Delhi

West Delhi

CC/14/285

Harshadeep Singh - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

12 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

 

CASE NO. 285/2014

SH. HARSHADEEP SINGH

ADD- 14/51, WEST PUNJABI BAGH,

NEW DELHI—110026.

MOB. NO. 9990774577, 9811588926                    …..Complainant

VERSUS

PUNJAB NATIONAL BANK

ADD- 38 CENTRAL MARKET,

PUNJABI BAGH, NEW DELHI-110026.

PH. 011-25220631, 25227736…..Opposite Party-1

 

O R D E R

PUNEET LAMBA, MEMBER

          The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986. Brief facts as alleged by the complainant in the present complaint are that complainant is having a saving account with OP since 1984. On 15.05.2013 he received a message from OP that three transactions for amount of Rs. 52393.96, Rs. 5241.14 and Rs. 1359.20 have been debited from the account of complainant. It is alleged that the complainant is having the Debit Card and never disclosed the PIN No. not even to the family members. The complainant immediately contacted customer service helpline number of OP and got debit card blocked and also lodged police complaint with cyber crime cell. He also took the issue with the transactions banking division ATM cell, it was informed by the OP that transactions were done at Moscow Russia with 3 merchants namely MEGAFON for Rs. 52393.96, MTS for Rs. 5241.14 and PEREKRESTO for Rs. 1359.20. After investigation the OP refunded the two transactions of Rs. 5241.14 and Rs. 1359.20 after three months and the third one transaction of Rs. 52393.96 was not refunded. Complainant approached OP who informed that the third transaction was successful hence they are not liable to refund the same. The complainant alleged that as the PIN No. is only known to the complainant and due to negligence on the part of the OP on security got of transacti9ons amount was illegally debited and fraud was played with the complainant. Hence, the present complaint with transaction to OP to refund the amount of Rs. 52393.96 with interest @ 18% and compensation towards mental, agony and physical harassment and litigation expenses.

          After notice, OP appeared and filed reply that the complaint is not maintainable and the complainant is taking benefit of his own wrong negligence. The matter is already referred to the Ombudsman who reiterated the complaint of the complainant also the matter is reiterated with cyber crime cell and is under investigation. Therefore, this forum has no jurisdiction to try this matter. On merits, it is admitted that the two transactions for a sum of Rs. 5241.14 and Rs. 1359.20 were refunded and the third one transaction for a sum of Rs. 52393.96 was not refunded as the transaction was successful in terms of record and there is no cause of action against OP. It is averred that the complainant card was used swept in a foreign country.  It is also averred that the OP has taken the matter with Syber Bank of Russia which clarified that the transaction for a sum of Rs. 52393.96 is successful and there is no negligence on the part of OP and prayed for the dismissal of complaint.

The complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint and also relied upon Ex. CW-1/1 —      Ex.   CW-1/4.  On the other hand Sh. K.V. Singh, Chief Manager has filed affidavit in evidence testifying all the facts as alleged in the written statements and relied upon Ex. CW 1/A — Ex. CW1/D. Parties have also filed their written submissions.

          We have heard Ld. Counsel for the parties and we have gone through the documents on record carefully and thoroughly.

          From the perusal of account statement filed by complainant, it reveals that the three transactions on 15.05.2019 for a sum of Rs. 52393.96, Rs. 5241.14 and Rs. 1359.20 were debited from account of complainant. The two small transactions for a sum of Rs. 5241.14 and Rs. 1359.20 were refunded by OP after three months, on the ground that the same were unsuccessful and accordingly the amount was refunded but after delay of one month flouting the guidelines laid by RBI. The third transaction of Rs. 52393.96 was rejected though it was also made on same date and same country i.e. Russia. Further, it is clear from the Ex. CW1/B which reveals that the card holder’s signatures were not matched and approval is granted which apparently reveals the lapses in security system followed by OP. The OP was negligent in approving the validity of complainant’s card used by unauthorized person when the signature of complaint was not reflected. Further, the e-mail dated 11.09.2013 shows that the OP has admitted that it is a case of cloning and fraudulent transaction then the contention of OP that the transaction has taken place due to negligent act of complainant does not hold water. Rather, it reflects the negligence of OP which failed to follow the security procedure laid down for banking transactions. Moreover, the complainant on oath specifically deposed that he has never shared his pin code with anybody. The OP is liable to send authorization code for the transaction after verification and there is no iota of evidence to support whether OP followed proper security system. Hence, OP is deficient in services and is liable to refund the amount in dispute. Due to deficient in service complainant had to suffer not only financially but also mentally and physically. 

          Keeping in view above discussion and observations, we direct OP to pay a sum of Rs. 52393.96/- with interest @ 6% p.a. from the date of filing the complaint till actual realization and further we award a sum of Rs. 10,000/- towards mental agony and physical harassment and litigation expenses within 45 days from the receipt of the order. In case of default of payment in time OP-2 shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization.

File be consigned to Record Room.

          Copy of Order be given as per rules.

          Announced this __12TH_________April, 2019.

 

(PUNEET LAMBA)                                                                               (K.S. MOHI)

     MEMBER                                                                                       PRESIDENT