BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint Case No.305 of 2018.
Date of institution: 16.11.2018.
Date of decision:11.02.2020.
Subhash Chander aged 59 years son of Sh. Bhagwan Dass, resident of Mohalla Kharak Wala, Kalayat City, Tehsil Kalayat, District Kaithal through its LRs.
- Rani (wife),
- Mukesh Kumar (son),
- Mitali (daughter),
..All are the LR’s of deceased complainant,
Residents of Kharaka Wala Mohalla, Tehsil Kalayat, District Kaithal.
…Complainants.
Versus
- Punjab National Bank, Kalayat, Branch through its Manager.
- Punjab National Bank, Kalayat, Circle Officer, Karnal, through its Manager.
- Punjab National Bank, Delhi Head Office, Plot No.4, Duwarka, Sector-10, Delhi PIN-10075 through its Director/Secretary.
….Respondents.
Before: Sh. D.N.Arora, President.
Sh. Rajbir Singh, Member.
Smt. Suman Rana, Member.
Present: Sh. S.B.Panchal, Advocate, for the complainant.
Sh. Karan Kalra, Advocate for the OPs.
ORDER
D.N.ARORA, PRESIDENT
The complainant namely Subhash Chander (since deceased) has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant has a saving account No.3360000402512727 in P.N.B. Branch Kalayat and the complainant is also ATM Card facility. The complainant used the ATM card in S.B.I. Branch Kalayat to withdraw the amount of Rs.79,430.86 paise but he could not succeed and the ATM card PIN of the complainant had been blocked by the bank without the knowledge of complainant. On 07.09.2018, 08.09.2018 and 15.09.2018 the complainant visited to P.N.B. Bank Branch Kalayat to approach for working of his ATM card but no response was given. The complainant visited the PNB Branch Kalayat where the employee of bank replied to call on DC PIN-16, ATM No.5607040, SLP 72 Hours PNB ATM Generation and asked to call or message to Head Office. The complainant send message on 07.09.2018, 08.09.2018, 12.09.2018, 14.09.2018 and 15.09.2018 but the ATM problem of complainant could not solve. On 02.10.208, the complainant received a mobile call No.7380675084, the caller said that he is calling from the Head Office, Bombay and he told the complainant’s name and his ATM number and also asked about his complaint on 15.09.2018 and 28.09.2018. The complainant received a message vide which Rs.9999/- debited from the complainant’s account. The complainant talked him about this deduction, then he replied that after stoppage the ATM, it may be deducted due to server down problem and the deducted amount will be automatically returned in his account after 24 hours. Thereafter, Rs.39,987/- were debited from the complainant’s account. So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint. Hence, this complaint.
2. Upon notice, the OPs appeared before this Forum and contested the complaint by filing their reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that from the facts disclosed in the complaint, it is revealed that the complainant has acted in a gross negligent manner himself and has not followed the instructions issued by the RBI, Ministry of Finance as-well-as Ops and all other bank institutions to follow the instructions of not disclosing account numbers, pin number and other information which are secret and are supposed to be known to the complainant/consumer himself and not to any other person; that there is no deficiency in service on the part of Ops. On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.
3. The complainant tendered into evidence affidavit Ex.CW1/A and documents Annexure-C1 to Annexure-C14 and thereafter, closed the evidence.
4. On the other hand, the Ops tendered into evidence affidavit Ex.RW1/A and documents Annexure-R1 to Annexure-R4 and thereafter, closed the evidence.
5. We have heard the learned Counsel for both the parties and perused the record carefully.
6. Undisputedly, the complainant namely Subhash Chander (since deceased) has a saving account No.3360000402512727 in P.N.B. Branch Kalayat and the complainant is also ATM Card facility. The complainant visited the office of Op No.1 as his ATM card was blocked and he approached the Op No.1 to make it in working condition. The Op no.1 send the complainant to approach at Customer Care Centre to resolve his grievances. The main grievance of the complainant is that the amount of Rs.39,987/- was deducted from his account on 02.10.2018 in four times i.e.Rs.9999/-, Rs.9999/-, Rs.9999/- and Rs.9990/- due to negligence on the part of Ops.
On the other hand, ld. Counsel for the Op contended that the complainant has acted in a gross negligent manner himself and has not followed the instructions issued by the RBI, Ministry of Finance as-well-as Ops and all other bank institutions to follow the instructions of not disclosing account numbers, pin number and other information which are secret and are supposed to be known to the complainant/consumer himself and not to any other person. Ld. Counsel for the Ops has drawn our attention towards the terms and conditions as per Annexure-R1, which are mentioned as under:-
“Cardholder shall:
- Ensure safety of his debit card/pin.
- Change his/her PIN frequently through any of the networked ATMs of PNB or through Retail Internet Banking.
- Notify the bank immediately after knowing loss/theft of debit card/PIN.
- Bear the loss sustained (if any), up to the time of receipt of notification by bank at designated place about loss/theft of debit card.
- Maintain sufficient balance in his/her account to perform successful transactions.
Bank Shall:
- Not be held liable for any loss caused by technical breakdown of the system.
- Have no responsibility in respect of the goods/services provided by the merchant.
- Not be held responsible for any dispute the cardholder may have with any of merchant establishments. In case of any disputed transaction bank shall credit account of cardholder on receipt of refund from Merchant Establishment through banking channel.
- At its discretion can take appropriate steps to withdraw privileges attached to the card or terminate use of card for any valid reason, can alter terms & conditions governing use of PNB Debit Card.
Safety First
- On the back side of card, there is a three digit number known as CVD. After remembering this number please erase/blacken it to avoid its misuse.
- If you receive any telephonic call/email/SMS, do not share any of the following as Bank/RBI never asks for such details:
- Debit Card Number 2. PIN 3. OTP 4. CVD Number 5. Debit Card Expiry Date.
7. We have considered the rival contentions of both the parties. We are of the considered view that the complainant has not followed the instructions issued by the RBI as per Annexure-R1 mentioned above and it might be possible that the complainant has shared the OTP to any unknown person because he was the only person who know the debit card number and OTP number. Nobody can withdraw the amount without knowing the debit card number or OTP number. It is clear from the record that the complainant moved an application to the Op No.1-bank as per Annexure-C13 and the bank has forwarded his complaint to the Circle Office. We are of the view that it is a case of Cyber Crime and the complainant has already approached to the police as per Annexure-C14 but nothing is on the record that what action has been taken by the police. Hence, we find that there is no deficiency in service on the part of Ops.
8. Thus, as a sequel of above discussion, we find no merit in the present complaint and accordingly, the same is hereby dismissed. No order as to costs. However, the complainant is at liberty to approach to the police for redressal of his grievances or pursue his complaint which was sent to the police by the complainant or he can approach to the appropriate court of law. A copy of said order be supplied to the parties free of costs. File be consigned to record-room after due compliance.
Announced in open court:
Dt.:11.02.2020.
(D.N.Arora)
President.
(Suman Rana), (Rajbir Singh)
Member Member.
