Tamil Nadu

South Chennai

CC/339/2014

R.Ezhilarasan - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

M.Sophia

24 Oct 2019

ORDER

                                                                  Complaint presented on : 30.07.2014

                                                                    Date of Disposal            : 24.10.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.339/2014

DATED THIS THURSDAY THE 24^TH DAY OF OCTOBER 2019

                                 

R. Ezhilarasan,

S/o. Mr. P.T. Ramalingam,

Plot No.19, Kumudam Nagar,

Mugalivakkam,

Chennai – 600 116.                                                        .. Complainant.                             

 

                                                                                            ..Versus..

 

The Branch Manager,

State Bank of India,

Guindy Branch,

Chennai – 600 032.                                                    ..  Opposite party.

 

Counsel for the complainant      : M/s. M. Sophia & others

Counsel for the opposite party  : M/s. K.V. Shanmuganathan &    

                             another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to direct the opposite party to charge back the fraudulently / unauthorizedly debited amount of Rs.15,000/- and to pay a sum of Rs.2,00,000/- towards compensation for mental agony, deficiency in service and negligence by the opposite party with cost of Rs.25,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is maintaining Savings Bank Account No.30411096500 with the opposite party bank for more than 5 years. The complainant also availed the debit card No.6220180095600204713 for the transactions.  On 08.09.2013, there was an unauthorised transaction other than the complainant account through online from Mumbai and also from Delhi through the POS 042656 free charges Mumbai, POS 2013217321041 for www.ccavenue.com/ charge, POS 201321731163 for www.ccavenue.com /charge, POS 201321731278 for www.ccavenue.com / charge, POS 201321731425 – Pavu and debited a sum of Rs.15,000/-. The said unauthorised illegal transactions were came to the knowledge of the complainant when the complainant was attempted to withdraw some cash for his expenses.  Immediately after collecting the details on 10.09.2013, the complainant preferred a complaint to the opposite party intimated the unauthorised transaction and requested to reimburse the amount. The opposite party also sent an e-mail dated:10.09.2013 and acknowledged the receipt of the complaint and furnished ticket No.OP9569769045.   But the opposite party has not taken any steps to find out the culprit and reimbursed the amount to the complainant.  Hence, the complainant lodged a complaint before the General Manager, Banking Operation, Reserve Bank of India and also given a complaint to the office of the Ombudsman on 11.09.2013.  On 29.01.2014, the Ombudsman rejected the complaint and back reasoned that the mandatory chargeback is 45 days.  The opposite party also has not chosen to reimburse the amount.  Thereafter, the complainant lodged a complaint dated:08.10.2014 before the Commissioner of Police and the same was transferred to Bank Fraud Wing, Central Chennai Crime for enquiry.  On 10.02.2014, the Sub-Inspector of Police, Crime Branch, Vepery sent a letter directed the opposite party to refund the amount of Rs.15,000/-.  But the opposite party has not taken any steps to re-credit the amount.  Hence, the complainant issued legal notice dated:16.06.2014 which was received by  the opposite party.  The opposite party has not sent any reply and has not come forward to reimburse the amount.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegations made in the complaint and put the complainant to strict proof of the same.   The opposite party states that the opposite party herein received a complaint from the complainant with regard to the alleged fraudulent transactions which are said to have taken place on 08.09.2013 and the same was acknowledged.  However before the opposite party could collect information relating to the alleged fraudulent transactions mentioned in the complaint, the complainant herein lodged a complaint with the Reserve Bank of India and another complaint to the banking Ombudsman.   The opposite party states that the Commissioner of Police issued a letter to reimburse the amount.  The opposite party states that the complainant has not observed the 12 Golden Rules prescribed by the bank to keep the ATM transactions safe and secure.   The complainant will not be entitled to any compensation unless it is established that unauthorized deduction was made from his account due to negligence on the part of the opposite party.  Therefore, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A13 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B3 are marked on the side of the opposite party. 

4.      The points for consideration is:-

1. Whether the complainant is entitled to get return of a sum of Rs.15,000/- being the fraudulently / unauthorisedly debited amount from his account as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for mental agony, deficiency in service and negligence with cost of Rs.25,000/- as prayed for?

