This case has arisen out of application U/s 12 of the Consumer Protection Act, 1986.
The case of the complainant is that he opened a savings bank account No:434710510002101 with O.P for monetary transaction and for personal purpose he deposited Rs.4,000/- in his account on 06.11.2017 & closing balance stands Rs.58,791/-. He was out of station for work for 07 months and during that period there was no transaction in his said S.B account. After returning home while he visited the bank on 13.08.2018 for withdrawal of money he astonished that the balance amount in his account was totally withdrawal/debited by the O.P/Bank in several transaction from 08.03.2018 to 06.08.2018 without any information or SMS in his registered mobile number. Immediately he informed the matter to O.P/Bank who assured him that if he is not withdrawing any amount the total withdrawal money will be adjusted in his account, simultaneously he lodged a written complaint before Raiganj P.S on 13.08.2018. After 07 days again he came to Bank to enquire the matter but no assurance of O.P concern and he lodged a written complaint on 20.08.2018 before Branch Manager of O.P/Bank. Finding no alternative he filed complaint before AD, CA & FBP, U/D, Raiganj. There is gross negligence of Bank concern. The complainant prays for direction upon the O.P to deposit/credit Rs.58,791/- along with interest @ of 6% interest from 08.03.2018, compensation of Rs.15,000/- for harassment, metal pain & agony and litigation cost of Rs.5,000/-.
O.P contested the case by filing W.V admitting opening of complainant’s Savings Bank Account with it and deposit of Rs.4,000/- therein by complainant on 06.11.2017 but denied other facts.
According to O.P/Bank on 08.03.2018, 20.03.2018, 21.03.2018, 24.03.2018, 24.03.2018, 24.03.2018, 26.03.2018, 26.03.2018, 26.03.2018, 27.03.2018, 27.03.2018, 30.03.2018, 31.03.2018, 31.03.2018, 03.04.2018, 04.04.2018, 06.04.2018, 07.04.2018, 09.04.2018, 09.04.2018, 13.04.2018, 16.04.2018, 02.05.2018, 02.05.2018, 02.05.2018, 03.05.2018, 08.05.2018, 14.05.2018, 04.06.2018, 04.06.2018, 04.06.2018, 04.06.2018, 04.06.2018, 04.06.2018, 04.06.2018 & 04.06.2018, Rs.2,100/-, Rs.2,99/-, Rs.75/-, Rs.100/-, Rs.200/-, Rs.2100/-, Rs.199/-, Rs.2100/-, Rs.1111/-, Rs.4/-, Rs.300/-, Rs.1,000/-, Rs.2,999/-, Rs.1,200/-, Rs.1,500/-, Rs.500/-, Rs.100/-, Rs.600/-, Rs.2,500/-, Rs.1,500/-, Rs.2,000/-, Rs.67/-, Rs.2,000/-, Rs.5,000/-, Rs.222/-, Rs.4,000/-, Rs.1,000/-, Rs.5,000/-, Rs.2,000/-, Rs.2000,/- Rs.2,000/-, Rs.2,000/-, Rs.2,000/-, Rs.2,000/-, Rs.2,000/- & Rs.6,642/- were debited from the A/c of complainant and that transactions were done through online, whereas Rs.1.30/-, Rs.1/- & Rs.10/- were credited in his account & that transactions were done through Mobile No:8183173121, 80930967809, 8094072952 online.
That the phone number of complainant which was registered before O.P/Bank, messages were forwarded to that phone number and the complainant himself received the same, he knew about deduction of money from his account. There is no negligence or deficiency in service on the part of O.P/Bank, that the case is concocted one for gaining illegal benefit, that the case is filed which is barred by law of limitation as because the case is filed after 02 years from the cause of action & thus the case is liable to be dismissed.
Points for consideration
- Whether there was/ is any negligent act or deficiency in service on the part of the O.P/Bank which gives rise cause of action to file the case?
- Whether the complainant is entitled to get relief(s) as prayed for?
