Delhi

North

CC/48/2020

SUJATA JHA - Complainant(s)

Versus

ALLAHABAD BANK & ANR. - Opp.Party(s)

SUDARSHAN & ASSOCIATES

24 Jul 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CC No.: 48/2020

 

Ms. Sujata Jha

W/o Sh. Pankaj Kumar Jha,

R/o Gali No.12,

Wazirabad Village, Delhi-110084                                                    … Complainant

 

Versus

 

1. Indian Bank,

(Formerly Allahabad Bank),

Jagatpur Branch,

Royal Place, Street No.5,

Main Road, Jagatpur,

Delhi-110084

Through The Branch Manager                                           … Opposite Party -1

 

2. The General Manager, RBI

New Central Office Building

Shahid Bhagat Singh Road

Fort, Mumbai, Maharashtra-400001 … Opposite Party-2

(Deleted vide order dated 27-07-2022)

 

ORDER

24/07/2023

 

Ashwani Kumar Mehta, Member:

 

(1)          The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the complainant is maintaining a saving bank account bearing no. 50076695752 since 08/09/2011 with the OP no.1 and was also issued ATM Card No. 6081712561004713 by OP-1 without embossing the name of the account holder on the said ATM Card. A copy of Bank pass book of Allahabad Bank and ATM Card has been annexed as Annexure-A/1 &  Annexure-A/2 with the complaint.

(2)          It has been alleged that at the time of opening the saving bank account, the complainant had given her mobile no. 9971541642 but the concerned officer of the OP no. 1 mentioned the mobile number as 9971541641 instead of correct mobile No. 9971541642. Due to the said reasons, the complainant could not receive the SMS Alert from the bank of the transactions made by her.  The complainant, on 01/03/2018, has also given an application to the OP no.1 for correction of her mobile number from 9971541641 to correct mobile number 9599504418 in OP’s records but till date, no such modification was done by the OP no.1 . A copy of application dated 01/03/2018 has also been annexed as Annexure-A/3. It is further stated that in the meantime, on 28/07/2018, the complainant went to withdraw an amount of Rs. 1000/- from the Axis Bank ATM, Gali No. 12, Wazirabad, Main Jagatpur Road, Delhi-84 and during process of withdrawal of the said amount, some unknown person entered into the ATM premises and created havoc in front of ATM machine and changed her ATM Card hastily with some other person’s ATM Card. Since no name was embossed   on the ATM Card, therefore, complainant could not identified her own ATM Card. A copy of changed ATM Card has been annexed as Annexure-A/4.

(3)          It has further been stated by the complainant that at as per the bank passbook details, after withdrawing an amount of Rs. 1000/- on 28/07/2018, an amount of Rs. 96,438/- was reflecting in her saving bank account no. 50076695752.Thereafter, on 31/07/2018, again complainant went to withdraw some money from her bank for her personal need, she found that only an amount of Rs. 222/- was reflecting in her bank account. Initially, the complainant could not understand as what happened to her bank balance but after updating the bank passbook, noticed that various unauthorized transaction were conducted between 28/07/2018 and 31/07/2018 as per following details:

Sr. No.	Date	Unauthorized Withdrawals
	28.07.2018	Rs. 10,000/-
	28.07.2018	Rs. 10,018/-
	28.07.2018	Rs. 4,018/-
	29.07.2018	Rs. 10,018/-
	29.07.2018	Rs. 10,018/-
	29.07.2018	Rs. 5,018/-
	30.07.2018	Rs. 10,018/-
	30.07.2018	Rs. 10,018/-
	30.07.2018	Rs. 5,018/-
	31.07.2018	Rs. 10,018/-
	31.07.2018	Rs. 10,018/-
	31.07.2018	Rs. 2,018/-
	Total	Rs. 96,198/- (Ninety Six Thousand One Hundred Ninety Eight Only)

 

(4)          On noticing this, the complainant immediately requested to OP-1  to stop the operation of her ATM Card by moving an application dated 31/07/2018. Thereafter, by another application dated 31/07/2018, complainant requested OP-1 to provide the details of aforesaid unauthorized transactions made between 28/07/2018 and 31/07/2018 but till date no details have been provided A copy of applications dated 31/07/2018 has been annexed as Annexure-A/5 (Colly).  Thereafter, on 01/08/2018, the complainant made a complaint to the concerned police station-Timarpur, Delhi-54 about this episode and requested to register an FIR but no action has been taken by the police till date. A copy of police complaint dated 01/08/2018 has been annexed as Annexure-A/6. The complainant on 04/08/2018, again through an application, requested the OP no.1 to refund the amount of Rs. 96,198/- which was illegally and unauthorizedly withdrawn from her saving bank account between 28/07/2018 and 31/07/2018.

