Date of filing:- 14/03/2023.
Date of Order:-08/04/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 29 of 2023.
Sri Bhabani Shankar Pati, aged about 52(fifty two) years, S/o Prafulla Kumar Pati, R/o Badri Prasad Apartment, Qr. No. C-104, Ps. Bargarh Town, Dist. Bargarh-768028. ..... ..... ..... Complainant.
-: V e r s u s :-
The Branch Manager, Bank of India, Bargarh Branch, Po/Ps/Dist. Bargarh-768028. ..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Smt. M.Mishra Advocate.
For the Opposite Party No.1(one) :- Sri D.Acharya, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.08/04/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant has an account with the Opposite Party bearing Saving Bank Account No. 558510110002325. On 26-02-2023 all of a sudden an amount of Rs. 49,999/-(Rupees forty nine thousand nine hundred ninety nine)only was debited from his account and again on 27-02-2023 when Rs. 49,999/-(Rupees forty nine thousand nine hundred ninety nine)only was debited, the Complainant immediately rushed to the Opposite Party and told all about the transactions totaling Rs. 99,998/-(Rupees ninety nine thousand nine hundred ninety eight)only from the account. On 24-02-2023 a phone call from a Bank Officer of the Opposite Party came to Mob. No. 99380-36602 who advised to down load one application. The Complainant downloaded the application. When an amount of Rs. 99,998/-(Rupees ninety nine thousand nine hundred ninety eight)only was debited it came to know that fraud has been committed. On 27-02-2023 the Complainant lodged F.I.R. before I.I.C., Town Police Station bearing No. 0138 dt. 27-02-2023 and the police started investigation. The Opposite Party was requested to block the account. From the Bank transaction detail it was disclosed that the beneficiary is Sageer Khan having Mobile No. 919938036602 and having Yes Bank Account IFSC Code: YESBOYESUPI and Account No. 010561100000039. After the complaint to the Opposite Party the Bank account of the Complainant has been blocked and unable to make any transactions for which suffered a lot. The Opposite Party on 28-02-2023 sent a mail to Yes Bank to refund the amount but it was in vein. The Complainant made personal visit to the Opposite Party for taking steps but till date neither any fruitful action of the police nor the Opposite Party was noticed. Hence the Complainant filed this case before this Commission.
2) The case of the Opposite Party is that the Opposite Party filed its version. The Opposite Party admitted that the Complainant is an account holder bearing Saving Bank Account No. 558510110002325 and an amount of Rs. 99,998/-(Rupees ninety nine thousand nine hundred ninety eight)only was debited from the account of the Complainant. The Opposite Party submitted that Complainant received a fraudulent call from an unknown person and shared the O.T.P. to the fraudstar. As a result of which an amount of Rs. 49,999/-(Rupees forty nine thousand nine hundred ninety nine)only was debited from his account two time. The total amount is Rs. 99,998/-(Rupees ninety nine thousand nine hundred ninety eight)only which was debited from the account of the Complainant. Further it was ascertained that the amount was transferred to the account of one Sageer Khan having Yes Bank Account No. 010561100000039. The Opposite Party on 28-02-2023 requested the Yes Bank authority to refund the amount through mail.
Further the Opposite Party submitted that in obedience to the order of the Hon'ble Commission dated 14-03-2023 the Opposite Party closed the existing account of the Complainant and opened a new Saving Bank Account and transferred to the new account. The amount was debited from the account of the Complainant due to his own negligence of the Complainant. The Bank has no role for debit of the account. There is no any deficiency of the part of the Opposite Party and the complaint should be dismissed.
3) Perused the complaint petition, version and documents filed by the Parties following issues are framed.
Issues
- Whether the Opposite Party is deficient in service ?
- Whether the Complainant is entitled to get relief ?
Issue No.1(one)
4) After perusal of record it reveals that an amount of Rs. Rs. 49,999/-(Rupees forty nine thousand nine hundred ninety nine)only was debited on 26-02-2023 from the account of the Complainant and an amount of Rs. Rs. 49,999/-(Rupees forty nine thousand nine hundred ninety nine)only was debited on 27-02-2023. The Complainant within 3(three) working days on 28-02-2023 informed the Branch Manager, Bank of India, Bargarh Branch about the fraudulent transfer from his account. The Opposite Party received the letter on 28-02-2023. When the Complainant informed within three days the liability of the Complainant came to an end and the Complainant has zero liability in this case. When the Opposite Party knew about the fraudulent transaction, it was the duty of the Opposite Party to correspondence with the Yes Bank where the money was transferred as the Complainant is a customer of the Opposite Party Bank. The Opposite Party submitted that on 28-02-2023 the Opposite Party requested the Yes Bank authority to refund the amount which was transferred from the account of the Complainant to the account holder of Yes Bank named Sageer Khan. As per document the Opposite Party on 28-02-2023 only informed the Yes Bank. It was the duty of the Opposite Party to correspondence with Yes Bank and try to resolve the matter as the Complainant informed to the Opposite Party within three days. The Opposite Party informed the matter to the Yes Bank and remained silent. In this case the Opposite Party neither provide proper service nor try to solve the matter. Accordingly the Opposite Party is deficient in service. The issue is answered accordingly.
Issue No.2(two)
5) For deficiency in service of the Opposite Party the Complainant is entitled to get relief. The issue is answered accordingly.
As per supra discussion the following order is passed.
O R D E R
6) The complaint is allowed on contest. The Opposite Party is directed to pay Rs. 99,998/-(Rupees ninety nine thousand nine hundred ninety eight)only to the Complainant within 30(thirty) days from the date of this Order. Further the Opposite Party is directed to pay Rs. 50,000/-(Rupees fifty thousand)only compensation for deficiency in service and Rs. 5,000/-(Rupees five thousand)only for litigation expenses to the Complainant. Failing which the entire amount shall carry 12%(twelve percent) interest per annum till realization.
Order pronounced in the open Court 8th day of April 2024.
Supply free copies to the Parties.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r (w)
(Smt. Jigeesha Mishra)
P r e s i d e n t.
