Today is fixed for order on maintainability petition. OP filed this petition on 03.05.2023. Complainant filed W.O on 09.08.2023. Heard the petition of both side in full.
On scrutiny of the record we, the Commission find that the CC case filed against OPs on the ground of fraud and cyber crime.
In Santosh kumar Vs Union of India 2019 SCC in this case the NCDRC observed that such cases require specialized expert and investigation which is beyond the scope of Consumer Commission. Consumer Commission in India does not have jurisdiction to try cases involving cyber crimes and online frauds. In this case the commission directed to the complainant to approach the appropriate authorities such Cyber Crime Cell or Police to investigate and prosecute the alleged cyber crime.
In Rajeshwar Singh vs Union of India 2017 Supreme Court stated that Consumer Court does not have jurisdiction to try case involving cyber crime and online fraud. The Apex Court observed that such cases involve complex issues of cyber law and require specialized expert which is beyond the scope of consumer courts. Consumer Courts in India does not have jurisdiction to try case involving Cyber Crimes and online frauds.
In Vijay Kumar vs State of Maharashtra 2020 Bombay High Court, this case Vijay Kumar, petitioner had filed a complaint against the state of Maharashtra and other respondents alleging that he had been a victim of online fraud. The Bombay High Court held that Consumer Courts do not have jurisdiction to try cases involving cyber crimes and online cases.
In WO Complainant stated that the maintainability petition is not tenable at this stage because complainant already adduced her evidence. In Koushy Varghese vs HDFC bank ltd and others in this case NCDRC stated that question in which law point is involved can be decided at any stage of proceeding of case.
We the commission find that this complaint petition about online fraud and cyber crimes. Complainant over telephone shared her account no, pin no, OTP etc. Complainant also filed a GDE to Cyber crime police station at Malda. We find that this case is a criminal in nature and online fraud.
Accordingly contention/submission of OPs (Maintainability Petition) are in a position to be affirmed.
Hence Ordered,
that the case is be and the same is dismissed without any cost.
