MS. NIPUR CHANDNA, MEMBER
ORDER
14.05.2024
1. A complaint under Section 35 of Consumer Protection Act filed. In brief the facts are that complainant is the current account holder of OP Bank vide current account no. 2124020000607. It is alleged by the complainant that on 08.04.2022 while going through the statement of account he discovered the unauthorized transaction in his account to the tune of Rs. 3 Lakh resulting in the substantial depletion of fund.
2. It is further alleged by the complainant that on 08.04.2022 the fraudulent transaction was carried out by the official of the OP Bank by allowing the cash withdrawal of Rs. 3 Lakh vide cheque no.000652 dated X-X-X and also the amount mentioned in the cheque was X-X-X in words and figures. The aforesaid unauthorized transaction clearly shows that the banks security measures and internal control have been compromised leading to the aforesaid fraudulent activity. It is further stated that the cashier of the bank gave cash to Mr. Pankaj Tiwari against the cancel cheque no. 000652 which was given to Mr. Amit Tomar of ICICI Bank. Mr. Tomar approached the complainant to assist him in creating the OD facility in bank of Baroda account. Mr. Tomar is the master mind behind the entire aforesaid fraud. It is further alleged that the Bank has never inform the complainant in respect of the huge transaction of Rs. 3 Lakh either by phone or by SMS. The complainant immediately called customer care no. on 08.04.2022 after having the knowledge of fraud but the executive refused to register the complaint. The complainant also lodged police complaint with P.S Punjabi Bagh in respect to the fraudulent transaction in question. Complainant also sent legal notice dated 07.06.2023 to OP thereby requesting it to refund the money but neither OP refunded the money nor had redress the grievance of the complainant. Being aggrieved with the conduct of the OP complainant approached this commission for redressal of his grievance.
3. The present complaint case is on admission stage. We have heard counsel for complainant Sh. Pawan Kumar Jain on admission and have perused the record.
4. The complainant has alleged in the present complaint that the present complaint be allowed against the OP as OP is indulged in the fraudulent activities and the aforesaid fraudulent transaction of Rs. 3 Lakhs is successfully carried out only by compromising the security measures and internal control by the officials of the OP fraudulently. The complainant has further alleged in his complaint that the entire fraudulent transaction has been carried out on the instruction of one Mr. Tomar who approached the complainant to assist him in creating the OD facility in OP Bank. It is further alleged in the complaint that Mr. Tomar is the mastermind of the fraud carried out by the officials of the OP Bank.
5. The present complaint case is purely based on fraud as well as fraudulent activities conducted by the officials of the OP in connivance with one Mr. Tomar resulting to the fraudulent transaction of Rs. 3 Lakhs from the current account of complainant. The main allegation in the present complaint is of fraud. The law is settled by the Hon’ble Supreme Court in this respect and the reliance can be placed on Ravneet Singh Bagga vs. KLM Royal Dutch Airlines and Another (2000) 1 SCC 66, Branch Manager, Indigo Airlines Kolkata and Another Vs. Kalpana Rani Debbarma and others (2020) 9 SCC 424 and The Chairman and Managing Director, city Union Bank Ltd. & Anr. Vs R. Chandramohan in civil appeal no.7289 of 2009 decided on 27.03.2023 (Supreme Court).
- The present complaint involves the facts which require adjudication of criminality like fraud which could not be decided by the Commission under the C.P Act 2019. The law is well settled that the proceeding before the commission being summary in nature cannot decide the criminal liabilities and offences such like fraud.
- On the basis of above observation and discussion, we are of the considered view that the present complaint is not maintainable before this Commission, accordingly dismissed.
- Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.
Announced in open Commission on 14.05.2024.
Sanjay Kumar Nipur Chandna Rajesh
President Member Member
