DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 74 of 2018

 

Ms. Arnisha Das,

D/O. Shri Sishta Das,

Bholananda Palli, Barjala Road,

P.O.-Kathal Bagan, Agartala,

Dist.-West Tripura, Pin-799006

(Represented by her father

 Shri Sishta Das) .…..............….......................Complainant.

 

 

        -VERSUS-

 

1. Indian Bank,

Registered Office No.62, 

Goudiya Mutt Road,

Royapettah, Chennai,

Tamil Nadu, 600014. 

 

2. Branch Manager,

Indian Bank, Gurkhabasti Branch,

Kathal Bagan, Airport Road,

Pin-799006 …............................................ Opposite parties.

 

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

For the Complainant : Shri Amrit Lal Saha,

  Shri Kajal Nandi,

  Smt. Manisha Chakraborty,

  Shri Koushik Karmaar,

  Advocates. 

For the O.P. No. I & O.P. No.2 : Smt. Puspita Chakraborty,

Advocate.                                                                                                                                  

  

JUDGMENT  DELIVERED  ON: 06/06/2019

 

J U D G M E N T

The complainant Ms. Arnisha Das, represented by her father Shri Sishta Das set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act 1986 complaining deficiency of service by the O.Ps. 

  The complainant's case in brief is that the Complainant has one Savings Bank account bearing No.6569562528 with the  O.P. No.2, the Branch Manager, Indian Bank, Gurkhabasti Branch, Kathal Bagan, Airport Road, Agartala. On 03/08/2018 the father of the complainant deposited Rs.20,000/- by RTGS from Tripura State Co-operative Bank into her account. On the same day the amount has been credited in the account of the complainant. The total balance in her account on 03/08/2018 stood at Rs.28,831.98/-. The Complainant has been temporarily residing at Bangalore. She obtained one ATM-cum-Debit card from the O.P. Indian Bank and carried it with her to Bangalore for the purpose of withdrawal of money from her account by using the said ATM Card. On 03/08/2018 the complainant had withdrawn Rs.500/- by dint of her ATM card at Bangalore. But the following day i.e. on 04/08/2018 she found that in four different ATM PURCH transactions a total amount of Rs.27,744/- @ Rs.9.000/-, Rs.9,000/-, Rs.9,000/- & Rs.744/- has fraudulently been withdrawn from her account. She immediately informed the matter to her father. Her father also on the same day inform the matter to the O.P. No.2, the Branch Manager, Indian Bank, Gurkhabasti Branch, Agartala. Her father on 06/08/2018 also sent a complaint in writing to the Regional Manager, Reserve Bank of India, Agartala Branch about the matter for taking needful action in the matter. The O.P. Indian Bank has furnished to the father of the complainant details of the transactions made from the account of the Complainant and that in the Bank's statement report the O.P. Bank has also stated that “We are unable to refund the amount as the services have been availed”. The complainant alleged that the O.P. Bank has not refunded the amount Rs.27,744/- which has been fraudulently withdrawn from the account of the Complainant and that the O.P. Bank has also failed to furnish details of the information as to how and where the transactions had occurred.  

Being aggrieved and dissatisfied with the services of the O.Ps. the complainant through her father filed the complaint praying for compensation of Rs.50,000/- on account of mental agony hardship suffered by her and also for direction upon the O.P. to refund Rs.27,744/- which has been fraudulently withdrawn from her account.

Hence this case. 

2. The O.P. has contested the case by filing a written statement denying any deficiency of service having been committed by them towards the Complainant. Regarding the alleged withdrawals for an amount of Rs.27,744/- from the account of the complainant, the O.P. has asserted that the withdrawals were made on account of disclosure of secret Paytem Wallet Password, Credit / Debit Card PIN and any other confidential information by the Complainant. The O.P. can not be held responsible for the alleged fraudulent withdrawals from the savings bank account of the Complainant. The O.P. Bank has supplied to the Complainant the details of the transactions as sought for by the Complainant and that the O.P. has also informed the Complainant that they were unable to refund the amount as the matter has not being dealt with by the O.P. Branch, Agartala.  

The O.P. has thus prayed for dismissal of the Complaint for the interests of justice. 

3. EVIDENCE ADDUCED BY THE PARTIES:

    On behalf of the Complainant her father has been examined as witness and he has submitted examination-in-Chief by way of Affidavit. In this case on behalf of the complainant produced 08 documents namely original copy of Bank pass book, Original copy of transaction detail, original copy of letter dated 08/08/2018 written by the father of the Complainant to the RBI,Agartala Branch, Original copy of G.D. Entry dated 08/08/2018, Original copy of letter dated 06/08/2018 written by father of the Complainant addressed to the Manager, Indian Bank, Gurkhabasti, Agartala regarding fraudulent withdrawals of amount from the account of the Complainant, Original copy of letter dated 04/09/2018 issued by the Asstt. Manager, RBI, Guwahati & Xerox copy of ATM card. The documents are marked Exhibit-I series. 

On behalf of the O.Ps. one witness namely Shri Mark Debbarma, Branch Head of Indian Bank, Gurkhabasti Branch has been examined. The O.Ps however have not adduce any  documentary evidence in support of their case.

