DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 412/2017

Smt. Charanjeet Kaur

W/o Sh. Ravinder Singh Channey

R/o D-71, Hauz Khas

New Delhi-110016                                                  ….Complainant

Versus

1.      The Chief Manager

          Canara Bank

          Hauz Khas, New Delhi-110016

2.      M/s Ultracash Technology

          Through its Director

Having its registered office at:

B-802, AKME Ballet,

Near Total Mallddoddanekkund

Bangalore-560037                                            ….Opposite Party

                                                Date of Institution        : 05.12.2017        Date of Order                : 27.08.2020

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

ORDER

Ms. Kiran Kaushal, Member

1. Briefly put, the complainant Smt. Charanjeet Kaur is holder of  Savings Bank Account of Canara Bank, Hauz Khas Branch, New Delhi (OP No.1). Complainant on 27.12.2016 tried to withdraw some money from the ATM but her request was rejected. Later complainant came to know that there had been an unauthorized withdrawal of Rs.11,200/- from her account on the same day. Complainant made several requests and even personally visited OP No.1 regarding the same whereby she was informed that OP No.1 will look into the matter.  OP No.1 further suggested that the complainant should ask the transferee agent about the disputed transaction. Complainant also lodged a complaint with the local police station regarding the illegal withdrawal of money from her account. Copy of the statement of account and complaint made to the local police station are annexed as Annexure A1 and A2 respectively.
   1. It is stated that the complainant being a housewife does not transact through E-wallet. Further it is averred that the complainant did not get any alert of the disputed transaction from OP No.1.  
   2. It is alleged that M/s Ultracash Technology (OP No.2) in  Bangalore was used to transfer the amount. The complainant submits that she is neither a registered user of the services of OP No.2 nor does she have any account with OP No.2. The said transfer of money was also not authorized by the complainant. Notice was sent to the OP No.2 through email which was duly acknowledged and replied. Copy of notice to OP No.2 and reply thereto are annexed as Annexure A3. The OP No.2 informed the advocate of the complainant that the money was transferred through OP-2 to another mobile number but no further information was provided on the ground of privileged information. Alleging deficiency of service on account of OP No.1 and OP No.2 complainant approached this Forum for direction to the OPs to refund the sum of Rs.11,200/- alongwith interest @ 9% per annum; to award Rs.50,000/- as compensation for harassment and cost of litigation. 
2. None appeared on behalf of OP No.1 and OP No.2 despite receiving the notice therefore OP No.1 was proceeded exparte vide order dated 10.07.2018 and OP No.2 on 22.01.2019.
3. Complainant has filed exparte evidence and written arguments.
4. Submissions made on behalf of the complainant are heard and material placed on record is perused carefully.
5. Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Therefore, there is no reason to disbelieve the version of the complainant.
6. Complainant in support of her case has filed Statement of Account which is appended at Page no. 7 & 8 of the complaint and emails exchanged with OP at Page no. 11 & 12.
7.  The Statement of Account appended at Page No. 7 of  the complaint reveals that five consecutive transactions were made on 27.12.2016 involving UltracashTechnolog I.E.S Banglore-27 i.e. OP No.2. As per the complainant she never transacted with the said OP. It is not complainant’s case that any OTP number was sent to the complainant by OP No.1 or any SMS/ alert regarding the disputed transaction was received by her. The trail mail appended at Page No. 11 & 12 reveals that a legal notice was sent by the complainant to OP No.2. Thereafter, OP No.2 sought the contact number of the complainant so as to resolve the issue. However, it is reported by the counsel of the complainant that after sometime the OP No.2 stopped taking their calls and did not resolve the said issue. Complainant has filed another bank account statement vide email dated 15.08.2020 to support her argument that the money illegally and unauthorizedly withdrawn has not been deposited back in her account. In view of the discussion and circumstances noted above, Forum is of the opinion that OP No.2 has not refunded the money to the complainant. OP No.1 failed to caution the complainant by not sending any transaction alert or OTP. Therefore, we hold OP No.1 and OP No.2 deficient in service and jointly & severally liable to compensate the complainant.

8. OP No.1 and OP No.2 are directed to refund the complainant sum of Rs.11,200/- alongwith interest @ 8% per annum from the date of filing of the complaint till realization within two months from the date of receipt of copy of this order. Additionally OPs are directed to pay Rs.10,000/- towards harassment and litigation cost. Failing which OP No.1 & OP No.2 shall pay the above said amount of Rs.11,200/- to the complainant with interest @ 10% per annum from the date of filing of the complaint till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.  

Announced on 27.08.20.