HDFC : Faulty ATM Machine

DAY 2 :- Legal Crusade

Well I had just secured addmission to a law college ( Army Institute of Law) . I was all charged up and being fed on a steady dose of John Grisham was determined to bring a change and as they say charity begins at home I got my oppurtunity well at home and so started my legal crusade.

Legal Crusade against HDFC:- Faulty ATM machine:- Well what happened was that my sister was in need of money and it was 12 at night.

We had HDFC ATM quie nearby , so we reached the ATM (Any Time Money) well it is meant for it wasnt it.(Actually it is Automated Transaction Machine)

We inserted the card . The machine was faulty , the money was debited and the card got stuck and with urgent need of cash and no source for it It created a panic situation we somehow survived it but it put me on my path of legal crusade.

I served notice to HDFC BANK claiming damages for mental harrasement and agony.

Following were the facts 0f my first drafted plaint:-

ATM are meant for emergency withdrawal of cash and although it is treated as a replacement of banks today it primary function of cash withdrawal at any time could not be dispensed with.

Just imagine you went to your bank for withdrawing 5000 Rs and bank says they dont have cash to give . Ponder over it. Combine it with an emergency situation like I had and the situation turns really awful .

The Bank took the defence of machine error .

My point is in vicarious liability if a master is held liable for the mistake of servant cant the same logic applied to ATM machines.

Agreed it was a machine but who have the duty of maintaing machines ?

Well who won ? nobody I tried to file a case in the consumer court but the reality struck quite early it is not easy to fight against big sharks and I had neither time nor resources to do that.

But my crusade has started in my next blogs I will be bringing many more of my legal crusades and I have something for my friends in LPO industry just keep watching this space .

Bye.