DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __137_ _ OF ___2017

DATE OF FILING : 16.11.2017      DATE OF PASSING JUDGEMENT:5.2.2019

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT   :    Sibu Mondal, son of Tarapada Mondal , Vill Behari, P.O Dhamua, P.S Magrahat, Dist. South 24-Parganas, Pin-743610

•  VERSUS  -

O.P/O.Ps                    : Manager, Bandhan Bank, Dhamua Branch, P.O Dhamua, Dist. South 24-Parganas, Pin-743610.

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                                                J  U  D  G  M  E  N  T

                    As a corollary of unauthorised withdrawal of money from his account, the complainant has filed the instant case  under section 12, C.P Act, 1986, alleging deficiency in service on the part of the said O.P Bank. 

                   The facts leading to the filing of the instant case may be epitomized as follows.

                  The complainant maintains a Savings Bank account bearing no. 50160016491587 with the O.P Bank. He got an ATM Card , the secret number of which was yet to be scratched. But, on 28.9.2017 , Rs.13000/- was siphoned away from his account and, therefore, the complainant has approached this Forum ,praying for refund of the said amount and also for compensation etc.

                 The O.P Bank has filed written statement ,wherein it is contended inter alia that the complainant deviated and violated the terms and conditions regarding using of ATM Card. He received a phone call on 28.9.2017 . OTP was sent by the O.P Bank to him on his registered mobile. The said OTP was sent to an unknown caller by the complainant , as a result of which money stood automatically siphoned away from his account. There is no negligence on the part of the O.P Bank and, therefore, the case should be dismissed in limini.

                    Upon the averments of the parties, the following points are formulated for consideration.

POINT FOR DETERMINATION

1. Is the O.P bank guilty of  deficiency in service as alleged by the complainant ?
2. Is the complainant  entitled to get relief or reliefs as prayed for ?

EVIDENCE OF THE PARTIES

         Evidence on affidavit is filed by the complainant. Similarly evidence on affidavit is also filed by the O.P and the same are kept in the record after consideration.

DECISION WITH REASONS

Point no.1 & 2  :

            Already heard the submissions of Ld. Lawyers appearing for the parties. Perused the petition of complaint, written version of O.P and also the other materials on record. Considered all these.

            We know very well that the on-line hackers are on the prowl. To get the account of a person secured, the banks  generally have issued some precautions for the customers who happen to use the ATM for withdrawal of money from the ATM counter. If those guidelines are not strictly followed by the customers, money can be easily and automatically siphoned away from his account by the hackers and for this the bank cannot be held responsible. We also use  ATM Card for purchasing goods at the point of sale (POS). When the ATM card is swiped at POS, a “One Time Password”(OTP) is sent to the registered mobile of the customer by his banker and if the OTP is again sent by the customer, the transaction becomes concluded and money gets automatically withdrawn from the account of the customers. The bank with which the account is maintained cannot prevent withdrawal of such money from the account of the customers in such cases.  

           Coming to the facts of the instance case, it is found that the complainant received one phone call from an unknown person on his mobile and it is so stated in the application lodged by the complainant before the Manager of the O.P Bank on 18.10.2017. Immediately after receipt of the said call the O.P Bank issued a “Öne Time Password” (OTP) to the complainant stating as such , “Dear Customer, OTP for your net banking transaction is 631641. Please use this password to complete your transaction. Did not disclose this OTP to any one – Bandhan”. Such type of massage has been sent again and again to the complainant by the O.P Bank and still money has been siphoned away from the account of the complainant. The natural presumption is that the complainant did not follow the massage sent by the O.P Bank ; he must have shared the requisite information with the unknown caller and, therefore, the money was unauthorisedly withdrawn from his account. Money was withdrawn from the account of the complainant due to negligence of the complainant himself and it is found that the bank cannot be given any blame for such withdrawal of money from the account of the complainant.

              In the result, the case fails.

               Hence,

ORDERED

             That the complaint case be and the same is dismissed on contest  against the O.P without any cost.

         Let a free copy of this order be given to the parties concerned at once.   

                                                                                                                                                President

I / We agree

                          Member                                          Member

            Dictated and corrected by me

                                                  President