13.07.2023:-

ORDER

HON’BLE MR. JUSTICE HULUVADI G. RAMESH, PRESIDENT

01.    The opposite party has filed this Appeal under section 15 of the Consumer Protection Act challenging the order dated: 26.09.2019 passed in C.C. No.74/2018 by the Dakshina Kannada District Consumer Disputes Redressal Commission, Mangalore.

02.    The parties to this Appeal will be referred to as their rank assigned to them by the commission below.

03.    Heard the arguments of learned counsel for the Appellant. 

04.    The District Commission after enquiring into the matter had allowed the consumer complaint No.74/2018 on 26.09.2019 by directing the opposite party to pay a sum of Rs.24,000/- with 10% interest per annum from the date of incident to till payment and Rs.25,000/- towards compensation and Rs.10,000/- towards litigation charges.

05.    Aggrieved by this order, opposite party has filed this Appeal.

06.    Perused the impugned order and the grounds urged in the Appeal.  It is an admitted fact that, the complainant is having savings bank account with the opposite party –Bank bearing account No.612101107081 along with ATM card facility.  The allegation of the complainant is that, on 09.02.2017 complainant observed in the online bank statement showing an ATM withdrawal of Rs.24,000/- (10,000 + 10,000 + 4,000) from his account on 07.02.2017 at Pune, while on that day he was stayed in Riyadh, Saudi Arabia and no SMS was received by him, but the ATM card was under the custody of the complainant who was staying in Riyadh, Soudi Arabia.  And the said incident was informed to the opposite party – Bank on 09.02.2017 by sending complaint letter through mail.  On 29.03.2017 opposite party – Bank sent a mail to furnish document for claiming insurance amount against fraud.  During vacation on 25.04.2017 complainant personally visited the opposite party Bank and submitted all required document and old ATM card to the opposite party.  On April 2018 complainant received mail from opposite party that claim was rejected.  Hence he filed consumer complaint.  After receipt of notice from the District Forum opposite party appeared and contested the proceedings by filing written version and affidavit evidence.  Thereafter the District Commission had passed its order dated: 26.09.2019.

07.    In the present Appeal the Learned counsel for the appellant had argued that, the withdrawal of Rs.24,000/- was made at Pune and the complainant has not lodged any police complaint that some unknown person had withdrawn the amount fraudulently by using ATM card and PIN number.  If fraud is found the appellant/opposite party can go by insurance.  Further argued that, withdrawal of amount from the ATM is not possible unless the disclosure of unique PIN code and due to the negligent act of the complainant itself the alleged incident had took place and the District Forum without considering the same had erroneously passed its order and hence prays to set aside the District Forum order by allowing this appeal.  However the counsel for respondent/complainant had argued that, the District Forum had rightly passed its order by scrutinizing the evidences placed before it and prays to dismiss the appeal.

08.    It is evident from the documents marked on behalf of complainant in EX.C.35 that, the complainant exit the hometown on 21.01.2017 and the incident was took place on 07.02.2017 and he returned back to India on 21.04.2017.  Further it is observed that, the opposite party has sent EX.C.6 to the complainant for claiming insurance amount against the fraudulent transaction and as per EX.C.11 the claim was rejected due to unpaid of premium by the opposite party – Bank.  Moreover in the instant Appeal the appellant/opposite party – Bank had failed to produce any document to show that, it had paid premiums regularly to the insurance company in respect of the complainant’s S.B. Account.  Under these circumstances we are of the considered view that, this Commission did not find any grounds much less from the grounds set out in the appeal Memo to interfere in the impugned order.  Accordingly we proceed to dismiss the Appeal with no order as to costs.

09.    The amount kept in deposit by the appellant shall be transferred to District Commission for needful.

10.    Provide copy of this order to the District Commission as well as to the parties to the appeal.

LADY MEMBER         JUDICIAL MEMBER      PRESIDENT

KNMP*