D e c i s i o n w i t h r e a s o n s
Admittedly, the complainant has opened a Savings Bank Account No:434710510002101 with O.P and he has deposited Rs.4,000/- in his said account on 06.11.2017 & closing balance stands Rs.58,791.00 CR.
The case of the complainant is that he was out of station for work for 07 months and during that period there was no transaction in his said S.B account. O.P has no concern about such statement of the complainant.
Further case of the complainant is that after returning home while he visited the bank on 13.08.2018 for withdrawal of money he found that the balance amount in his account was withdrawn/debited in several transaction from 08.03.2018 to 06.08.2018 without any information or SMS in his registered mobile number.
O.P Bank denied the same stating the real facts as follows:-
That on 08.03.2018, 20.03.2018, 21.03.2018, 24.03.2018, 24.03.2018, 24.03.2018, 26.03.2018, 26.03.2018, 26.03.2018, 27.03.2018, 27.03.2018, 30.03.2018, 31.03.2018, 31.03.2018, 03.04.2018, 04.04.2018, 06.04.2018, 07.04.2018, 09.04.2018, 09.04.2018, 13.04.2018, 16.04.2018, 02.05.2018, 02.05.2018, 02.05.2018, 03.05.2018, 08.05.2018, 14.05.2018, 04.06.2018, 04.06.2018, 04.06.2018, 04.06.2018, 04.06.2018, 04.06.2018, 04.06.2018 and 04.06.2018, Rs.2,100/-, Rs.2,99/-, Rs.75/-, Rs.100/-, Rs.200/-, Rs.2100/-, Rs.199/-, Rs.2100/-, Rs.1111/-, Rs.4/-, Rs.300/-, Rs.1,000/-, Rs.2,999/-, Rs.1,200/-, Rs.1,500/-, Rs.500/-, Rs.100/-, Rs.600/-, Rs.2,500/-, Rs.1,500/-, Rs.2,000/-, Rs.67/-, Rs.2,000/-, Rs.5,000/-, Rs.222/-, Rs.4,000/-, Rs.1,000/-, Rs.5,000/-, Rs.2,000/-, Rs.2000,/- Rs.2,000/-, Rs.2,000/-, Rs.2,000/-, Rs.2,000/-, Rs.2,000/- & Rs.6,642/- were debited from the A/c of complainant and that transactions were done through online, whereas Rs.1.30/-, Rs.1/- & Rs.10/- were credited in his account & that transactions were done through Mobile No:8183173121, 80930967809 & 8094072952 online. Respective Transaction Nos. are described in the written version as well as memo of evidence.
O.P/Bank submits questionnaire against the examination-in-chief of complainant/P.W.1 but in spite of several opportunities no reply thereof was submitted by or on behalf of the complainant.
Awnish Kiran Bhatia, Assistant Manager of Bank of India, Raiganj Branch has been examined as O.P.W.1 who submits statement of accounts printed on 13.06.2022 (Exhibit-A) which corroborate above transactions.
In Cross-examination he stated that the message has automatically been sent to the registered mobile number of the account holder, if transacted, from the Data Centre. He stated further that Debit Card has been issued but no Credit Card has been issued to the complainant against said S.B Account. He stated specifically that transactions as mentioned in Page 2 to 5 of his memo of evidence all are online transactions, not done through ATM directly.
Further cross-examination of O.P.W.1 was deferred on the prayer of complainant’s Advocate but ultimately it was not completed for the reason best known to complainant or his Advocate.
On perusal of statement of account it is found that questioned transactions were done either by the complainant himself or by another person to whom he shared his mobile number, password and other details required for online transaction(s).
Under above facts and discussion, we find no negligence or deficiency of service on the part of O.P/Bank & thus the complainant is not entitled to get relief as prayed for and the case is concocted one.
In the result the case fails.
Hence, it is
O R D E R E D
that the C.C-29/2020 be and the same is dismissed on contest against the O.Ps but without any cost.
Let a copy of this order be given to the parties free of cost.
