Complaints regarding loss of money at the automated teller machines (ATMs) or the cash deposit machines (CDMs) must be decided in favour of the complainant unless the banks can provide visual evidence to prove otherwise.

Since banks are pressuring customers to use their ATMs and CDMs (it has come to a stage where the customer who approaches the counter to withdraw cash or to cash his cheque has to pay a RM2 fee), it is their responsibility to ensure that consumers do not lose out when the machines

malfunction.

ATMs and CDMs are machines and they do malfunction. This can be vouched by those who were lucky to get their money back because their transactions were clearly captured by the closed-circuit television (CCTV) camera.

Whenever a complaint about missing money is filed, the customer is at a disadvantage if the transaction is not clearly filmed. The bank will claim that according to the machine's log book the money was dispensed by the ATM and that the cash in the machines balanced. It will also claim that it has taken safety measures when the money in the machine was taken out and counted.

Was it true that the missing cash was not found in the machine? The complainant will never know because he was not present when the money in the machine was removed and physically counted by the bank's staff.

Bank Negara and the Financial Mediation Bureau need to recognise that the relationship between the bank customer and the bank is not one of equals.

As such, in disputes over this, the onus should be on the bank to prove beyond reasonable doubt that the ATM did dispense the money or that the cash was never deposited into the CDM. However, proof provided by the bank cannot be said to be conclusive unless the bank can provide visual evidence to support its claim.

Without collaborating visual proof, the banks must pay up.

The principle of giving benefit of the doubt to the weaker or disadvantaged party must be upheld by the banks and the Financial Mediation Bureau.

The writer is president, Consumer Association of Penang.