Order No-31
Date: 20.05.2024
Both parties are present.
The case is fixed for argument. After hearing Argument from both sides the Commission proceeds to dispose of the case as hereunder:-
The complainant’s case is that he has a savings account no-0183010367295 with OP-Bank and unable to get up-to-date statement of account he contacted with the OP-Bank for the same who supplied a toll free no being 18001802222 and accordingly the complainant took the assistance of the above mentioned toll free no on 23.04.2021 for updating the statement of account but soon thereafter he received a SMS to his mobile no-8296268123 to the effect that a sum of Rs. 2,000,00/- (Rupees two lakh only) has been debited from his account and similar deduction of Rs. 25,000/- (Rupees twenty five thousand only) twice was made on 25.04.2021. The matter was brought to the notice of the OP-Bank by letter in writing dated-27.04.2021 and immediately thereafter Rs.25,000 (Rupees twenty five thousand only) was returned to the Complainant on the same day but no step was taken for refund of rest amount of Rs. 2,25,000/- (Rupees two lakh twenty five thousand only). Thus the Complainant has suffered pecuniary loss of Rs. 2,25,000/- (Rupees two lakh twenty five thousand only) which he claimed from OP-Bank as compensation due to deficiency of service on their part.
OP-Bank contested the case by filing Written Version denying the material allegation made in the complaint contending inter alia that the toll free no which the complaint used does not belong to the OP-Bank and as such they have no liability in this case.
-: Decision with reasons :-
Having regard to the fact of the case, contention, submission and document on both sides the Commission finds that the OP-Bank has already paid Rs.25,000/- (Rupees twenty five thousand only) on 27.04.2021 as is evident from the statement of account produced by the Complainant at that time of hearing immediately after he brought the matter to the notice of the OP-Bank in writing letter dated-27.04.2021.
As per RBI guide line OP-Bank is bound to compensate the pecuniary loss in such cyber crime case if information is given to the bank immediately after the occurrence. In this case the fraudulent transfer of money took place on 23.04.2021 being Friday and the matter was brought to the OP-Bank on 27.04.2021 the day after 26.04.2021 being the Monday. In fact, OP-Bank has returned the amount of Rs.25,000/- (Rupees twenty five thousand only) to the Complainant which goes to indicate that the OP-Bank has accepted it as a cyber crime and as such OP-Bank has still the liability to pay the entire defrauded amount of Rs. 2,25,000/- (Rupees two lakh twenty five thousand only) to the Complainant.
However, OP-Bank ought to have disposed of the claim of the Complainant immediately after receipt of complaint from the Complainant and detection of such fraud otherwise the Complainant would not approach this Commission.
For this reason the OP-Bank is liable to pay litigation cost of Rs.5,000/- (Rupees five thousand only).
Hence, it is ordered…….
that the case is disposed of on contest by directing the OP-Bank to pay to the Complainant Rs. 2,25,000/- (Rupees two lakh twenty five thousand only) along with litigation cost of Rs.5,000/- (Rupees five thousand only) within one month from this date i.d. law will take its own course.
Both parties are supplied copy of this order free of cost.