4. POINTS TO BE DETERMINED:

Based on the contentions raised by both the parties in their pleadings and having regard to the evidence adduced by the complainant the following points cropped up for determination:

(I).   Whether there was deficiency of service on the part of the O.Ps.?

 

 

 (II) Whether the complainant is entitled to get compensation/relief as prayed for?

5. DECISION AND REASONS FOR DECISION:

  We have heard the arguments advanced by Learned Counsel appearing for both the parties. Also we have perused the pleadings, documents on record, evidence adduced by both the parties and the memorandum of written arguments filed by the  O.P. 

  While arguing the case learned counsel appearing for the complainant contended that the sudden withdrawal of Rs.27,744/- in four different ATM purch transactions behind the back of the Complainant @ Rs.9,000/- three times and Rs.744/- ones from the Bank account of the Complainant on 04/08/2018 within a time span of nine minutes which had not been properly explained by the O.P. Bank is an instance of gross deficiency of service on part of the O.P. Bank. These unauthorized transactions were made in Delhi whereas the Complainant at the relevant time was staying at Bangalore. Learned Counsel also argued that all though the father of the Complainant reported the matter to the O.P. No.2, the Branch Manager, Indian Bank, Agartala on 06/04/2019 but no action was taken by the O.P. Bank in order to unearth the mystery behind it. The ATM-Cum-Debit Card of the Complainant had been issued by the O.P. Bank. Learned Counsel further argued that the Complainant is temporarily staying at Bangalore and that having had completed her studies she is in search of job there. She was never indulged in spending money other than her basic need. According to the Learned Counsel the O.P. Bank has failed to give explanation about the fraudulent transactions having been made from the account of the Complainant and as such the Complainant ought to be compensated for suffering mental agony and harassment apart from refund of Rs.27,744/-. 

    Per-contra Learned Counsel appearing for the O.Ps. has argued that the four transactions against the account of the Complainant might have occurred on account of disclosure of Paytm Wallet Password , Credit-Debit Card Pin & any other confidential information to any one by the Complainant which is in violation of the instructions given by the O.P. Bank. It is the case of the O.Ps. that unless such disclosures are made, such instances of transaction do not occur against the bank account of the Complainant. The O.Ps. have vehemently asserted that the O.P. Bank could not be held guilty of committing deficiency of service, rather the Complainant herself is responsible for the debit of the amount from her account and as such the Complainant is not entitled to get any compensation and refund of the amount as prayed for in her consumer complaint.

    It is evident from the case record particularly from the copy of the transaction details report as supplied by the O.P. Bank to the Complainant under Exhibit-I series that four different ATM purch transactions @ Rs.9,000/- three times and Rs.744/- ones from the Bank account of the Complainant on 04/08/2018 within a time span of nine minutes was made. Accordingly to the Complainant these unauthorized transactions was immediately reported to the O.P. No.2 on 06/08/2018 in writing but the O.P. Bank did not take any step against it. It is also found that the father of the Complainant sent a grievance letter regarding the matter to the Regional Manager, Reserve Bank of India, Agartala Branch on 08/08/2018 under Exhibit-I series for redress apart from filing a written complaint with the O/C, Capital Complex P.S.(Under Exhibit-I series). 

 

 

    The plea of the O.Ps. is that the transactions were made due to the disclosure of Paytm Wallet Password, Credit-Debit Card Pin & any other confidential information to any one by the Complainant which is in violation of the instructions given by the O.P. Bank. The O.P. Bank however, has not adduced any evidence supporting the plea. In the era of E-commerce and E-governance, according to us the O.P. could have easily retrieved the information relating to the whereabouts of the transactions that took place on the relevant day and the involvement of the Complainant in it. We find that the complainant has vehemently asserted and insisted those transactions to be unauthorized one and that the Complainant never indulged in spending such huge amount. The plea of the Complainant side gets support from her pass book(Exhibit-I series) wherein we noticed that except the four transactions  the complainant did not spend big amount. 

            The plea taken by the O.Ps. regarding the transactions that had been made from the account of the complainant appears to us not convincing. We are not inclined to accept there plea. The O.Ps. according to us are guilty of  committing deficiency of service and as such they are liable to bear loss of the Complainant.  

In view of discussion made above, we find and hold that the Complainant has  succeeded in proving her case  U/S 12 of the Consumer Protection Act, 1986  against the O.Ps. The complainant as such is entitled to get compensation and refund of the amount Rs.27,744/- from the O.Ps.   

Both the points are decided accordingly in favour of the complainant and against the O.Ps. 

 

 

  In the result, it is directed that the Complainant is entitled to get refund of Rs.27,744/- from the O.Ps. For causing sufferings, mental agony and harassment the Complainant is also entitled to get compensation of Rs.10.000/- & Rs.4,000/- as cost of litigation. Thus in total the Complainant is entitled to get Rs.41,744/-(Rs.27,744/-+Rs.10,000/-+Rs.4,000/-).  The O.Ps. are directed to pay the amount of Rs.41,744/- to the Complainant  within a period of 2 months from the date of judgment failing which the amount of compensation shall carry interest @ 9% P.A. till the payment is made in full. 

 

 

ANNOUNCED

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

 SMT. DR. G. DEBNATH,

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.