DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 877/2015
D.No.________________________ Date: ________________
IN THE MATTER OF:
AKILU-UR-REHMAN S/o MD. YASIN,
R/o 1253, SEC.-A-6, PART-II,
PUNARWAS COLONY, NARELA,
DELHI-110040.… COMPLAINANT
Versus
INDIAN OVERSEAS BANK,
NARELA BRANCH, RAILWAY ROAD,
NARELA, DELHI-110040. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 10.08.2015
Date of decision:01.06.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant has a saving bank account bearing no. 218301000000187 with OP and later on opened a new saving account on 26.02.2014 in the same branch bearing account no.
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218301000001539 and as suggested by the Branch Manager of OP the complainant closed his previous saving account and got his entire saving amount of Rs.1,29,842/- transferred from his previous saving account to his new saving account. The complainant further alleged that on his request the complainant was provided with ATM cum Debit card no. 4221321542563882 and the complainant received an envelope containing PIN Code Number on 23.05.2014 through postal department and being uneducated person the complainant could not understand PIN Code Number and reached at OP’s Bank alongwith the said envelope and contacted the official of Bank name not known but the complainant can recognize the said official comes before the complainant. Thereafter, the officer of the bank opened the said envelop and shown the PIN Code Number to the complainant and told him to use the said PIN Code Number while operating ATM card and the complainant from time to time deposited money in his saving account in normal course but did not use his ATM card even a single time nor withdrew any amount from OP’s bank. On 21.07.2014, the complainant went to OP’s bank to deposit Rs.10,000/- in his account and was shocked to know that only balance amount of Rs.5/- was lying in his account as entire amount was fraudulently withdrawn from his account and the complainant immediately informed about the said incidence with the bank official and requested to do the needful in this regard on
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urgent basis as a sum of Rs.2,65,400/- was fraudulently & unauthorizedly withdrawn from his account. Thereafter, the complainant made several complaints with OP’s bank officials and made several visits & requested to look into the matter/enquire about the fraudulent transaction but even after assuring time again bank officials did nothing. The complainant further alleged that OP’s bank also sent 2 letters dated 17.09.2014 & 01.10.2014 respectively in this regard and thus, it is clear that OP’s bank is aware about the said fraudulent transaction and OP’s bank even after knowing that there was shortcoming in their services, they have vehemently failed in providing proper and efficient services did nothing and due to their negligent and irresponsible behaviour the complainant suffered a lot and the bank employee either himself or in collusion with some other person have committed fraudulent transaction, duped & siphoned Rs.2,65,400/- from the complainant’s account illegally. The complainant further alleged that the complainant also sent complaint to the higher police officials vide complaint dated 25.08.2014 but no action was taken and the complainant approached concerned police station Narela and got the FIR bearing no.1108 dated 01.09.2014 registered u/s 420 IPC against unknown persons and the same is under investigation and no action against any official of OP’s bank has been taken either by the police or by the management of the bank and the fraud has been committed by the official of bank and thus,
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OP’s bank is responsible to compensate the complainant alongwith interest. The complainant further alleged that the ATM card was lying with the complainant but fraudulently the complainant’s account has been debited several times on several dates illegally and the complainant sent legal notice dated 23.12.2014 through his Counsel to OP but OP did not give any reply to the said notice and shows clear cut deficiency in service on the part of OP.
2. On these allegations the complainanthas filed the present complaint praying for direction to OP to refund /repay the siphoned amount i.e. Rs.2,65,400/- to the complainant alongwith interest @ 18 % p.a. from the date of illegal and unauthorized withdrawal of the said amount till realization in full as well as compensation of Rs.2,00,000/- for causing mental agony, physical harassment and the complainant has also sought cost of litigation.
