PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 5/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Rajkishor Tripathy,

S/O-Late Giridharilal Tripathy,

R/O-Danipali, near Kedriya Vidyalaya PO-Bareipali

Dist-Sambalpur, Odisha.                                                                …….......Complainant.

Vrs.

Chief Manager, State Bank of India, Main Branch,

Sambalpur.                                                                       …………........Opp. Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Ex-parte

Date of Filing:04.01.2024,  Date of Hearing :12.03.2024  Date of Judgement : 22.04.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant has a S.B Account in the branch of OP. The Complainant has availed Auto-sweep facility of the SBI in the said account. As per the rules governing the operation of Auto-sweep scheme in the SBI, a threshold limit of 25,000/- is required to be maintained in the SB account of the depositor subscribing to Auto-sweep scheme. Any amounts exceeding the threshold limit of Rs. 25,000/- shall be automatically converted into a F.D account and the depositor shall be entitled to interest of the F.D account. On 9.11.2022, the Complainant felt victim to an online fraud and an amount of Rs. 56,999 was debited from the SB account of the Complainant. The Complainant immediately lodged F.I.R about the said cyber-crime in Ainthapali, Sambalpur. The Complainant as per the rules governing operation of Auto-sweep scheme of the SBI, at any given point of time, the balance in the SB account of a depositor opting for auto-sweep facility should not exceed the threshold limit of 25,000/- and any amount exceeding Rs. 25,000 shall be immediately converted into a F.D account in favour of the account holder. So, it is a clear case of deficiency of service on the part of the bank to discharge its mandatory duty.
2. The OP is set-exparte.
3.  From the records and documents, it is found that the Complainant is a consumer of the O.Ps having his account with the OP Bank. The Complainant has availed Auto-sweep facility of the, SBI in the said account. As per the rule of the said account any amounts exceeding the threshold limit of Rs. 25,000/- shall be automatically converted into a F.D account and the depositor shall be entitled to interest of a F.D account on the said F.D account. But due to negligence of the OP, the exceed amount could not be automatically converted into a F.D account. As a result the Complainant felt an online fraud. So the deficiency in service of the OP found. Accordingly it is ordered.

ORDER

The complaint is allowed on merit. The O.P is directed to pay an amount of Rs. 56,999/- towards illegal loss of fraud amount, The O.P is further directed to pay Rs. 25,000/- toward compensation to the Complainant and Rs. 5,000/- towards cost of the proceeding within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 22^nd day of April, 2024.

Free copies of this order to the parties are supplied.