Haryana

Ambala

CC/124/2020

Parmod Singh - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

Parmood Singh

13 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	124 of 2020
Date of Institution	:	18.06.2020
Date of decision	:	13.12.2023

 

Parmod Singh S/O Ram Surat Singh, Resident of House No-1481 Near Shish Ganj Gurudwara, Kaith Majri, Ambala City (On Rent).

……. Complainant

                                                Versus

1. PUNJAB NATIONAL BANK, Court Road, Ambala City, (Through its Branch Manager)
2. ZONAL Manager, PNB House, SCO-42, Bank Square Sector-17B, Chandigarh-160017. (Through its Zonal Manager)

….….  Opposite Parties

Before:        Smt. Neena Sandhu, President.

                     Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:-     Shri Sanjeev Vashisht, Advocate, counsel for the complainant.                                                                                                                          Shri R.L.Mundan, Advocate, counsel for the OPs.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the amount Rs.2,00,000/- deducted from the account of the complainant.
2. To pay Rs.20,000/- for mental torture and harassment.
3. To pay Rs.5,000/- as cost of litigation.
382.  

Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant is running Saving Bank account bearing No-2402000100280500 with OP No.1.  On 03 Jan 2020 the Google pay of the complainant was not in order. As such, he surfed NET and called costumer care of OP No.1 on his mobile number 6289978543 through mobile number 9915583249. The Official of Customer Care asked the complainant to provide his ATM Number of both sides, which he refused to give. The complainant told that he is sending an OTP. Thereafter, the complainant had given a message to the PNB Customer Care at 9.30 through his Mobile phone to block his account number 2404000100280500, but OP No.1 failed to do so.  On 04 Jan 2020, the complainant noticed that Rs.80,000/-, Rs 60,000/-, Rs.40,000/- and Rs. 20,000/- (Total 2, Lacs) has been withdrawn from his Account No.2404000100280500 on the same day. Thereafter, he went to Police Post No -04 Police Station Ambala City and lodged an FIR bearing No.006 dated 04 JAN 2020 AT 21: 15 hrs. Due to negligence of OP No.1 and non taking of timely action in blocking his account/ATM, the complainant suffered loss of Rs.2 lacs.  He requested the OPs to compensate for the loss suffered but to no avail.  Hence, the present complaint.
3.           Upon notice, the OPs appeared and filed written version wherein they raised preliminary objections to the effect that the complaint is not maintainable; the complainant has no cause of action to file this complaint; the complaint requires thorough investigation by Information Technology Department at the national level and by other investigating agencies, as the transaction has been successfully operated through internet banking, for which the physical presence of Account Holder is not necessary, if the details revealing the correct User ID, Login Password and Transaction Password are known to the person operating the transaction and he discloses his OTP number to the fraudster in that eventuality, the person operating can make transaction successfully; the transactions effected in this account are not cash withdrawals; the complainant has suppressed the true and material facts from this Commission etc.  On merits, it has been stated that the complainant neither called upon on the authorized mobile/telephone numbers appearing on the website of the Bank nor gave any message on 03.01.2020 and  04.01.2020 or thereafter till the filing of the present complaint for blocking the account No.2404000100280500 maintained with OP No.1.  The complainant initially opened saving bank account No.2404000100280500 in the branch office Punjab National Bank, Sarabha, Ludhiana and later this account was transferred to another branches of the bank from time to time and it was transferred to Punjab National Bank, Court Road Branch, Ambala City on 29.04.2019. The complainant is using debit cards bearing No.6070936049490276 & 5085461000729021/ATM facility and is having internet banking facility generated by himself online and while opting for internet banking channel agreed to adhere all the terms and conditions applicable to internet banking and accepted the terms displayed on the website of the Bank to be correct and further agreed to comply with all the directions issued in this regard under the policy and practice of the bank from time to time. The complainant himself has breached the terms and conditions by disclosing his login password, OTP and other personal credential, which are only known to him and he further failed to adhere the directions, instructions and circulars of the bank, displayed on its website. The complainant is also registered for the bank's, Net-secure with SMS and on the customer's registered mobile number alerts are to be sent including the onetime password which is required for conducting any transaction including beneficiary registration. The complainant had received phishing message/mail/call on 03.01.2020 & 04.01.2020 and he responded to the said message/mail/call on 03.01.2020 & 04.01.2020 and provided his personal credentials, OTP, totally disregarding Bank's instructions not to share personal information including password as a response to any message/mail/call. Thus the complainant himself has been negligent in disclosing his personal information and is not entitled to any relief. The  complainant has lodged an FIR bearing No.006 dated 04.01.2020 with the Police Authority, by adopting the regular, legal mode/remedy, available under the statutory law; which matter is subjudice and is under investigation.  