IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 22nd day of February, 2023
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 35/2022 (filed on 19-02-2022)
Petitioner : Mrs. Mercy Jose,
W/o. Jose,
Nirappel House,
Villa No.4, Life Space,
KCC Homes, Peroor P.O.
Kottayam - 686637
(Adv. Jose Augustine Abraham)
Vs.
Opposite Parties : (1) The Managing Director,
Kotak Mahindra Bank Ltd.
Registered Office: 27 Bkc,
C 27, G Block, Bandra Kurla
Complex, Bandra (E), Mumbai,
Maharashtra, Pin – 400051
(2) The Branch Manager,
Kotak Mahindra Bank Limited,
Teressa Plaza, Railway Station Road,
Kottayam – 686 001.
(For Op1 and 2, Adv. Anwar C.K.)
O R D E R
Smt. Bindhu R. Member
The complainant transferred an amount of Rs.17,000/- on 16.7.21 to the credit card account of the opposite party bank vide account no.414767160581 in the name of her husband Jose Augustine. But the amount got transferred to another account of Jose Augustine CSG152669065 maintained with Pune branch of the opposite party which was closed in 2019.The complainant intimated about the mistake immediately through phone and email. The opposite parties’ staff informed her that the complaint was being processed and the amount would be returned without any delay. But even after repeated demands, the opposite parties had not returned the amount which is a deficiency of service on the part of the opposite party which is to be compensated, hence this case.
Upon notice the opposite parties appeared and filed version.
The opposite parties in their joint version contended that the money was deposited by the complainant to another account by her own mistake. The opposite parties received the complaint on 5/8/21 and after the normal TAT period of 5 working days, the amount has been refunded on 10th August 2021 in compliance with the service request TAT. Hence there is no cause of action for the complaint and the complaint is liable to be dismissed.
The complainant filed proof affidavit along with Exhibits A1 to A6 and the opposite parties adduced evidence through affidavit and exhibits B1 and B2 have been marked.
Upon perusal of the pleadings and evidence, we would like to frame the following points:
- Whether there is any deficiency of service on the part of the opposite party?
- If so whether the complainant is entitled to get any compensation and cost?
Both the parties rendered their arguments. The complainant’s case is that the opposite party has committed deficiency in their service by not reversing the money transferred by mistake by the complainant. The complainant has produced the email communications in which the opposite party confirmed the refund of the amount on 10.8.21. But the Exhibit A6, produced by the complainant is her bank statement of one month from 01-08-2021 to 31-08-2021 in which no such credit is recorded.
The opposite party admitting the transactions has produced only two email communications. In Ext.B2, it is stated that refund done. But no statement of accounts of the account to which they said they had returned the amount is produced. In the arguments the opposite party affirm that they had returned the money on 11.8.21 but there is no cogent evidence before us to prove this contention. Moreover there is no corresponding entry shown in Ext.A6.
The complainant has produced the circular of Reserve Bank of India dated 14.10.2010 as no RBI.2010-11/235
DPS(CO)EPPD No/863/4.3.01/2010-11 in which the guidelines for the electronic payment methods based solely on account numbers have been stipulated thus : “viii) In cases where it is found that credit has been afforded to a wrong account, banks need to establish a robust, transparent and quick grievance redressal mechanism to reverse such credits and set right the mistake and or return the transaction to the originating bank.”
So the opposite party is bound to return the money even if the complainant had wrongfully transferred to the closed account of her husband. Hence the point no 1 is found in favour of the complainant and we find that the opposite party is liable to refund the money to the complainant.
As per the above referred RBI regulation 1, responsibility to provide correct inputs in the payment instructions, particularly the beneficiary account number information rests with the remitter/originator. While the beneficiary’s name shall be compulsorily mentioned in the instruction request, and carried as part of the funds transfer message, reliance will be only on the account number for the purpose of affording credit. This is applicable both for transaction requests emanating at branches and those originated through the online / internet delivery channel. The name filed in the message formats will, however, be a parameter to be used by the destination bank based on risk perception and / or use for post-credit checking or otherwise.”
So here the complainant has mistakenly written the account number of her husband to which the amount ought to have been remitted. So the complainant has not vigilantly applied mind in writing the correct account number and thus she has no right to be compensated.
In the light of above discussion we allow the complaint and the opposite party is directed to return the amount of Rs.17,000/- to the complainant.
The Order shall be complied within 30 days of receipt of the copy of the order. If not complied as directed, the amount will carry 9% interest from the date of Order till realization.
Pronounced in the Open Commission on this the 22nd day of February, 2023
Smt. Bindhu R. Member Sd/-
Sri. Manulal V.S. President Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1- Copy of e-mail communication dtd.28-07-21 and 04-08-21 between Jose
Augustine and opposite party
A2 - Copy of e-mail communication dtd.04-08-21 between Jose Augustine and
opposite party
A3- Copy of E-mail communication dtd.05-08-21 by opposite party to Jose
Augustine
A4 - Copy of e-mail communication dtd.11-08-2021 by opposite party to Jose
Augustine
A5 – Copy of e-mail communication dtd.19-08-21 by Jose Augustine to opposite party
A6 – Copy of bank account statement as of 20-06-2022 from Canara Bank
Exhibits marked from the side of opposite party
B1 - Copy of E-mail communication dtd.05-08-21 by opposite party to Jose
Augustine
B2 - Copy of e-mail communication dtd.11-08-2021 by opposite party to Jose
Augustine
By Order
Sd/-
Assistant Registrar
