J U D G E M E N T
Filtering out the unnecessary details in the complaint, the complainant’s case may be summarized thus :-
In succinct, the case stated in the complaint, is that, the Complainant is a savings account holder vide Account No. 10410100000194 under the Opposite Party Bank with the ATM facilities being ATM Card No. 4029850203201233. All of a sudden on 26.07.2014 the Complainant was informed through his mobile message/SMS that a total sum of Rs. 18,617.98/- only was withdrawn from the account of the Complainant by using a fake ATM Card No. 4029850203251230 for seven times consecutively within 11.31 to 11.57 from an anonymous mobile number 918294425236.
Thereafter the Complainant has informed the matter to the Opposite Party Bank and on advise of the Manager of the Opposite Party Bank has also lodged a FIR before the Chandannagore PS on 01.08.2014. The Complainant also lodged a complaint before the General Manager of the Opposite Party Bank, BOB but the Opposite Party Bank did not take any action, what amounts to deficiency and/or negligence in rendering service towards him, for which he has to suffer harassment and mental agony and prayed for compensation. Hence, this case is filed seeking adequate redressal.
Opposing the complaint, the Opposite Party by filing Written Version has denied all the contentions and all material allegations made by the Complainant in the petition of complaint and stating inter alia, that the Complainant has no locus standai, and the case is not maintainable either in law or in fact.
The specific case, as stated by the Opposite Party, in terse, is that the Complainant is a valued customer of the Opposite Party Bank and soon after getting the information from the Complainant then and there the senior Manager of the Bank took up the matter to his higher authority and the Debit Card Department and has reported the irregularities and followed up the matter through sending the mails. The Complainant also lodged the written complaint before the Chandannagore PS and a specific Police Case has already been started U/S 420 IPC and Sec 66 (C)/ 66 (D) I.T. Act by a Case No. 133/2014 dated 01.08.2014 and on receiving the said copy of the FIR the Opposite Party Bank sent the same to the appropriate authority for taking necessary action and had provided all necessary transaction details to the local Police authority on 13.08.2014 and 20.08.2014.
So when the matter is under investigation of Police authority and this Opposite Party Bank has provided all necessary documents and statements to the Police Investigating Officials this Opposite Party Bank has no authority to entertain/dispose of the matter without the Police Report for which the Opposite Party denied any deficiency and negligence against the Complainant and prayed for dismissal of the case against them.
Point for Consideration
1. Is the complaint maintainable under the C. P. Act ?
2. Was there any negligence and/or deficiency in service
on the part of the O.P ?
3. Is the complainant entitled to get the relief as prayed for ?
Decision with Reasons
All the points are taken up together for consideration for the sake of convenience and brevity.
We have carefully considered and scrutinized the submission made before us by the Ld. Advocate of the Complainant and also the Ld. Advocate for the Opposite Party and also critically perused all the material documents on record.
The dispute between the both Complainant and the Opposite Party is that whether the Complainant is entitled to get the refund of the said amount of Rs. 18,617.98/- only which was actually withdrawn from the account of the Complainant as reliefs prayed for or not.
On overall evaluation of the argument made before us by the Ld. Advocate of the Complainant and also the Ld. Advocate for the Opposite Party and the material evidences on record, it is evident that admittedly the Complainant is an account holder bearing the Saving Bank Account No. 10410100000194 under the Opposite Party Bank with the ATM facilities being ATM Card No. 4029850203201233.
The record manifestly reveals from the photocopies of the documents filed by the Complainant that astonishingly a total sum of Rs. 18,617.98/- only was withdrawn from the Bank account of the Complainant on 26.07.2014 by a fake ATM Card No. 4029850203251230 by seven times withdrawal within the time period of 11.31 to 11.57 by different transaction numbers which is clearly evident from that particular document.
Manifestly, it is found from the photocopies of the documents filed by the Complainant that the Complainant has lodged complaint before the Local Chandannagore Police Station (FIR) dated 01.08.2014 and also before the Bank authority along with some relevant papers.
It is clearly evident that by filing the Written Version, in the Page 2 of the paragraph no. 11 the opposite Party did not deny the relevant fact stated by the Complainant and only stated that when a specific Police Case has already been started U/S 420 IPC and Sec 66 (C)/ 66 (D) I.T. Act by a Case No. 133/2014 dated 01.08.2014 and when on receiving the said copy of the FIR the Opposite Party Bank sent the same to the appropriate authority for taking necessary action and had provided all necessary transaction details to the local Police authority on 13.08.2014 and 20.08.2014 this Opposite Party Bank has no authority to entertain/dispose of the said matter without the Police Report.
So the fact remains that originally the ATM Card No. of the Complainant is 4029850203201233 which is never denied by the Opposite Party Bank and the said ATM Card using by which the total sum of Rs. 18,617.98/- only was withdrawn from the Bank account of the Complainant on 26.07.2014 is 4029850203251230 which is not the ATM card hold by the Complainant.
Now in this fact and circumstances the question arises that how from a different ATM Card any amount was/is/will be withdrawn from any account of any account holder/customer of any Bank and if it is so, there of course a deficient and/or negligent manner of service providing by the Bank authority towards its customers/account holders where the common people thinks that their hard earn money is safe in the custody of the Bank and the Bank authority hold their money in their custody with immense care and caution and breach of which the Bank authority is held to be liable for deficient and/or negligent act.
Thus, the unanimous decision of the Forum is that the Complainant is entitled to get the refund of the said amount of Rs. 18,617.98/- only from the Opposite Party Bank in the account of the Complainant with savings interest in favour of the Complainant.
Therefore, in light of the above analysis, we are of the opinion that the Complainant has proved their case and are entitled to get the relief as prayed for and consequently the points for consideration are decided in affirmative.
In short, the Complainant deserves success.
In the result, we proceed to pass
O R D E R
That the case be and the same is allowed on contest against the Opposite Party with cost of Rs. 5,000/- only which is payable by the Opposite Party within one month from date of this ‘Order’.
That the Opposite Party is directed to refund and/or credit the amount of Rs. 18,617.98/- only in the said account of the Complainant from which the said withdrawal has been done along with 5 % interest p.a. from the date of withdrawal i.e. 26.07.2014 till its realization in favour of the Complainant within one month from the date of this ‘Order’.
That the Opposite Party is directed to pay a sum of Rs. 3,000/- only to the Complainant as compensation for harassment and mental agony within one month from the date of this ‘Order’.
In the event of non compliance of any portion of the order by any Opposite Parties within a period of one month from the date of this ‘Order’, that Opposite Party shall have to pay a sum of Rs. 200/- per day, from the date of this ‘Order’ till full satisfaction of the decree and the same shall have to be deposited by the Opposite Party to the Consumer Legal Aid Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Written & Typed by me. Chandrima Chakraborty.
