ORDER

(Passed on  29/10/2018)

PER SHRI.ATUL D.ALSI, PRESIDENT.

             The complainant has filed this complaint U/s 12 of the Consumer

Protection Act,1986 for illegal withdrawal of an amount of Rs.25,000/- by somebody from his account and alleging the OP of not providing adequate safeguards against fraudulent online transactions and praying for direction to the OP Bank to recredit the amount of Rs.25,000/- alongwith 7% interest and further claiming compensation and cost of proceeding amounting to Rs.13,500/-.

2.           The story in short is that the complainant is serving in the Thermal Power Station, Chandrapur and is having a S/b account with the OP Bank bearing No.961710110000413 with ATM Debit Card facility. On 5/2/2017, at 10.45 p.m. he received mobile messages intimating withdrawal of Rs.15,000/-, Rs.5,000/- and Rs.5,000/- from his account. The ATM card was with the complainant and the complainant had not withdrawn those amounts.  After verification from pass book entries with the Bank the complainant lodged a written complaint with the OP Bank as well as with the Police Station, Durgapur as a result of which, police registered Crime No.73/17 against unknown person for illegal withdrawal of money U/s 420 of IPC and Section 65 (D) of Information & Technology Act on 10/2/2017.  An amount of Rs.25,000/- has been illegally withdrawn by somebody due to defective internet banking system of OP. Therefore the complainant issued legal notice through Adv.Shri Kullarwar calling for recredit of amount of Rs.25,000/- in his account, but the OP did not comply the notice. Hence, the complainant has filed this complaint.

3.       The complaint is admitted and notice was served to the OP. The OP filed

their reply and thereby denied allegations against them. However, it admitted that the complainant has made a complaint that an amount of Rs.25,000/- has been illegally withdrawn by somebody from his account. The Bank submitted that  after receipt of the complaint, the same was referred for investigation to the technical department of the Bank having investigating power, but that department requires 2 to 4 months time period for completing the investigation. This fact is already communicated to the complainant. It also contended that the police machinery  is also doing its investigation on the FIR lodged by the complainant with the Durgapur Police Station.  Till the investigation gets completed and the report from the technical department of the Bank is received the allegations leveled against the internet banking system of the OP Bank are prematured and are denied being false. On the other hand, there is possibility of communication of card number and password to unknown person or there is also possibility of use of ATM by somebody, close to the complainant, otherwise such type of withdrawal are never possible. Hence the case is premature and as such is liable to be dismissed with cost.

4.       Counsel for the complainant and OP reiterated their respective stand in their respective arguments.

5. We have gone through the complaint, written versions filed by OP, affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.

                    Points                                                                                     Finding

1. Whether the complainant is a Consumer ?                                      Yes

2.  Whether  there is deficiency in service on the Part of OP Bank ?    No

3.  What order ?                                                                  As per final order..

As to issue No.1 & 2

6.      There is no dispute about the status of the complainant as a Consumer. The Bank, after receipt of written complainant from the complainant, has referred the same on 8/2/2018 to the technical department of the Bank and its report is awaited. The police machinery is also investigating the crime which is registered vide Crime No.73/17 against the unknown person U/s 420 IPC and Section 65 (d) of the Information Technology Act of 2000. After receipt of complaint, as per Banking Act,the complaint has been referred to the technical department for investigation and therefore, the OP has taken adequate measures as per the Banking Act. Therefore there is no deficiency in service on the part of OP Bank. Hence the petition deserves to be dismissed with cost as per following order..

Final order

1. The Complaint is dismissed without cost.

2. Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President