Business India

Husband can’t use his wife’s debit card, Court says

Husband can’t use his wife’s debit card, Court says
Written by Abhishek Lohia

If you are deciding to give your debit card to your close relative or friend to withdraw money from the ATM, then it may cost you dearly. Just like Vandana, a lady from Bangalore, who was on maternity leave. On November 14, 2013, Vandana, a resident of Marathahalli, gave her debit card and PIN to her husband Rajesh and told him to withdraw Rs 25 Thousand from a Local SBI ATMs. Rajesh Swipe the card after going to the ATM. The delivery slip from the machine came out and the money was debited from the account. But, the money did not come out from the machine. When the money did not come out from the machine, Rajesh called the SBI call centre to inform that it was an ATM fault and the money would be returned 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 the transaction was correct and the customer got the money.

After some days, 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 November 16, 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.

Referring to a non-transferee rule, SBI said that the account holder was not withdrawing the money himself, hence her claim on money is not made and later they rejected the claim. The bank’s rule clearly states that money is not transferable, even in case you shared your ATM PIN someone else. Apart from the account holder, nobody can use it.

Vandana fought the legal battle for three and a half years in the court. But, in the end, the court order on May 29, 2018, that Vandana should have given a self-check or authorization letter to her husband so that she could get Rs 25 thousand from the bank. She should not give the PIN of the ATM to withdraw money was supposed. On this basis, the court rejected the case.

On October 21, 2014, Vandana complained in Bangalore’s Fourth Additional District Consumer Dispute Redressal Forum and alleged that SBI did not compensate 25 thousand loss during ATM transaction. She told that, because she had given birth to a child some time ago, so she could not take out the money herself by going outside. That’s why She gave her card and pin to her husband.

About the author

Abhishek Lohia

Abhishek Lohia is a Sports and Political Writer at Newsfolo. He has been working as a Journalist for 2 years and has previously worked at Sportsflu, Sportscafe, and some other Digital Channels. He covers the ruling BJP Government, civic bodies, and Indian politics He also covers latest Sports News/Live Coverage. He is a graduate in Electrical Engineering from IPEC College, Sahibabad. He can be reached at; [email protected], you can also follow him on twitter @chiraglohia2

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