1. Brief facts of the case is that the O.P. no.1 is the bank and the Complainant has opened a saving bank account with the O.P. No.1. Since 2008 having S.B. Account No. 30658366769 and the Complainant is making transaction regularly. Further the O.P. No.1 has allotted ATM card and secret number to the Complainant and advised him not to hand over the ATM card and secret number to any other person or he may misuse the said card for withdrawal of money from the bank account and told that the said ATM card is safe one and one cannot withdraw money from the account without help of ATM card and secret number.
2. The Complainant had deposited a total sum of Rs. 25,841.63 in his said saving account as on 20.09.2014. All of a sudden on 25.09.2014, the Complainant received call from one number i.e. +917070483361, a female told her name as Kalpana Chouhan, identified herself as the H.O. , S.B.I. Mumbai, the O.P. No.2 and told, the bank is verifying the account number and ATM card of the Consumer. She further told that the ATM cars of the Complainant has not yet been renewed and requested to say ATM card number. Believing the version of the said staff of the O.P. No.2, the Complainant told the 18 digit ATM number and after some time she told that the card has been renewed. Further she asked for secret number , the Complainant could not understand the trick and disclose the same, She further gave him a new secret number 2962 and told to use the new secret number for future using of ATM card and disconnected the call.
3. After few minutes the Complainant received message in his mobile from BW-CBSSBI, message alert of the SBI Bank, that Rs. 10.00 has been debited in his said Bank account, the Complainant could not understand the matter, soon after that the Complainant further received successive 16 nos of message that Rs. 1980.00, Rs. 1000.00, Rs. 4000.00, Rs. 2500.00, Rs. 2500.00, Rs. 2500.00, Rs. 2000.00, Rs. 1000.00, Rs. 1000.00, Rs. 1400.00, Rs. 1000.00, Rs. 1000.00, Rs. 500.00, Rs. 1555.00, Rs. 1000.00, Rs. 17.00 Total amount of Rs. 24,962.00 has been debited from the account of the Complainant. The Complainant tired to contact the Bank authority on toll free number, but the Complainant could not get any fruitful result. Thereafter the Complainant submitted written complaint which was acknowledge by the O.P. No.1 on 25.09.2014. On receipt of complaint the O.P. No.1 blocked the said ATM card and assured to take prompt action on the matter and credit the said amount after due enquiry in the said account.
4. The Complainant had been to the OP. No.1 several times and enquired about the matter but the O.P. No.1 did not take any action on the complaint and all times assured that the matter will be solved soon. In spite of repeated approach and request, the O.P. No.1 has not taken any action on the matter though it is the duty of the O.Ps to take prompt action on the complaint on the matter of illegal and unlawful withdraw and siphoning of money from the account of the account holder but the opposite parties have failed to give proper service o the Complainant. The cause of action for the present complainant on 25.09.2014 and on subsequent date and dates and lastly on 18.06.2015 when the O.P. No.1 showed untoward behavior towards the complaint within the jurisdiction of this forum. The Complainant also submitted the notification of the R.B.I. about the protect the rights of the customers.
5. The O.P. No.1 & O.P. No.2 have exparte as they have not appeared and have not given their version.

So the case is to be disposal of on merit.

1. Whether the Complainant is a consumer of the O.Ps?
2. Is there any deficiency in service on part of O.Ps?
3. Are the O.Ps liable for given compensation to the Complainant?
4. What relief the Complainant is entitled to get?

ISSUE NO.1 Whether the Complainant is a consumer of the O.Ps?

The Complainant has opened a saving Bank account with the O.P. No.1 since the year 2008 vide saving Bank account No. 30658366769 which is working under O.P. No.2 and the Complainant is making transaction regularly as such the Complainant is a consumer of the O.Ps

ISSUE NO.2: Is there any deficiency in service on part of O.Ps?

          The Complainant gave several complaints to the O.P. N.1 along with written complaint and request for enquired about the matter but the O.P. No.1 did not take any action on the complaint and all times assured that the matter will be solved soon. As per RBI notification dtd. 6^th July, 2017 to protect the rights of the customers, revised the norms to limit the liabilities of a fraud victim it is notified that if any victim of a Fraudulent online Transaction and reported the same to the concerned bank within three days without fail then the amount will be credited into the victim account within 10 working days. Here the fraud was committed on 25.09.2014 and the Complainant Complaint on the same day but no action was taken by the O.Ps. Hence there is deficiency in service on the part of O.Ps.

ISSUE NO.3: Are the O.Ps liable for given compensation to the Complainant?

           It is needless to say that the good will of a business concern plays a pivotal role for its success. In other words, success of a business concern always depends on its good will in the market and in the eyes of customers and creditors. For any reason, if good will of business concern tarnishes or its image goes down in the business circle, the business will certainly get a setback. Therefore, those who are responsible for sullying the public image of the business concern are required to compensate for the same.

           In the instant case, out of giving complaint in time to the O.Ps, the O.Ps did not take appropriate action which is gross deficiency in service in part of the O.Ps. Hence the O.Ps are liable to give compensation to the Complainant.

ISSUE NO.4: What relief the Complainant is entitled to get?

            Though there is deficiency in service on part of O.Ps, the Complainant is entitled to get all the reliefs what he prays in the complain petition.

            Order is pronounced accordingly.

ORDER

            The Complaint petition is allowed. The O.Ps are deficient in their service by not providing information as per guidelines of RBI for which the O.Ps are directed to pay Rs. 24,962.00 to the Complainant towards his saving amount, Rs. 25,000/- towards compensation to the Complainant and Rs. 5,000.00 towards litigation expenses to the Complainant within 30 days from the date of this order failing which the amount will pay @10% interest per annum till realization.

            Order pronounced in the open court on this 28^th day of April, 2022.