Tripura

StateCommission

A/5/2022

The Branch Manager, Tripura Gramin Bank - Complainant(s)

Versus

Sri Abhishek Debnath - Opp.Party(s)

Mr. T. K. Modak, Mr. N. S. Bhattacharjee

31 May 2022

ORDER

TRIPURA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

AGARTALA: WEST TRIPURA

 

CASE NO. A.5 OF 2022

 

 

The Branch Manager,

Tripura Gramin Bank,

Khowai Office Tilla Branch,

Khowai Tripura, P.O. Khowai Court,

Dist. Khowai Tripura, Pin-799202.

.....Appellant-complainant

Vrs.

 

Shri Abhishek Debnath,

S/O Sri Debasis Debnath of Paharmura, P.S - Khowai,

P.O. – Paharmura, Pin - 799201,

District-Khowai Tripura.         

....Respondent-opposite parties

 

 

          BEFORE

 

HON’BLE MR. JUSTICE ARINDAM LODH

PRESIDENT

DR. CHANDA BHATTACHARYYA

SRI KAMALENDU BIKASH DAS

MEMBERS

 

PRESENT

For the Appellant(s)                  :         Mr. T.K. Modak, Advocate.

 

For the Respondent(s)              :         Smt. G. Roy, Advocate.

 

Date of hearing & date of delivery of judgment & Order: 31.05.2022

 

Whether fit for reporting           : No

 

 

JUDGMENT & ORDER (ORAL)

 

                   Heard Mr. T.K.Modak, learned counsel appearing for the appellant. None appears for the respondent.

 

2.                The brief facts of the case are, that the respondent was a consumer of the appellant-bank. He applied for ATM Card which was issued, but, it was not delivered to him. In that meanwhile, the respondent on verification of his passbook came to know on 07.12.2019 that his account was hacked and Rs.1000/- was withdrawn by somebody. On that date itself, the respondent informed the bank about the incident and requested him to refund the same amount of Rs.1000/-. The appellant-bank did not refund the said amount to the respondent on the pretext that they had started an investigation into the matter. Having not received that amount, the respondent approached Ombudsman who passed a direction upon the appellant-bank to refund the said amount of Rs.1000/- to the respondent. Accordingly, the bank had paid the said amount. After receipt of the said amount of Rs.1000/- the respondent had filed the instant complaint before the District Commission claiming compensation alleging negligence on the part of the bank. Learned District Commission after consideration of the pleadings and evidence adduced by the parties has awarded Rs.10,000/- as compensation in favour of the respondent along with a litigation cost of Rs.5,000/-. Hence, this appeal before this Commission.

 

3.                We have heard Mr. T.K. Modak, learned counsel appearing on behalf of the appellant, the Branch Manager, Tripura Gramin Bank.

 

4.                Having gone through the records and considering the submissions of learned counsel appearing for the appellant, it transpires that after receipt of the communication dated 07.12.2019, the bank immediately started investigation into the matter and on being directed by Ombudsman they made refund of Rs.1000/- to the respondent. According to this Commission, the appellant-bank ought to have refunded the said amount of Rs.1000/- just after receipt of the information that the account of the respondent was hacked. The Branch Manager i.e. the appellant herein ought to have considered that a student’s account had been hacked and should address the grievance of the respondent immediately. The bank has unnecessarily delayed the payment of Rs.1000/- which was hacked through SBI ATM counter.

         

5.                Here, we find negligence on the part of the appellant, however, the award of Rs.10,000/- as compensation and Rs.5,000/- as litigation cost appear to be on the higher side and the said amount of compensation under the aforesaid two heads should be reduced and accordingly, it is reduced. The appellant has to pay Rs.5000/-(Rupees five thousand) as compensation out of their negligence towards the respondent and Rs.2000/-(Rupees two thousand) as litigation cost. Ultimately, it is ordered that the appellant-bank has to pay in total Rs.7000/- (Rupees seven thousand) as compensation to the respondent.

 

                   With the aforesaid directions, the instant appeal stands allowed and disposed.