|
|
|
|
|
|
|
|
|
As per the Reserve Bank directive issued in May 2012, no bank can put back into circulation currency notes (of Rs 100 and higher denominations) received by them, without first processing them for authenticity. And this should be done through machines conforming to standards prescribed by the RBI. In other words, the banks are duty bound to ensure that no fake or counterfeit note comes out of an ATM. In this case, obviously the bank has violated the RBI directive. However, in cases such as these, it is difficult for the customer to prove that the fake note came out of the bank's ATM. So bank's exploit this and refuse to take responsibility for the fake note.
Please send a complaint to the nodal officer of the bank . Attach a copy of your ATM receipt and ask the bank to replace the fake note with a genuine one. If the nodal officer does not respond positively to your complaint, you will have to lodge a complaint with the Banking Ombudsman or the consumer court I would also suggest that you exercise your right to information under the RTI Act and ask the bank for information on the kind of steps being taken by the bank to stop fake notes entering the ATM and also the number of complaints that they have received so far from consumers about fake notes coming out of their ATMs. You can use the information to prove that the bank is not following the regulator's instructions on the issue. The Banking Ombudsman, for example, will take up complaints of violation of RBI directives. I would also suggest that you check on some of the consumer complaint websites on the internet- you may find similar complaints against the same bank/ATM from other customers. That will also strengthen your case. Have there been any complaints before the consumer courts pertaining to fake notes issued by banks? Also, I would like to know the grounds on which one can file a complaint in such a case? First and foremost, when you draw money from an ATM, you expect the ATM to dispense genuine notes. Failure to do so constitutes 'deficiency in service' and the bank that is maintaining the ATM has to take responsibility for it. Second, if an ATM dispenses fake notes, it means that the bank is not following the regulator's directions on ensuring that currency notes are properly sorted out before being fed into the ATM machines. The consumer courts have clearly held that violation of the regulator's directives constitutes deficiency in the service rendered and a consumer who suffers on account of such deficient service is entitled to compensation. So these are the grounds on which one can file a complaint. Consumer courts have dealt with several cases of fake notes issued by banks. In 2008, for example, Andhra Pradesh State Consumer Disputes Redressal Commission adjudicated over a complaint about a retired school teacher being given fake currency notes to the tune of Rs 37,500 when he encashed a cheque of Rs 1 lakh. Asking the bank to make good the loss suffered by the consumer , the Commission criticised the bank for trying to make the teacher pay for its mistake of accepting counterfeit notes from two persons, as shown by police investigations later!.
|
|||
|
|
|||
Two weeks ago, I
withdrew Rs 5,000 from my bank ATM . One of the notes of Rs 1,000
turned out to be fake, but the bank is not changing it. They are, in
fact, even refusing to acknowledge that the note came out of their
ATM. How do I recover my money?