It is emphatically denied that customer care of OP No.1 is maintaining telephone No.62899-78543 because this telephone number was never used or maintained either by customer care, circle office, head office and branch office of the Bank, nor this telephone number belongs to or displayed either on customer care, circle office, head office and branch office and website of the Bank. No such call as alleged through mobile No.99155-83249 was ever received on the authorized telephone numbers of the Bank on 03.01.2020 & 04.01.2020; hence the question of asking the complainant his ATM number and particulars thereto does not arise. The bank provides all security measure to the account of its customer to secure their accounts; but if any customer himself is negligent by disclosing his personal credentials and OTP number for the transaction, to the fraudster, he himself has to bear the loss. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with special costs.
4.           It is pertinent to mention here that the complainant failed to lead any evidence despite availing various opportunities, therefore, evidence of the complainant have been closed by the order of this Commission on 07.11.2023. On the other hand, learned counsel for OPs tendered affidavit of Kamal Chand Goyal, Chief Manager of the OPs-Punjab National Bank, Manav Chowk Branch, Ambala City as Annexure RW1/A alongwith documents Annexure OP-1 to OP-4 and closed the evidence on behalf of OPs.
5.           We have heard the learned counsel for complainant and learned counsel for OPs and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by not reimbursing/refunding the amount of Rs.2 lacs illegal deducted from his account, on account of negligence on the part of the OPs, the OPs have indulged into unfair trade practice and are also deficient in providing service.
7.           Learned counsel for OPs while reiterating the objections raised in the  written version submitted that since the complainant himself has shared his credential like OTP etc. to some unknown person/fraudster qua his account on some unauthorized mobile number, which resulted into withdrawal of the said amount from his account, and at the same time, failed to inform this fact to the OPs, in a time bound manner, therefore the OPs cannot be said to be guilty of any unfair trade practice or deficient in providing service.
8.           It may be stated here that from the perusal of contents of the consumer complaint itself, it is coming out that the complainant has very fairly admitted that on 03.01.2020, because his google pay was not working thereafter he surfed on internet and got one mobile number 9915583249. It has been further mentioned in the complaint by the complainant that though the person sitting on  mobile number 9915583249 asked ATM number of the complainant which was not supplied but at the same time, the complainant told him that he is sending an OTP. This admission of the complainant itself is sufficient to prove that he has shared the credentials of his ATM i.e. OTP to some unknown person on  mobile number 9915583249, whereafter only, the amount totaling to Rs.2 lacs was debited from his account, as  mentioned above. Thus, under these circumstances, the complainant is not entitled to any relief for the following reasons:-
   1. Firstly, he has shared the credentials of his ATM/account i.e. OTP to some unknown person on  mobile number 9915583249;
   2. Secondly, he has failed to place on record any document to prove that he lodged any complaint within a period of three days or even thereafter to the OPs  qua withdrawal of said amount from his account through ATM on 03.01.2020 & 04.01.2020 except the FIR dated 04.01.2020 which was lodged with Police Station, Ambala, only;
   3. Thirdly, he has failed to prove that he ever requested the OPs to block his account maintained with OP No.1 or the ATM issued by OP No.1 on 03.01.2020 or even thereafter; and
   4. Fourthly, he has failed to prove that the mobile number 9915583249 pertains to the customer care of the OPs.

 

9.           In this view of the matter, we are of the view that OPs/Bank cannot be held responsible for the negligence of the complainant. Resultantly, this complaint stands dismissed with no order as cost. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced:- 13.12.2023

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President