DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
ISBT KASHMERE GATE DELHI
CC/249/2018
No. DF/ Central/ Date
Prabhu Lal
5/171, Lalita Park, Laxmi Nagar,
Delhi-110092. …..COMPLAINANT
VERSUS
State Bank of India
Through its Branch Manager
N-Block Vikas Bhawan, New Delhi-110002
State Bank of India
Through General Manager
Networking-1, 10th Floor, Parliament Street
New Delhi-110001
Neha Jewellers Pvt. Ltd.
Through Directors
(Sh. Sanjay Aggarwal & Sh. Sanjeev Aggarwal)
Kucha Mahajani, Chandni Chowk,
Delhi-110006 …..OPPOSITE PARTIES
Quorum: Ms Rekha Rani, President
Mr. R.S. Nagar, Member
Ms. Manju Bala Sharma, Member
ORDER
Ms Manju Bala Sharma, Member
Instant complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, as amended alleging therein that he is having a savings bank account number 10310568477 with SBI, Vikas Bhawan branch and is maintaining a debit card. On 26.05.2017 and 30.05.2017, complainant purchased jewellery items for Rs. 1,49,951/- from OP3 and made payment through his debit card. On 5th, 6th and 7th June, he received verification calls from unknown persons introducing himself as Rahul Verma. On 08.06.2017, the complainant got his passbook updated from OP1. He came to know that an amount of Rs. 1,99,400/- has been withdrawn from his account by playing fraud. Complainant lodged the complaint with P.S. Shakkarpur and FIR No. 302/2017 dated 04.07.2017 was registered and thereafter on 09.06.2017, filed his written complaint to OP1 giving the details of the fraudulent transactions that have taken place. Complainant moved RTI to sought certain information regarding these transactions from Chief Bank Manager, (PIO), SBI but the information provided was incomplete and incorrect. Complainant filed an appeal to GM(NW-1), first appellate authority, SBI. The information provided by the appellate authority was also incomplete. Therefore, the complainant filed a complaint with GM, RBI. Complainant prayed that OPs be directed to pay an amount of Rs. 1,99,400/- debited fraudulently from his account due to negligence and inaction on the part of OP1 and OP2 along with 24% interest from the date of debit till realization, Rs. 5,00,000/- as compensation and Rs.2,00,000/- as litigation cost.
We have heard Ms Adarsh S. Kaushal legal aid counsel for the complainant on the maintainability of the complaint and gone through record placed on the file. On perusal of the complaint and the documents filed in support of it, we find no deficiency on part of OPs as complainant himself has stated that a sum of Rs. 1,99,400/- has been transferred from his account to some other account by fraud and cheating and even in the FIR lodged with PS Shakkarpur against OP3, the jeweller from whose shop he allegedly purchased the jewellery, complainant stated that Rs.1,99,400/- has been taken out by someone fraudulently and further that the workers of OP3 have taken his pin fraudulently and cleverly and after cloning the card, took out the above-said amount. It is a general practice that a debit card can only be used when the customer inputs his personal 4-digit identification number which is selected by the customer and not by the bank or any other person. In the interest of the security of the customer, it is advised to retain PIN in his memory so that no one else is privy to this information. Complainant has nowhere alleged in his complaint that his debit card was stolen but has stated in his FIR that the workers of OP3 after cloning the card of the complainant has taken out a sum of Rs.1,99,400/- from his account.
No doubt complainant is a ‘consumer’ within the meaning of Section 2(1)(d) of the Consumer Protection Act but has failed to prove any deficiency in service or unfair trade practice on the part of OPs. As the complaint relates to alleged fraud against unknown persons, the complaint is not maintainable and is dismissed accordingly.
Copy of the order is sent for complainant free of cost as statutorily required. File be consigned to record room.
Announced this Day of 2018.