5.      On point:-

The complainant filed his written arguments. The opposite party has not filed any written arguments.  Perused the records namely; the complaint, written version, proof affidavits and documents.   The complainant pleaded and contended that he is maintaining Savings Bank Account No.30411096500 with the opposite party bank for more than 5 years. The complainant also availed the debit card No.6220180095600204713 for the transactions. On 08.09.2013, there was an unauthorised transaction other than the complainant account through online from Mumbai and also from Delhi through the POS 042656, POS 2013217321041, POS 201321731163, POS 201321731278, POS 201321731425 and debited a sum of Rs.15,000/- as per Ex.A1(S).  The said unauthorised illegal transactions were came to the knowledge of the complainant when the complainant was attempted to withdraw some cash for his expenses. Immediately after collecting the details on 10.09.2013, the complainant preferred a complaint to the opposite party as per Ex.A2 intimating the unauthorised transaction and requested to reimburse the amount. The opposite party also sent Ex.A3, e-mail dated:10.09.2013 and acknowledged the receipt of the complaint and furnished ticket No.OP9569769045.   But the opposite party has not taken any steps to find out the culprit and reimbursed the amount to the complainant.  Hence, the complainant lodged a complaint dated :12.09.2013 before the General Manager, Banking Operation, Reserve Bank of India as per Ex.A7 marking copy to Banking Ombudsman on 11.09.2013 as per Ex.A4. On 29.01.2014, the Ombudsman rejected the complaint and back reasoned that the mandatory chargeback is 45 days as per Ex.A9.  The opposite party also has not chosen to reimburse the amount.  Thereafter, the complainant lodged a complaint dated:08.10.2014 before the Commissioner of Police as per Ex.A8 and the same was transferred to Bank Fraud Wing, Central Chennai Crime for enquiry.  On 10.02.2014, the Sub-Inspector of Police, Crime Branch, Vepery sent a letter directed the opposite party to refund the amount of Rs.15,000/- as per Ex.A10.  But the opposite party has not taken any steps to re-credit the amount.  Hence, the complainant was constrained to issue legal notice dated:16.06.2014 as per Ex.A12 which was received by  the opposite party as per Ex.A13.  Since the opposite party has not sent any reply and has not come forward to reimburse the amount, the complainant was constrained to file this case claiming refund of the amount with compensation.   The inaction of the opposite party and non-payment of the unauthorised withdrawal of the amount proves deficiency in service.  

6.     The contention of the opposite party is that before collecting the information and datas related to the alleged fraudulent transaction dated:08.09.2013, the complainant lodged a complaint before the Reserve Bank of India and Banking Ombudsman.  But on a careful perusal of records, the complainant  sent a letter only on 10.09.2013 immediately after 2 days of the fraudulent transaction.  Since the opposite party has not responded properly except gave an email ticket No.OP9569769045 to the complainant.  Further the contention of the opposite party is that the Commissioner of Police issued a letter to reimburse the amount without giving any notice to the opposite party cannot be taken into consideration.  Further the contention of the opposite party is that the complainant has not observed the 12 Golden Rules prescribed by the bank to keep the ATM transactions safe and secure.  But there is no iota of evidence to prove that the complainant has not followed the said 12 Golden Rules.  On the other hand, the opposite party has not denied the unauthorised transaction alleged by the complainant.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund a sum of Rs.15,000/- being amount debited fraudulently / unauthorisedly along with interest at the rate of 9% p.a. from the date of presentation of complaint to till the date of this order with a compensation of Rs.10,000/- with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.  The opposite party is directed to refund a sum of Rs.15,000/- (Rupees Fifteen thousand only) being amount debited fraudulently / unauthorisedly along with interest at the rate of 9% p.a. from the date presentation of this complaint (i.e.) 30.07.2014 to till the date of this order (i.e.) 24.09.2019 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 24^th day of October 2019. 

 

MEMBER                                                                                PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of pass book about the transaction
Ex.A2	10.09.2013	Copy of complaint to the opposite party by the complainant
Ex.A3	10.09.2013	Copy of email sent by the opposite party to the complainant
Ex.A4	11.09.2013	Copy of letter to the office of the Banking Ombudsman by the complainant
Ex.A5		Copy of transaction details submitted by the opposite party to the Banking Ombudsman
Ex.A6	11.09.2013	Copy of letter to the Regional Director, Reserve Bank of India
Ex.A7	12.09.2013	Copy of letter to the General Manager, Banking Operation Reserve Bank of India
Ex.A8	08.01.2014	Copy of the complaint to the Commissioner of Police and receipt
Ex.A9	29.01.2014	Copy of order passed by the Banking Ombudsman
Ex.A10	10.02.2014	Copy of the letter issued by the Sub-Inspector of Police, Central Crime Branch, Bank Fraud Wing to the complainant
Ex.A11	07.05.2014	Copy of Certificate issued by the Sub-Inspector of Police, Crime Branch
Ex.A12	16.06.2014	Copy of legal notice of the complainant
Ex.A13	21.06.2014	Copy of Proof of register post and track result of ET 19518255 IN / Receipt of the legal notice

 

 

OPPOSITE PARTY SIDE DOCUMENTS:-  

Ex.B1		Copy of policy with regard to banking services
Ex.B2		Copy of ATM Services
Ex.B3		Copy of Policy on customer Grievance redressal

 

 

 

MEMBER                                                                                                                                                                       PRESIDENT