Non Dispensation of Cash - CCTV Not Strategically Positioned

Background

Mr G maintains a savings account with Bank H and was issued with a debit card. Mr G withdrew the sum of RM1,500.00 from Bank H’s Automated Teller Machine (ATM) located at a supermarket on 2/8/2017. Mr G contended that he had waited for some time for the cash to be dispensed at the ATM. However, the cash and the transaction slip were not dispensed by the ATM. He did not hear the sound of the cash being counted by the said ATM. He discovered that the sum had been deducted from his savings account when he made a subsequent withdrawal at the next ATM.

 

Investigation and Findings

Bank H’s ATM Electronic Journal showed that Mr G’s withdrawal was successfully executed and 30 pieces of RM50.00 notes totalling RM1,500.00 was dispensed by the said ATM. According to the records of the ATM Journal, Host Report and Engineer’s Report,  the ATM was functioning smoothly and there were no irregularities or cash retraction during the Mr G’s withdrawal. Bank H’s ATMs are equipped with retraction function whereby the dispensed cash will be retracted into the machines if it is not taken within 30 seconds. The cash balancing records revealed that there were no discrepancies or cash excess at the said ATM.

From the ATM Electronic Journal record, it is observed that numerous customers had cancelled their transactions before and after the disputed withdrawal. Bank H’s investigation and ATM records revealed that some of the cancellations were due to the unavailability of the denominations requested. However, Bank H was unable to explain the reasons for the rest of the cancelled transactions.

It is also observed that Bank H’s CCTV was not  strategically positioned  and it did not capture a clear image of the Complainant performing the transaction. The CCTV recording was crucial evidence to determine what had transpired during Mr G’s transaction at the ATM and to identity the person who had possibly collected the dispensed cash. The Guideline on Provisions of Electronic Banking (e-banking) Services by Financial Institutions issued by Bank Negara Malaysia (BNM) prescribes that banks should install close circuit camera or transactions triggered camera at strategic locations with adequate lighting in order to capture clear images of a cardholder performing a transaction and the retention period on the recorded information should be established.

 

Settlement

Following the Case Manager’s observations, the dispute was settled amicably between the parties.