This story is from September 18, 2021

Gujarat: ATM card sent to separated wife, bank to refund Rs 1.6L withdrawn

The Gujarat State Consumer Dispute Redressal Commission has ordered Axis Bank to pay Rs 1.66 lakh with 7% interest to Vinodbhai Joshi after his ATM card was mistakenly dispatched to Joshi’s judicially separated wife and the amount was withdrawn from his bank account with the card.
Gujarat: ATM card sent to separated wife, bank to refund Rs 1.6L withdrawn
Representative image
AHMEDABAD: The Gujarat State Consumer Dispute Redressal Commission has ordered Axis Bank to pay Rs 1.66 lakh with 7% interest to Vinodbhai Joshi after his ATM card was mistakenly dispatched to Joshi’s judicially separated wife and the amount was withdrawn from his bank account with the card.
According to case details, Joshi, a resident of Nardipur near Kalol town, had a joint account with his son in Axis Bank.
A debit card was being used by the father-son duo. After he lost the card, Joshi requested the bank in September 2009 to send a new card, which he never received. A year later on August 26, 2010, when Joshi went to the bank to withdraw Rs 10,000 through a self cheque, he was informed of insufficient balance.
After examining the bank statement, Joshi came to the conclusion that the ATM card that he had ordered had been sent to his separated wife’s address in Gandhinagar by the bank authorities.
Later, a total of Rs 1,66,900 was withdrawn from the account. Joshi sued the bank at the Gandhinagar District Consumer Dispute Redressal Forum in 2010.
Service found to be deficient
Vinodbhai Joshi sought refund of the lost money, alleging deficiency in service on part of the bank.
He contended that he had informed the bank about the family suit filed for judicial separation between him and his wife in 2005. He had also furnished his address, but the bank sent it to his wife’s address and she allegedly withdrew the money.
In reply, the bank authorities claimed that the debit card was sent to Joshi only and the withdrawal of the amount was made by Joshi and his son only, which was proved by CCTV footage also. However, the bank never furnished the evidence before the consumer court. On the other hand, evidence revealed that the debit card was sent to Joshi’s wife at Gandhinagar and not to Joshi at Nardipur. The bank’s claim that PIN was mailed to Joshi also could not be proved. The documents reflected that the PIN was not received by Joshi, but it was sent to his wife’s address through courier service and their son received it on October 1, 2009.
After hearing the case, the forum in 2011 held the bank responsible for the blunder and ordered it to pay the amount to Joshi. The bank questioned the decision before the state commission, where its judicial member M J Mehta upheld the forum’s conclusion and held the bank responsible for deficiency in service. The commission has ordered it to make payment with interest since 2010 to the consumer.
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About the Author
Saeed Khan

Saeed Khan is special corespondent at The Times of India, Ahmedabad. He reports on courts and legal issues. He also covers the income tax and customs departments. He loves spending time at roadside tea stalls, chatting up friends and getting news at the same time.

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