“This commission finds OP (State Bank of India) to be deficient in service to the extent that though the amount withdrawn fraudulently was refunded to the complainant, the same was refunded after a delay of about 10 months, that too after the complainant had approached this commission. Hence OP is directed to pay Rs.15,000 to the complainant towards compensation for mental agony and litigation costs,” the June 2 order read. 

Card stuck, loss of Rs 80,000 and delays in refund

• Mishra claimed that at around 2.15 pm on January 13, 2024, he withdrew Rs 10,000 from a Punjab National Bank (PNB) ATM using his SBI debit card. However, after the transaction, the card became stuck inside the machine and could not be retrieved despite repeated attempts.
• He further stated that a phone number displayed inside the ATM booth was contacted for assistance.
• The person who answered allegedly identified himself as a PNB help centre employee and instructed him to press the “clear” button and pull out the card. However, the card remained stuck inside the machine.
• According to Mishra, he was informed that a bank engineer would visit the ATM in the evening and that he could collect the card after producing identification.
• However, after leaving the ATM booth, he received two SMS alerts showing withdrawals of Rs 5,000 each from his account. He immediately contacted SBI to block the card and also reported the matter to the police and cybercrime authorities.
• Mishra further claimed that when he returned to the ATM booth after reporting the incident, a security guard was present and the assistance number displayed earlier had been removed.
• It was further alleged that the card slot appeared damaged, with portions missing, leading him to suspect that a skimming device may have been planted in the machine. 
• He also expressed suspicion regarding the role of the guard present at the ATM.
• The complainant claimed that he later learnt from SBI that as many as 12 transactions, including point-of-sale transactions, had been carried out from his account. 
• According to him, he received alerts only for the first two transactions, despite having promptly informed the bank and blocked the card.
• It was further stated that Mishra lodged complaints with the banking ombudsman and SBI in January 2024 and subsequently submitted the prescribed complaint form and supporting documents on February 9, 2024. 
• Despite repeated follow-ups, he alleged that his grievance remained unresolved.
• Aggrieved by the delay, Mishra approached the commission seeking directions to SBI to refund the fraudulently withdrawn Rs 80,000 and award compensation for harassment and litigation expenses.

‘SBI was deficient in service’

The commission noted that the dispute regarding the principal amount stood resolved, as Rs 80,000 was eventually credited back to the complainant’s account on December 7, 2024, nearly 10 months after the fraud was reported.

The consumer body further noted that despite due service of notice, no one appeared on behalf of SBI. Consequently, the matter proceeded ex parte against the bank in April 2025.

After considering the evidence and written submissions placed on record by the complainant, the commission held that the substantial delay in refunding the amount, despite the consumer’s repeated complaints and follow-up, amounted to deficiency in service and warranted compensation.

The commission, accordingly, directed the SBI to pay the complainant an amount of Rs 15,000 for the mental agony and litigation costs.