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Case Review: Banking
Summary of some of the decisions made by the Mediators on some of the complaints received by FMB.
This summary is for information only and should not be used for other purpose. [Previous]………[Next]
LOSS OF DEPOSIT OVER THE COUNTER (Case reference no : 6(1)-133)
Mr. B went to JKL Bank at about 11.00 a.m. to carry out several banking transactions. He wished to place monies in Fixed Deposit. He handed cash amounting to RM10,000/- in 2 bundles comprising 5 folds of RM1,000/- each to the teller.
The teller ran cash at the cash counting machine which was visible to Mr. B and the count showed only RM9,000/-. The teller did a recount and confirmed that there was only 180 pieces of RM50/-. Mr. B, without much ado, filled out a withdrawal form for RM1,000/- from his savings account to make up the RM10,000/-. The teller created the Fixed Deposit in Mr. B's presence. The Fixed Deposit Certificate, savings passbook, pay-in slip was handed to Mr. B who then left the bank. At this point of time, Mr. B did not complain about the shortage. He returned to the bank one hour later and complained of his loss of RM1,000/-. He told the attending officer that he had counted the money given to him by his daughter. He locked it in the metal cabinet and did not count the money before leaving the house for the bank. There was no way that he could have lost money enroute to the bank. He did not raise the issue of the shortage on the spot as he wanted to verify with his family before he complained.
The Bank did a cash balancing and found no excess cash.
A mediation was held at the Bureau. The Mediator and her assistant viewed the CCTV recording at JKL Bank's branch premise.
CCTV recording was viewed frame by frame commencing the time when Mr. B reached the counter until the time when he left the counter and the bank. Each frame was scrutinized and noted the movement of money from the counter top to the teller's table and then to the counting machine. There was no way that the money could have been removed by the teller and passed to his neighbour or any other person. There were no notes on the floor and there was no means of the teller hiding the money. We were satisfied that the teller had carried out his duty and there was no element of fraud.
Mr. B's conduct shows that he was not sure of the exact amount of cash which was given by his daughter. If he had counted it, he would have realized the shortage. Mr. B did not complain when the teller informed him of the shortage. He had only raised a complaint to the bank an hour later.
Mr. B's claim was rejected.
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