In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 76 / 2009.
1) Anirban Dey,
G2-36, New Ramnagar (Raypur), Amartya Garden Road, Kol-141. ---------- Complainant
---Versus---
1) Branch Manager, HDFC Bank Ltd.,
2/6, Sarat Bose Road, Central Plaza, Kolkata-700020.
2) Mr. Madhusudan Hedge, Senior Vice President (Regional Head East),
HDFC Bank House, 3A, Gurusaday Road, Kolkata -19.
3) The Zonal Manager, HDFC Bank Ltd.,
3A, Gurusaday Road, Uniworth House, Kolkata -19. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 31 Dated 25/05/2012.
The petition of complaint has been filed by the complainant Anirban Dey against the o.ps. HDFC Bank Ltd. The case of the complainant in short is that complainant has S.B. A/C in o.ps. bank vide no.0141000150335 with net banking facilities. Further case of the complainant is that on 19.11.07 at about 10-30 a.m. complainant got astonished seeing two consecutive system generated messages reflecting debit of Rs.50,000/- from his said account for fund transfer using complainant’s net banking facility and complainant added / modified beneficiary institution, viz. KAME-FELIX Enterprises having A/C no.3582000004848 to the complainant’s HDFC net banking fund transfer module.
After knowing the same, complainant on 19.11.07 lodged complaint to o.p. no.1 with a request to o.p. no.1 to creditRs.50,000/- in his said S/B A/C. Complainant also lodged complaint with O.C. Ballygunge P.S. as well to as to D.C., Cyber Crime Cell, Kolkata Police and ultimately complainant received no fruitful result and lastly complainant on 22.5.08 sent an advocate’s letter for redressal of his dispute but no fruitful result was brought forth. Hence, the case.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the party, evidence and documents in particular. It is an admitted position that complainant is S.B. account holder of o.ps. bank. Further admitted position is that Rs.50,000/- was debited from the aid account and the same was done through net banking fund system and o.ps. assured complainant to assist in the matter of police investigation.
From annex-1 & 2 of the evidence-in chief we find that there are document of safety measure and despite the same sum in question has been debited. We do not have any police report lying with the record.
In view of the findings above we are of the opinion that complainant must have shared / compromised IPIN which has resulted in unauthorized transfer, may be knowingly or unknowingly and for which o.ps. can not be held liable. We do not find any deficiency on the part of o.ps. and instant complaint is liable to be rejected.
Hence, ordered,
That the instant case is dismissed on contest without cost.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
