Complainant Smt.Devinder Kaur has filed the present complaint against the opposite party U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to credit the amount of Rs.1,48,691/- in her saving bank account alongwith interest from the date of withdrawal till actual realization. Opposite parties be further directed to pay Rs.50,000/-  as compensation on account of mental agony, physical harassment and deficiency in service on the part of the opposite parties alongwith Rs.10,000/- as litigation expenses, in the interest of justice.

2.       The case of the complainant in brief is that she is having Saving Bank Account No.55109066971 with State Bank of India. She is also facility of ATM Card, Internet banking and UPI App. To her utter surprise some stranger withdrew an amount of Rs.1,48,691/- in four different  transaction of Rs.25,000/-,Rs.25,000/-,Rs.30,190/- and Rs.68,501 on 16.11.2021 from the above mentioned account illegally and fraudulently, whereas she never made the abovesaid transactions. On coming of know about this fact, she approached opposite party bank immediately and requested for marking hold on the abovementioned account and also requested for blocking her credit card. Thereafter, she time and again requested for doing needful into the matter, holding proper inquiry into the matter and for the refund of above mentioned amount. She supplied all the requisite documents to the bank from time to time but till today the amount has not been credited in her account. On account of in action on the part of bank, she is suffering physically, mentally as well as financially for no fault on her part. She never shared/disclosed secret codes of her ATM Card. As such withdrawal of such like amount from her account is not possible without the active connivance of officials of the bank who must have facilitated such like notorious persons who have withdrawn amount in question from her account. Thus, it is clear cut deficiency in service and unfair trade practice on the part of the opposite party. Hence this complaint.

 3.          Notice of the complaint was issued to the opposite party who appeared through their counsel and filed their written reply taking the preliminary objections that the complaint is not maintainable in the present form and is liable to be dismissed; complainant has not approached this Hon'ble Commission with clean hands and concealed true and material facts from this Hon'ble Commission; complaint of the complainant is totally false and facts mentioned in the complaint are totally wrong and incorrect and the complainant is stopped by his act and conduct from filing the present complaint. On merits, it was submitted that there is no fault of the opposite party bank if any amount has been deducted from the complainant bank account. Infact the complainant is herself guilty of sharing her confidential information qua her account as well as ATM Card and UPI facility to the stranger. In such cases, the Bank is not responsible. Even the Bank is regularly sending messages to its customer that "BEWARE OF ANY FAUD CALLS AND BANK WILLL NEVER ASK FOR ANY TPIN OR SECRET INFORMATION". So the complainant herself shared the private information relating to her account with unknown persons who hacked the bank account of the complainant and withdrew the abovesaid amount from the bank account of complainant. Moreover, the complainant in her application herself admitted that whatever the stranger has asked her to do, she did accordingly. As such the complainant is herself responsible for allowing someone to hack her account. It has next submitted that the complainant submitted an application with the bank on 16.11.2021 wherein she herself admitting that she has shared the information with the stranger qua her bank account. As such the amount withdrawn from the complainant bank account was due to her sole negligence and fault.  All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.   

4.       Ld.counsel for the complainant tendered into evidence affidavit of complainant Ex.CW-1/A  alongwith other documents Ex.C-1 to Ex.C-5.

5.     Ld.counsel for the opposite parties tendered into evidence affidavit of Sh.Harmanpreet Banga, Branch Manager of S.B.I. Ex.OPW-1/A alongwith copies of documents Ex.OP-1 to Ex.OP-4.

6.          Written arguments have been filed by the complainant.

7.          We have carefully gone through the pleadings of counsel for the complainant; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the parties for the purposes of adjudication of the present complaint. Present complaint requires detailed evidence which is possible before a Civil Court.

8.       This complaint is apparently a case of fraud and an application to that effect has been given to the cyber crime wing of the Police by the complainant vide Ex.OP-4.

9.    In our considered opinion this case is best disposed off with the direction to the complainant to seek remedial measure under Civil Court if she so desired and advised.

10.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

11.    Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

            (Naveen Puri)

                                                                            President   

Announced:                                                   ((R.S.Sukhija)

December 08, 2022                                               Member

*MK*