Order no. 2

Ld. Advocate for the Complainants is present.

The case is taken up for admission hearing.

Perused. Considered.

Heard Ld. Advocate for the Complainant.

The Complainants state that they have a savings bank account number 13990110087394 in Punjab National Bank in the Branch of opposite party no. 2. On 29.12.2022 after the office hours the Complainant no. 1 received a phone call from a person who disclosed his identity as Chief Branch Manager of opposite party no. 2 and asked the Complainant no. 1 to disclose the details of his savings account for the purpose of KYC. On being convinced, the Complainant no. 1 revealed the details of his savings account over phone. As the Complainant no. 1 had doubt in his mind, on the next day i.e on 30.12.2022 he rushed to the office of opposite party no. 2 and disclosed the incident. Under the advice of opposite party no. 2, the Complainants filed an application dated 30.12.2022 with the bank which was duly received by opposite party no. 2. Thereafter, on updating the passbook of the account, it was detected inspite of written instruction to the bank on 30.12.2022, his account was not ceased and fraudulent online transfer continued and an amount of Rs. 10,10,000/- (Ten Lakhs Ten Thousand only) was illegally debited from his account. For the inactiveness of the opposite parties the Complainants suffered loss. According to the Complainants, the opposite parties are liable for deficiency in service. Hence, this case.

It is apparent on face of the record that the Complainant no. 1 revealed his bank account details to unknown person over phone which allegedly caused fraudulent online transfer of money from their bank account. The case of the Complainants is not simple case of deficiency in service, since it involved determination complex questions of fact for which detailed specialized investigation is required which is not possible for a Consumer Commission in a summary manner. In a case Axis Bank Ltd. vs. Thomas Ninan and another, the Hon’ble NCDRC, New Delhi observed that fraudulent online transfer from bank account vis a vis deactivation of sim and negligence of bank and mobile service provider need detailed investigation which is not possible for Consumer Forum in a summary manner.

In view of the above discussion, we are of the opinion that the instant Commission lacks jurisdiction to try the case as such, the case is not maintainable.

Hence it is,

Ordered

that the Complaint case be and the same is dismissed as not maintainable with a liberty to the Complainants to approach before the appropriate Court for legal redressal.

Dictated and corrected by

[HON'BLE MRS. Firoza Khatoon]
PRESIDENT