Delhi

North East

CC/77/2022

Ms. Richa Tripathi - Complainant(s)

Versus

Bank of Baroda - Opp.Party(s)

08 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.77/22

 

In the matter of:

 

	Ms. Richa Tripathi D/o Sh. Awadesh Tripathi R/o H. No. G-316, Gali No. 32 West karawal Nagar, Delhi-110094	Complainant
	Versus
1.           2.           3.           4.	Bank of Baroda Through The Branch Manager  Branch At: Karawal Nagar Branch  2, Mukhiya Market,  Karawal Nagar, Delhi-110094   Bank of Baroda Through Regional Office At:  Bank of Baroda Building, 12th Floor 16, Sansad Marg New Delhi- 110001   ICICI Bank Ltd. Through the Branch Manager Branch at: Shop No. A-4 & A-5 Shopping Mall Arjun Marg,  DLF Phase-1, Gurgaon,Haryana-122002   M/s Aayuda Developers through its Karta  A/c  No. 343105000887, IFSC- ICICI0003431 Address: Not Known   Through ICICI Bank Ltd.  Branch at : Shop No. A-4 & A-5 Shopping Mall Arjun Marg,  DLF Phase-1, Gurgaon, Haryana-122002	Opposite Parties

 

DATE OF INSTITUTION:       JUDGMENT RESERVED ON:                          DATE OF ORDER :

29.03.2022 26.07.2022 08.09.2022

    CORAM:

   Surinder Kumar Sharma, President

   Anil Kumar Bamba, Member

 

 

 

ORDER

           Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35(1) of the Consumer Protection Act, 2019.

1. The case of the complainant is that the complainant was intended to transfer money through UPI to Mr. Mohit having A/C no. 914010042427971 and by mistake it transferred to A/c no. 343105000887 of M/s Aayuda Developer i.e Opposite Party no. 4 on dated 21.04.2021 of total Rs. 1,00,000/- mode of 7 UPI transition vide RRN 111166505759, 111166511697, 111166516689, 111166526869, 111166533196, 111166540873, 111166561934 respectively of Amount Rs. 20,000/-, Rs. 20,000/-, Rs. 20,000/-, Rs. 10,000/-, Rs. 10,000/-, Rs 10,000/- and Rs. 10,000/-.
2.  That thereafter, the complainant immediately telephonically informed to Opposite Party no. 1 i.e. the Home branch of the complainant for 7 UPI wrong transactions and requested to routed back the aforesaid amount into the complainant account and the Opposite Party no. 1 officials gave assurance that the money will be routed back in few hours. At the time due to Covid-19 Lockdown complainant was not visited in–person to the Home branch i.e. Opposite Party no. 1. Complainant continuously approached to the Opposite Party no. 1 for reversal of aforesaid amount and when home branch i.e Opposite Party no. 1 became operative complainant submitted her application in written to the relationship manger.
3. That the complainant telephonically approached the branch manager of the Opposite Party no. 3 on dated 17.09.2021 and the branch manager assured for the aforesaid money will be routed back after proper verification within a month but the Opposite Party no. 3 did not routed back money and misguide the complainant about facts. However, Opposite Party no. 3 is liable to recover the money from the Opposite Party no. 4 as per RBI guideline.
4. That in view of the above facts and circumstances narrated hereinabove, due to deficiency of service and negligence by the Opposite Parties has not recovered hard earned money from the Opposite Party no. 4 till date but they have grossly and completely failed to adhere the genuine and regular requests and reminders made from time to time, as mentioned hereinabove. Opposite Parties are liable to proceed with the claim of the complainant without any further delay and to compensate the complainant for the loss of mental, physical agony, loss of money and time.
5. Complainant is prayed that the Opposite Party is directed to proceed with the claim of the complainant in respect of the amount Rs. 1,00,000/- (One Lakh only) of the complainant, and the Opposite Parties in also liable to be directed to pay the compensation and allow damages/compensation to the tune of Rs. 90,000/- (Ninety Thousand Only) in favour of the complainant and against the Opposite Parties, in the interest of justice.
6. It is clear from the complaint that complainant by her own mistake transfer the money to wrong account.
7. As per the para 5 of the RBI circular dated 14.10.2010 submitted by the complainant, it is responsibility of the customer/remitter to provide correct inputs in the payment instructions, particularly the beneficiary account number information. While the beneficiary’s name shall be compulsorily mentioned in the instruction request, and carried as part of the funds transfer message, reliance will be only on the account number for the purpose of affording credit.  This is applicable both for transaction requests, emanating at branches and those originated through the online/internet delivery channel.
8. In view of the above discussion, it is clear that there is no deficiency in service on behalf of opposite parties in terms of Section 6 (iii) of the Consumer Protection Act, 2019, the complaint is dismissed accordingly.
9. Order announced on 08.09.2022.

Copy of this order be given to the Complainant free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President