ATM Debited You but Gave No Cash: Deadlines and Compensation

Material Facts: The complainant attempted to withdraw ₹10,000 from an SBI ATM terminal. The machine produced a mechanical whirring sound, failed to open the dispenser shutter, and printed an unreadable paper advice. However, the complainant's savings account was debited ₹10,000. When the customer complained, SBI rejected the refund claiming that the switch log recorded '000 - Successful Transaction'. The bank refused to disclose the physical cash balance of the machine.

Judicial Holding: The National Commission held that an electronic switch log is mere secondary software data. In ATM non-dispensation disputes, the burden of proof rests squarely on the bank to produce the complete Electronic Journal (EJ) log, the cash purge bin counter report, and the physical cash verification sheet signed by the custodian on that day. SBI failed to establish that cash was physically ejected and taken. The NCDRC upheld the order directing SBI to refund ₹10,000 along with 9% interest, ₹15,000 compensation for mental harassment, and ₹5,000 litigation expenses.

Material Facts: The consumer held a debit card issued by HDFC Bank and used an Axis Bank ATM in Chandigarh to withdraw ₹20,000. The transaction timed out, cash was not dispensed, but HDFC Bank debited the customer's savings account. Despite an immediate complaint, HDFC Bank took 48 calendar days to reverse the amount, arguing that the delay was attributable to Axis Bank failing to confirm the chargeback settlement via the National Financial Switch.

Judicial Holding: The State Commission dismissed HDFC Bank's defence, ruling that the consumer has privity of contract solely with their card-issuing bank. Under RBI Circular DPSS.CO.PD No.629/02.01.014/2019-20, the card-issuing bank must proactively reverse failed transactions within T + 5 calendar days irrespective of inter-bank chargeback disputes. HDFC Bank was directed to pay the mandatory statutory penalty of ₹100 per day for 43 days of delay (₹4,300), alongside ₹20,000 for mental agony and ₹10,000 legal costs.

Material Facts: The complainant suffered an ATM debit of ₹8,000 with zero cash dispensed at a south Delhi branch ATM. ICICI Bank reversed the principal amount after 29 calendar days following extensive email exchanges, but refused to credit the statutory delay penalty of ₹100 per day. The bank contended that customer compensation requires a specific grievance filing and management approval.

Judicial Holding: The District Consumer Commission held that under Clause 3 of RBI Circular No. 629, compensation of ₹100 per day beyond T + 5 days must be credited to the customer's account automatically, pro-actively, and without waiting for a customer claim. Retaining the penalty constitutes an unfair trade practice under Section 2(47) CPA 2019. The Commission directed ICICI Bank to pay ₹2,400 penalty (24 days delay), ₹10,000 punitive damages, and ₹7,500 litigation costs.