Debendra Prasad Singh filed a consumer case on 08 Dec 2022 against Branch Manager, UCO Bank in the Bokaro Consumer Court. The case no is CC/18/81 and the judgment uploaded on 08 Dec 2022.
Jharkhand
Bokaro
CC/18/81
Debendra Prasad Singh - Complainant(s)
Versus
Branch Manager, UCO Bank - Opp.Party(s)
08 Dec 2022
ORDER
District Consumer Disputes Redressal Commission, Bokaro
Date of Filing-16-07-2018
Date of final hearing-08-12-2022
Date of Order-08-12-2022
Case No. 81/2018
Debendra Prasad Singh,
Qr.No- 331, Sector-9/C, St-19,
Bokaro Steel City, District- Bokaro, Jharkhand
Vs.
Branch Manager, UCO Bank Sec- 4, City Centre, Bokaro Steel City
Present:-
Shri Jai Prakash Narayan Pandey, President
Smt. Baby Kumari, Member
PER- J.P.N Pandey, President
-Judgment-
Complainant has filed this case with prayer to direct the O.P. to pay Rs. 25,000/- (related to unauthorized ATM withdrawal) and to pay Rs. 50,000/- as compensation and Rs. 10,000/- as litigation cost.
Complainant’s case in brief is that he is maintaining savings bank account No. 02430100010305 at UCO Bank, Sector-4, City Centre, B.S.City Branch, Bokaro with ATM facility and having ATM Card No. 6070660243022582. Further case is that on 19.03.2018 complainant received three massages regarding withdrawal of Rs. 10,000/- + Rs. 10,000/- + Rs. 5000/- (Total Rs. 25000/-) by use of debit card 6070xxxx2582 on 18.03.2018 at IDBI Saket Branch, New Delhi ATM between 11:24 P.M. to 11:27 P.M. while complainant was having his debit card with him at Bokaro, hence he tried to confirm it on 19.03.2018 at 07:30 A.M. and got statement regarding balance through ICICI Bank’s ATM situated at Sector-4, B.S.City Branch. Further case is that after obtaining statement complainant came to know that SMS received were true and someone has fraudulently withdrawn Rs. 25000/- from the account of the complainant. Later on with the help of the son the ATM Card was blocked on 19.03.2018 at 08:30 A.M. thereafter, complainant approached home branch at B.S.City, Bokaro and informed about the incidence along with ATM Card, accordingly an application was given to the branch manager with request to credit the amount in his savings account. Complainant went to the local Police Station of Bokaro where he was directed to lodge a complain at the place where withdrawal has been made hence with the help of his son he lodged report at Saket P.S. New Delhi on 19.03.2018 at 04:45 P.M. Further case is that lastly his request has been rejected by the Bank inspite of circular of RBI that a customer has zero liabilities in case of fraudulent transaction made by third party. On 13.06.2018 a notice was given to the Bank Manager for redressal of grievance having no impact hence this case has been filed.
As per W.S. of the O.P. Bank the answering O.P. is not aware where about of ATM card of the complainant at the relevant time and he denies the allegation. Further reply is that the complainant visited the Bank on 19.03.2018 and gave written complaint regarding withdrawal of Rs. 25000/- from his savings bank account and thereafter, matter was forwarded to Zonal Office, Ranchi and H.O. ATM which was replied that it seems cyber crime done by the miscreants and complainant has to lodge complaint with Police, Cyber Crime Branch, New Delhi, if the same has been done and Police is the sole authority to resolve the matter. Further reply is that withdrawal of amount Rs. 25000/- is due to negligence on the part of the complainant and the answering O.P. is not liable for negligence of complainant. Further reply is that there is no deficiency in service by this O.P. hence case is liable to be dismissed.
Now point for consideration is whether complainant is entitled to get relief as claimed?
Complainant has produced photo copy of Bank Passbook related to account involved in this case (Annexure-1) which shows that alleged transactions have taken place. Annexure-II is photo copy of balance enquiry receipt of ICICI Bank ATM of Bokaro B.S.City Branch dt. 19.03.2018 at 07:43 A.M. which proves that ATM Card of the complainant was with him during balance enquiry at Bokaro and by use of it he obtained the statement. Annexure-III is photo copy of application dt. 19.03.2018 filed by the complainant before the branch manager of home branch describing all details related to account, debit card and withdrawal etc. Annexure-IV is the photo copy of application dt. 19.03.2018 filed by the son of the complainant before SHO, Saket Police Station, New Delhi describing all details related to withdrawal of alleged money. Annexure-V A is photo copy of letter dt. 23.04.2018 written by O.P. Bank to the complainant by which his claim has been rejected. Annexure-V B, C & D are photo copy of transaction statements of ATM withdrawal in question and Annexure-VI is photo copy of notice given by the complainant to the O.P.
On the other hand O.Ps. have filed reply letters and ATM reconciliation paper to show that they have properly dealt with the matter.
Complainant has placed reliance on the letter DBR, No. LEG.BC.78/09.07.005/2017-18 dt. 06.07.2017 issued by the RBI in respect to Customer Protection related to unauthorized electronic banking transactions. Accordingly there will be zero liability of a customer in case of unauthorized transaction. Further direction has been issued that in case “Third party breach where the deficiency lies neither with the Bank nor with the customer but lies else where in the system, and the customer notifies the bank within 3 working days of receiving the communication from the bank regarding the unauthorized transaction. Further it has been directed that the bank shall credit the amount involved in the unauthorized electronic transaction to the customer’s account within 10 working days from the date of such notification by the customer (without waiting for settlement of insurance claim, if any). Banks may also at their discretion decide to waive off any customer liability in case of unauthorized electronic banking transaction even in cases of customer negligence.
On careful scrutiny of all the materials available on record as well as direction of the RBI it is very much clear that at the time of transaction at Delhi complainant was at Bokaro along with his debit card but his account has been debited to the tune of Rs. 25000/- by ATM withdrawal for which immediately he has given information to the O.P. at his home branch along with debit card but his grievance has not been settled and this fact is being established from the materials available on record. Therefore, we are of the view that complainant is entitled to get Rs. 25000/- to be credited in his account by the O.P. Bank who failed to provide adequate/sufficient security and is liable to pay it with compensation. Accordingly this point is being decided in favour of the complainant and against the O.P.
Accordingly prayer of the complainant is being allowed in the manner indicated below:-
O.P. Branch Manager, UCO Bank, Sector-4, City Centre, B.S. City, Branch, Bokaro Steel City, Bokaro is directed to credit Rs. 25000/- in the account No. 02430100010305 of the complainant within 60 days from receipt/production of the copy of this judgment, failing which this O.P. shall pay interest on it @ 10% per annum from 16.07.2018 (i.e. the date on which case was filed). Further O.P. is directed to pay Rs. 10,000/- compensation in respect to various type of harassment caused to the complainant and to pay Rs. 2000/- as litigation cost within 60 days from receipt/production of the copy of this judgment.
(J.P.N. Pandey)
President
(Baby Kumari)
Consumer Court Lawyer
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