Tamil Nadu

South Chennai

CC/289/2018

Mr. M Diwakar - Complainant(s)

Versus

M/s IDBI Bank Ltd., - Opp.Party(s)

M/s M Selvaraj

01 Nov 2019

ORDER

                                                                                 Date of filing  : 28.06.2018

                                                                                   Date of Order : 01.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.289/2018

DATED THIS FRIDAY THE 01^ST DAY OF NOVEMBER 2019

                                 

M. Divakar,

S/o. Mr. Madhanagopal,

No.4, Dharmaraja Koil Street,

Saidapet,

Chennai – 600 015.                                                        .. Complainant.  

 

                                                    ..Versus..

 

1. The Managing Director,

IDBI Bank Ltd.,

IDBI Tower, WTC Complex,

Cuffe Parade,

Coloba,

Mumbai – 400 005,

Maharastra.

 

2. The Senior Manager,

IDBI Bank Ltd.,

Ashok Nagar Branch,

Chennai – 600 083.                                             ..  Opposite parties.

 

Counsel for the complainant :  M/s. M. Selvaraj

Opposite parties 1 & 2           :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.28,599/- being the amount unauthorisedly and illegally debited from the complainant’s account and to pay a sum of Rs.50,000/- towards compensation for mental agony with cost of Rs.20,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is an account holder of the 2^nd opposite party, M/s. IDBI Bank from 2006 vide Account No.129104000011486.  His salary was credited in the account itself.  On 02.04.2017, a staff of the 2^nd opposite party bank telephoned to the mobile number of the complainant viz.9940510578 and asked some details of the Aadhar Card.  On the very next day, while verifying the salary account with the 2^nd opposite party bank four unauthorized debited transactions were happened and on 03.04.2017 and one illegal debit transaction was found in the account of the complainant.  Thereby, a total amount of Rs.28,599/- was unauthorizedly debited from the account of the complainant.  Immediately, the complainant lodged a complaint to the 2^nd opposite party dated:03.04.2017 along with the transaction details of the bank.   The complainant submits that even after repeated requests and demands through SMS, in person and through the mobile phone.   The opposite party failed and neglected to re-credit the amount.  Hence, the complainant issued legal notice dated:05.03.2018 to the 2^nd opposite party and legal notice to the 1^st opposite party dated:14.05.2018 for which, the opposite parties has not sent any reply.  The act of the opposite parties caused great mental agony and inconvenience to the complainants.  Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite parties 1 & 2 has not appeared before this Forum and hence, the opposite parties 1 & 2 were set ex-parte.

3.     Though the opposite parties remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A4 are marked.  

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.28,599/- unauthorisedly and illegally debited from the account of the complainant as prayed for?

2. Whether the complainant is entitled to a sum of Rs.50,000/- towards compensation for mental agony with cost of Rs.20,000/- as prayed for?

6.      On point:-

The opposite parties 1 & 2 after due service of notice not appeared in this Forum either in person or through Counsel and remained ex-parte.   The complainant filed proof affidavit, documents and written arguments.  Heard the complainant’s Counsel also.   Perused the records namely the complaint, proof affidavit and documents of the complainant.  The complainant pleaded and contended that he is an account holder of the 2^nd opposite party, M/s. IDBI Bank vide Account No.129104000011486.  His salary was credited in the account itself.  On 02.04.2017, a staff of the 2^nd opposite party bank telephoned the mobile number of the complainant viz.9940510578 and asked some details of the Aadhar Card.  On the very next day, while verifying the salary account with the 2^nd opposite party bank four unauthorized debit transactions were happened and on 03.04.2017 and one illegal debit transaction was found in the account of the complainant.   Thereby, a total amount of Rs.28,599/- was unauthorizedly debited from the account of the complainant.  Immediately, the complainant lodged a complaint to the 2^nd opposite party dated:03.04.2017 along with the transaction details of the bank as per Ex.A1 (S).   Further the contention of the complainant is that even after repeated requests and demands through SMS, in person and through the mobile phone.   The opposite party failed and neglected to re-credit the amount.  Hence, the complainant issued legal notice dated:05.03.2018 as per Ex.A2 to the 2^nd opposite party and thereafter, advocate notice to the 1^st opposite party on 14.05.2018 as per Ex.A4 for which, the opposite parties has not sent any reply. 

7.     As per the Circular dated:06.07.2017 of Reserve Bank of India regarding Consumer Protection – Limited Liability of Customers in Unauthorised Electronic Banking Transactions it reads as follows:

 

Limited Liability of a Customer

“(a) Zero Liability of a Customer

6.  A customer’s entitlement to zero liability shall arise where the unauthorised transaction occurs in the following events:

(i) Contributory fraud/ negligence / deficiency on the part of the bank (irrespective of whether or not the transaction is reported by the customer).

(ii) Third party breach where the deficiency lies neither with the bank nor with the customer but lies elsewhere in the system, and the customer notifies the bank within three working days of receiving the communication from the bank regarding the unauthorised transaction”.

proves the deficiency in service and unfair trade practice of the opposite parties.   The complainant is claiming a sum of Rs.28,599/- illegally debited from the account of the complainant with interest and compensation.   The opposite party remained ex-parte and has not raised any objection from the very inception itself.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 & 2 shall jointly and severally liable to refund a sum of Rs.28,599/- being amount unauthorisedly debited from the complainant’s account along with interest at the rate of 9% p.a. from the date of filing of this complaint to till the date of this order and  a compensation of Rs.10,000/- for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to refund a sum of Rs.28,599/- (Rupees Twenty eight thousand five hundred and ninety nine only) being the amount unauthorisedly debited from the complainant’s account along with interest at the rate of 9% p.a. from the date of filing of this complaint (i.e.) 10.07.2018 to till the date of this order (i.e.) 01.11.2019 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 01^st day of November 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	03.04.2017	Copy of written complaint lodged with 2nd opposite party
Ex.A2	05.03.2018	Copy of legal notice sent to the 2nd opposite party with acknowledgment
Ex.A3	02.05.2018	Copy of account statement issued by the 2nd opposite party for the period from 01.01.2017 to 31.12.2017
Ex.A4	15.04.2018	Copy of legal notice sent to the 1st opposite party with service details

 

 

MEMBER                                                                                PRESIDENT