3. OP has been contesting the case and filed written statement/reply. OP submitted that the complainant is maintaining a saving account no. 218301000001539 and further submitted that the complainant had opened a saving account no. 218301000000187 on 12.10.2009 which was closed by him on 26.02.2014 vide request letter dated 26.02.2014 and the other saving account no. 218301000001539 was opened by the complainant on 31.12.2010 but not on 26.02.2014 and before 26.02.2014 the complainant was maintaining 2 saving accounts with OP bank out of which one account no. 218301000000187 was closed on 26.02.2014 and
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amount lying in the said account was transferred in other saving account no. 218301000001539.OP further submitted that the complainant was using the ATM card since 2010 and vide letter/claim form dated 03.05.2014 he informed the bank about loss of his earlier ATM card issued against saving account no. 218301000001539 on 31.12.2010 and requested for issuance of new ATM cum Debit Card and on his request new ATM card was issued on 22.05.2014. OP further submitted that all the correspondence received from the complainant was duly replied and there is nothing to hide by OP’s bank, as OP’s bank has no role and negligence whatsoever in occurrence of alleged loss to the complainant and immediately after receiving the complaint at the branch, branch officials forwarded it to the concerned departments and as none of the transactions were took place at the ATM machine maintained by OP’s bank concerned departments of OP’s bank sought details of alleged transactions and CCTV footage from the bank through alleged transactions took place and the bank namely IndusInd Bank and HDFC Bank sent CCTV Footage and same were shown to the complainant. OP Bank further submitted that the ATM card was used at several ATMs operated and maintained by other financial institutions and also used through swipe and several purchases were made at different outlets. OP Bank further submitted that there is no negligence and deficiency of service on the part of Bank and the complaint is not maintainable.
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4. The complainant filed rejoinder and denied the contentions of OP.
5. In order to prove his case, the complainant filed his affidavit in evidence and the complainant also filed written arguments. The complainant also filed copy of complaint dated 22.07.2014 written by the complainant to the branch manager of OP, copy of Form of complaint dated 27.10.2014, copy of details of statement of account, copy of legal notice dated 12.02.2020 sent by the complainant to OP alongwith postal receipt, copies of letters dated 16.08.2014, 22.08.2014, 13.09.201410.10.2014 & 18.10.2014 sent by the complainant to Commissioner of Police, New Delhi, General Manager of OP, Assist. General Manager of OP about fraudulently withdrawal of Rs.2,65,000/- from the account of the complainant, copy of reply dated 17.09.2014 sent by OP to the complainant, copy of complaint dated 25.08.2014 sent by the complainant to A.C.P., P.S. Alipur, Delhi alongwith postal receipts, copy of FIR, photocopy of ATM card, copy of letter dated 29.10.2014 sent by the Banking Ombudsman to the complainant and copy of the legal notice dated 23.12.2014 sent by the complainant through his Counsel to OP by speed post alongwith postal receipt.
6. On the other hand, Sh. Ravinder Jith Singh, Senior Branch Managerof OP filed his affidavit in evidence which is as per lines of defence taken by OP in the written statement/reply. OP has also placed on record copy of screen shot having details of the complaint and its date wise proceedings, copies of account opening form
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submitted by the complainant at the time of opening saving accounts nos. 218301000000187 & 218301000001539, copies of pages of register having acknowledgment of receiving of ATM in 2010 with covering page of register, copy of request form dated 03.05.2014 submitted by the complainant informing about lost of ATM card, copies of pages of register having acknowledgment of receiving of ATM in 2014, copy of letter dated 04.09.2014 sent by OP to the SHO, P.S. Narela, Delhi, copy of reply dated 28.02.2015 sent by OP to the complainant through his Counsel alongwith postal receipt and copy of CD having video/cc TV footage as provided by the HDFC Bank and IndusInd Bank. OP has also filed written arguments.
7. This Forum has considered the case of the complainant and OP in the light of the documents placed onrecord by the complainant and OP.
8. We find force in the arguments of the Counsel for OP. The ATM card as stated by complainant was with him and he was having the knowledge of the PIN code no. of the card. It clearly shows that without the knowledge and consent of the complainant the ATM cum debit card with secret PIN code no. could not have been used by anyone. The case of the complainant is also falsified due to the fact that the complainant was using the ATM card since 2010 and vide letter dated 03.05.2014 the complainant informed the bank
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about loss of his earlier ATM card. So, it cannot be said that the complainant was not knowing the procedure for using the ATM card.
9. Thus, we are of opinion that the complainant has failed to prove the case on merits. The complainant is not accordingly dismissed being devoid of merits.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 1stday of June, 2020.
BARIQ AHMED USHA KHANNA M.K.GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
