ORAL

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 COMPLAINT NO. 16 OF 2022

Nand Dulal Majumder

MIG 49, Near Dheeraj Market

Kalyanpur, Indira Nagar

Kanpur Nagar, U.P. 208026

                                                                                         ...Complainant

                                                     Vs.

1. Indusind Bank Limited

2401, Gen Thimmayya Road

Cantonment, Pune

Maharashtra 411001

2. Google India Private Limited

No.3, RMZ Infinity – Tower E,

Old Madras Road

4^th & 5^th Floors, Bangalore

Karnataka-560016

                                                                                        ...Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

HON’BLE MR. VIKAS SAXENA, MEMBER

For the Complainant        :  Complainant in person.

For the Opposite Parties   :

Dated : 02-03-2022

                                            JUDGMENT

           MR. JUSTICE ASHOK KUMAR, PRESIDENT

Heard Sri Nanda Dulal Majumder, the complainant who is present in person.

Instant complaint has been filed before this Court with the following prayer:-

“Damages caused by IndusInd Bank and Google India Private Limited

As a part of the losses that I have suffered because of IndusInd Bank are listed as below:

1. A financial theft/fraud of India Rupee of 51,700 (Fifty One Thousand Seven Hundred Only.)
2. Interest charges which have been levied by the Bank out of which a

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 significant amount has been paid from our end. However the compounded interest means the Bank is exploiting and has siphoned a lot of our hard earned money. We had kept on making payment of the Credit Card till October 2021.

3. Loss of immediate Business Opportunity amounting to Indian Rupee of 5-60 Lakhs due to the blockage of my source of digital payment system. Consequently apart fro  the above immediate financial losses, a loss of face and brand value we had to incur due to inactions of IndusInd Bank. (Evidence attached.)
4. Charges incurred for generating a new Credit Card from IndusInd Bank was paid from out end.
5. Credit Ratings of mine were negatively hit for the first time in my entire life.
6. I had to risk my life in the peak pandemic time, visiting Police Stations, Cyber Thanas and IndusInd Bank branches due to inaction and non-cooperation of IndusInd Bank.
7. Mental harassment and stress and anxiety causes by this event for which IndusInd Bank is entirely responsible.
8. The Mental stress has stalled lot of my publication research work which has also amount to both financial and non-financial losses.
9. Legal and consultancy charges that was paid to lawyers.
10. Mental agony and unnecessary harassment caused dur to the above illegal and deliberate acts of the IndusInd Bank and Google India Private Limited.
11. Financial Theft and Committing Fraud and trying to indulge the burden of liability upon a bonafide customer.
12. Adequate compensation of the amount of 90 (ninety) lakhs be rewarded to me for the irrevocable damages caused to an innocent customer.”

Submission of  Sri Majumder is that the value of the instant complaint is Rs.90,00,000/-, therefore, he preferred to file the instant complaint before this Court as the jurisdiction with the learned District Consumer Commission is upto Rs.50,00,000/- (Fifty Lakhs) only.

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It is submitted by Sri Majumder that on 14-03-2021 he became the victim of Cyber theft of two transactions to the tune of Rs.25,700/- and Rs.26,000/- which were debited from his IndusInd Bank Credit Card which was linked to the Google play store account.

It is submitted by Sri Majumder that both the aforesaid transactions were done without his consent or without his permission. It is, therefore, submitted that the act of the opposite parties namely the Bank and the Google platform are wholly illegal and highly unethical.

It is further submitted by Sri Majumder that on account of the aforesaid Cyber theft not only he has suffered financial loss but his son Sri Shashwat Majumder has also suffered huge financial loss because he was carrying on a business in the name and style of Craft Junction LLP.

When this Court has put a question to Sri Majumder about the turnover of the aforesaid M/s Craft Junction LLP, he has informed that the income for the starting years 2019-20 and 2020-21 of Sri Shashwat Majumder was below the taxable limit.

In view of the aforesaid, we find that though the matter requires consideration by the Consumer Court but, in our opinion, it is a matter which has to be decided by the learned District Consumer Commission as the amount involved in dispute is much below the financial pecuniary jurisdiction of this Court, hence the instant complaint is disposed of by directing the office to return the original paper book of the instant complaint to the complainant by keeping one set of paper book as record of the case within a period of 24 hours.

Accordingly the complaint is disposed of.

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.    

       ( Justice Ashok Kumar )                            ( Vikas Saxena )                       

         President                                               Member                                                                                      

          Pnt

          Court-1