(5)          The complainant has alleged that since the OP no.1 has wrongly mentioned the mobile number at the time of opening the saving bank account and thereafter withholding her application dated 01/03/2018 for changing/amending the  mobile number, therefore, the OP no.1 is responsible to compensate the complainant for the loss of  the aforesaid amount of Rs. 96,198/-. Had the OP no.1 changed the old and wrong mobile number to new mobile number given by the complainant vide application dated 01/03/2018, the complainant would have been receiving the SMS Alert after one unauthorized transaction and accordingly, the OP no.1 would be informed immediately and the rest of the  unauthorized transactions could be saved. Since the OP no.1 is the custodian and responsible for the amount of its customer like the complainant, therefore OP no.1 is liable to compensate the amount of Rs.96,198/- to complainant with applicable interest. A copy of application dated 04/08/2018 is annexed as Annexure-A/7.

(6)          It has further been alleged that till date, the OP no.1 had not given any reply to the application dated 04/08/2018 followed by the reminder letter dated 18/08/2018 apart from writing two emails dated 04/08/2018 to the customer care.  A copy of letter dated 18/08/2018 and emails dated 04/08/2018 has been annexed as Annexure-A/8 and Annexure-A/9(Colly).  The complainant has also sent a legal notice dated 04.09.2018 through her counsel to the opposite parties but a wrong and frivolous reply dated 19.09.2018 was sent by them to the complainant denying all the transactions as the same were done by her own wrong. A copy of legal notice dated 04.09.2018 has been annexed as Annexure-A/10 and reply to legal notice dated 19.09.2018 has been annexed as Annexure-A/11.

(7)          The complainant has also stated that an amount of Rs. 25,000/- has been credited in the complainant account on 01/09/2018 in lieu of unauthorized transactions dated 30.07.2018 alongwith Rs. 3600/- as a penalty. After that the OP No.1 sent two letters dated 24.09.2018 and 27.09.2018 in this regard. A copy of letters dated 24.09.2018 and 27.09.2018 are annexed as Annexure-A/12 and A/13 respectively. The complainant has pointed out that generally the failed transactions are credited within 7 days but the penalty amount is not refunded to anybody. Therefore, whole transaction is suspicious particularly the manner of crediting Rs. 25,000/- from failed transactions and penalty of Rs. 3600/-. However, till date an amount of Rs. 71,198/- is still not been refunded by the OP no.1.

(8)          It has been alleged by the complainant that the opposite party-1 has been deficient in service as it failed to update or replace the mobile number of the complainant in time.  Hence, OP-1 is liable to compensate the complainant not only the losses she suffered but also for the metal agony, harassment etc. she borne during these periods. It has been prayed by the complainant to :-

1. Award an amount of Rs. 71,198/- to the complainant with interest @ 12% p.a. from the date of withdrawal till actual realization,  as the same was not refunded by the opposite party-1 till date;
2. Pass an order for compensation of Rs. 2 lacks for mental agony and harassment suffered during these days and years;
3. Pass an order for litigation costs of Rs. 50,000/- to the complainant qua the opposite party;
4. Pass any other order (s) which this Hon’ble Forum deems fit and proper with regard to present facts and circumstances of the case.

 

(9)          Accordingly, notice was issued to OP-1 only and OP-2 was deleted from the array of the parties vide dated 27-07-2022.   The OP-1/ Indian Bank (Formerly Allahabad Bank) was duly served to defend the complaint before the commission but the OP-1 neither appeared nor did it send any communication despite service of the notice. Since the OP-1 chose not to appear despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records which is sufficient to prove that the Opposite Party-1 failed to correct the old and wrong mobile number to new mobile number communicated by the complainant, which amounts to deficiency of service on the part of OP-1. With the result, the complainant could not receive the SMS Alert about unauthorized transactions and inform the OP no.1 immediately. Therefore, we are of the considered view that the complainant has suffered directly due to deficiency in service of the OP-1 (Indian Bank) in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.               

10. (Formerly Allahabad Bank)} to pay Rs. Rs. 71,198/- (Rupees Seventy One Thousand One Hundred Ninety Eight Only) within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 04-8-18 (date of filing of complaint with the OP-1) till the date of the payment. Besides, the OP-1 is also directed to pay Rs.10,000/- (Rupees Ten Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

5.            Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

                                ASHWANI KUMAR MEHTA                                          DIVYA JYOTI JAIPURIAR                                                                                            Member                                                                                     President 

                                         DCDRC-1 (North)                                                                 DCDRC-1 (North)