DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSURU | No.1542 F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, | Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysuru-570023 |
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Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023 CONSUMER COMPLAINT NO.49/2019 DATED ON THIS THE 2nd January, 2020 Present: 1) Sri. C.V.Maragoor B.Com., L.L.M., - PRESIDENT 2) Sri. Devakumar.M.C. B.E., LLB., PGDCLP - MEMBER COMPLAINANT/S | | : | Yankamma, W/o Sangappa.H., D.No.6/2, 3rd Cross, Medaar Block, Bamboo Bazaar, Mysuru. (INPERSON) | | | | | | | | V/S | | OPPOSITE PARTY/S | | : | Branch Manager, Syndicate Bank, Nelson Mandela Road, Highway Circle, Mysuru. (Sri B.T.Sreekantegowda, Adv.) | | Nature of complaint | : | Deficiency in service | Date of filing of complaint | : | 01.02.2019 | Date of Issue notice | : | 02.03.2019 | Date of order | : | 02.01.2020 | Duration of Proceeding | : | 11 MONTHS | | | | | | | | |
Sri C.V.MARAGOOR, President - This complaint has filed by Smt.Yankamma W/o Sangappa.H. resident of Mysuru to direct the opposite party – Branch Manager, Syndicate Bank, Nelson Mandela Road, Mysuru to pay Rs.24,997/- with interest at the rate of 18% p.a. which was drawn from her account by unknown person due to negligence on the part of opposite party along with compensation of Rs.50,000/- and litigation cost of Rs.40,000/-.
- The complainant has maintained S.B. account bearing No.17122010004525 in the opposite party bank. That on 25.08.2017 when the complainant went to draw amount then came to know that an un-known person has transferred the amount from her bank account and this was happened due to negligence on the part of opposite party. The complainant has reported to the opposite party on 29.08.2017 and on the next day she reported to the Cyber Crime Police. The opposite party or Cyber Crime Police have not taken any action to recover the sum of Rs.24,997/- which was drawn from her account illegally. Hence, this complaint.
- The opposite party appeared through its learned counsel and filed written version denying the allegation that due to negligence on the part of opposite party bank an unknown person has withdrawn amount from the account of complainant. The transactions of 25.08.2017 to show that by using ATM card or online transaction has purchased goods. This shows that the complainant has disclosed her secret debit card PIN code to the said person. Therefore, there is no negligence on the part of opposite party as such it is not liable to refund the amount nor liable to pay compensation and litigation cost.
- The complainant after filing version by opposite party was remained absent in the proceedings by not filing affidavit evidence and arguments. On the contrary, one Ranikumari, Branch Manager, Bannimantap Branch filed her affidavit evidence and marked Exhibit R.1 statement of account of the complainant.
- We have heard the oral arguments advanced by learned counsel for the opposite party in addition to written brief and the points that would arise for determination are as under:-
- Whether the complainant proves that due to negligence act of the opposite party bank an amount of Rs.24,997/- has transferred from her account?
- Is complainant entitled to the reliefs sought for?
- Our findings on the aforesaid points are as follows:
Point No.1 :- In the negative; Point No.2 :- In the negative as per final order for the following :: R E A S O N S :: - Point Nos.1 and 2:- The learned counsel for the opposite party has submitted that online purchase can be made only by using ATM card PIN number. There is no negligence on the part of opposite party for the alleged four transactions dated 25.08.2017. According to the averments of complaint and statement of account on 25.08.2017 an amount of Rs.24,997/- has been debited towards purchase. On perusal of the statement of account and nature of transaction entered in Exhibit R.1, it can be said that the payment was made for purchase of goods or material on online. To make online transaction, the ATM card has to be used or ATM PIN code has to be given to the seller or businessman. It shows that the complainant has disclosed her ATM PIN code or given ATM card to the merchant. Therefore, there is no negligence on the part of opposite party for the said four purchase transaction and debiting an amount of Rs.24,997/- to her account on 25.08.2017. Thus, the complainant has failed to prove the deficiency in service on the part of opposite party bank, as such the complainant is not entitled either for refund of the amount or compensation along with litigation cost. For the above reasons, we proceed to pass the following;
:: ORDER :: - The complaint filed by Smt.Yankamma W/o Sangappa.H. is dismissed without cost.
- Furnish the copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Forum on this the 2nd January, 2020) (C.V.MARAGOOR) PRESIDENT (DEVAKUMAR.M.C.) MEMBER | |