit the hard way. Banking rules categorically state that an ATM card is non-transferable and no other person apart from the account holder should use it.
On 14 Nov 2013, Marathahalli resident Vandana gave her debit card with PIN to her husband, Rajesh Kumar, to withdraw Rs.25,000/- from a local SBI ATM. Rajesh went to the ATM and swiped the card; the machine delivered a slip showing the money was debited but the amount was never released. SBI cited the 'non transferable' rule and said the account holder was not the account holder and turned down the money claims.
Vandana approached the Bangalore IV Additional District Consumer Disputes Redressal Forum on 21 Oct 2014, alleging that SBI had failed to refund the Rs.25,000/- she'd lost in the ATM transaction. She said she had just given birth and could not move out of home, hence had to ask her husband to draw the money on her behalf.
When the ATM did not release the money, Rajesh called the SBI call centre only to be informed that it was an ATM fault and the money would be reverted to the account within 24 hours. With no sign of the money after a day, he approached the bank's Helicopter Division branch at HAL with a formal complaint. But much to the shock of the couple, SBI allegedly closed the case in a few days, stating that the transaction was correct and the customer got the money.
After running from pillar to post, the couple obtained CCTV footage that showed Kumar using the machine but no cash being dispensed. They further lodged a complaint with the bank following which an investigation committee ruled that Vandana, the cardholder, is not seen in the footage.
Meanwhile, Vandana, through an RTI, obtained a cash verification report of the ATM for 16 Nov 2013, which showed excess cash of Rs.25,000/- in the machine. The report submitted in the court was later countered by the SBI counsel who produced a report showing no excess cash.
Before approaching the consumer forum, the couple made a final plea to the bank ombudsman who simply ruled, 'PIN shared, case closed'.
The case went on for over three-and-a-half years. Vandana said SBI should refund her money which was lost due to an ATM flaw but the bank stood its ground, citing the rule that sharing ATM PIN with someone else was a violation. Further, the bank produced documents, including log records, showing the stated ATM transaction was successful and technically correct.
In its verdict on 29 May 2018, the court ruled that Vandana should have given a self-cheque or an authorisation letter to her husband for withdrawal of Rs.25,000/- instead of sharing the PIN and making him withdraw the money. The court dismissed the case.
Befitting example of the final consequences of sharing of PIN.....whosoever he or she may be.
Tailpiece.
Our day had begun at a half past 3, thanks to Lekha's cellphone alarm, the chores and we were ready by 6. Sajish came with his vehicle at a 5' past 6 and we kicked off soon after. Breakfast of dosas and chutney, made by Lekha, was had at Aroor. We reached Mallan's Clinic at Muhamma by about 10' past 9. The doctor came by soon after and Lekha's dental problems were sorted out within a matter of an hour. Our next visit is three months from now, when the crowns would be fixed and the new furniture set up in toto.
We reached Chavakkad by a quarter to 1 and reached home by 2, as there were a few errands to be run. A short, swift lunch and siesta followed.
A quiet evening.
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