DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

 

CASE   NO:   CC- 40 of  2023

 

 

Mr. Satish Debbarma 

S/O- Late Manik Lal Debbarma,

Salka Residential Complex,

Welfare Society, VIP Road, Gurkhabasti,

P.O. - Kathal Bagan, Kunjaban, Agartala,

P.S. New Capital Complex, Agartala,

District- West Tripura- 799006. ...........Complainant.

 

 

VERSUS

 

 

1. Chief General Manager,

State Bank of India,

Local Head Office, Guwahati,

G.S. Road, Opposite Assam Sachivalaya,

District- Kamrup- 781006.

 

2. Deputy General Manager,

State Bank of India,

Regional Business Office,

Ambika Patty, Silchar,

District- Cachar, Assam,

Pin- 788001.

 

3. The Regional Manager,

State Bank of India,

Regional Business Office (North),

Palace Compound, Near Jaggannathbari,

Agartala, District- West Tripura,

Pin- 799001. .........Opposite Parties.

 

 

 

 

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

 

 

F I N A L    O R D E R

1. Satish Debbarma here-in-after called the complainant, has filed this complaint alleging inter alia that on 19.08.2022 an amount of Rs.3,45,500/- was hacked from his Bank Account with SBI, TLA House and on 22.08.2022 such amount was debited from the account of the complainant crediting the same to the account of the hacker.

1.1 The factual background is that on 19.08.2022 the complainant received a phone from Mobile No. 6296874154 that his electricity bill was pending but the complainant replied that he had already paid his electric bill. At that juncture the caller of the telephone demanded Rs.20/- from the complainant in disguise for updating pending position of the bills. As such the complainant paid Rs.20/- sharing one OTP number but within a few minutes the complainant found that money started debiting from the account of the complainant. Hence, the complainant rushed to the Bank and narrated the incident. The Bank authority immediately blocked the account but in the meantime an amount of Rs.3,45,500/- already  debited from the account in 4 strokes for Rs.99,000/- ; Rs.1,00,000/- ; Rs. 97,000/- and Rs.49,500/-. 

1.2 The complainant lodged complaint with the Tripura State Cyber Crime Branch on 24.08.2022. The Bank Authority reverted and credited an amount of Rs.1,96,000/- but the rest amount of Rs.1,49,500/-  was not reverted. Hence, due to the negligence and deficiency in service of the Bank Authority the rest amount of Rs.1,49,500/- could not be reverted back to the Account of the complainant although the bank authority got 4 days time i.e., near about 96 hours from the time of hacking till the time of crediting the said amount in the Account of the hacker by debiting from the account of the complainant. 

1.3 Several correspondence were made with the Bank but to no good. Hence this complaint.

2. The O.P. submitted written objection alleging inter alia mainly in Para- 7(ii) in page 5 that in respect of the rest amount of Rs.1,00,000/- and Rs.49,500/- could not be reversed as those 2 amounts were fully utilized for goods and services upon installing an App and payment of Rs.20/-. In para- 7(iv) it is also pleaded by the O.P. bank that after due enquiry the Reserve Bank of India informed the complainant the mode of hacking by the hackers and that to the best of ability of the O.P. bank 2 nos. of transactions were recovered and credited back to the Account of the complainant but the rest 2 nos. of amount since utilized for goods and services by using the OTP nothing can be done by the bank and the complaint of the complainant was closed.

3. Both sides adduced evidence and after hearing Learned Counsels the following point is taken up for discussion and decision:-

Decision and Reasons:-

4. The O.P. Bank communicated  a copy of enquiry by the RBI communicated to the complainant dated 07.01.2023 which is reproduced below:-

5. From the evidences and pleadings it is admitted position that the complainant shared OTP and paid Rs.20/- to the hackers as demanded by them as such, this act of the complainant paved way for the hackers to hack from his Account. The O.P. bank blocked his Account immediately on receiving complaint and to the best of their ability recovered 2 amounts but the rest 2 amounts could not be recovered from the hackers as those 2 amounts were utilized for goods and services. Thus, as per RBI guidelines no fault can be attributed to the Bank and hence, Bank can not be held responsible  for any deficiency in service. 

6. The point is decided accordingly.

7. In the result, the case of the complainant is dismissed however, without cost.     

8. Supply copy of this Order free of cost to the parties.    

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.