| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION – X GOVERNMENT OF N.C.T. OF DELHI Udyog Sadan, C – 22 & 23, Institutional Area (Behind Qutub Hotel) New Delhi – 110016 Case No.170/2019 - ASHA DEVI
W/O LATE SH. ASHOK KUMAR SHARMA - SH. PUNEET SHARMA,
S/O LATE SH. ASHOK KUMAR SHARMA BOTH R/O A-9/58,C, KALKAJI ETENSION, NEW DELHI 110019 …..COMPLAINANTS Vs. STATE BANK OF INDIA THROUGH BRANCH MANAGER BRANCH – KALKAJI DELHI 110019 .…..RESPONDENT Date of Institution-30.07.2019 Date of Order- 13.09.2024 O R D E R DR. RAJENDER DHAR-MEMBER - Complaint of the complainant pertains to deficiency in service on the part of the OP.
- Complainant in his complaint has stated that she is a house wife and has a saving account number 10724064002 in State Bank of India, Kalkaji branch, Delhi. This is a joint account and was operated by Smt. Asha Rani and her son Sh. Puneet Sharma and her husband Late Sh. Ashok Kumar Sharma. The said account was linked with mobile number of the complainant Smt. Asha Rani Devi. The complainant has also stated that she has FD with the OP.
- Complainant’s husband was diagnosed with cancer in the year 2015 and was to be operated, complainant’s son requested OP to release the amount kept in FD in the account of the complainant so that the treatment could be undertaken.
- On 30.07.2015, OP released the money from pre mature fixed deposit and deposited an amount of Rs.2,84,004/- in the account of the complainant.
- On 07.08.2015, complainant received a message regarding debit of Rs.10,000/- from the said account through ATM. Since the said ATM card was with the complainant, the complainant reported the transaction immediately to OP and OP informed that it is a server problem and no amount has been deducted. However, during the conversation with OP officials on this issue, the complainant received yet another message of debit of Rs.10,000/- and in similar manner total of Rs.80,176/- was deducted from the account of the complainant on 07.08.2015.
- OP has informed the complainant that these are all wrong messages as there is some error in the server. Since, the amount was fraudulently withdrawn from her account therefore, no money was available in the account of the complainant for treatment of her ailing husband.
- On, 09.08.2015 i.e. Sunday, the complainant again received a message on her mobile regarding debit of an amount of Rs.10,000/-. Although, being Sunday, the OP bank was closed and complainant was in the hospital to looking after her ailing husband, therefore, could not approach the OP to inform about the said transaction and hence, total amount of Rs.70,154/- was debited from her account on 09.08.2015.
- Complainant approached OP on 10.08.2015 and bank officials informed the complainant and asked her as to why she shares the OTP with others and it is her fault.
- The complainant informed the officials of OP that every time the transaction took place she was continuously in possession of her ATM card. During this conversation yet another message of debit of Rs.10,000/- was received by the complainant this happened in the presence of the OP officials and the OP officials were surprised to see the said transaction when the ATM card was in the possession of the complainant. Till that time four transactions totalling to Rs.40,000/- had already happened and the said amount was deducted from her account.
- The officials of OP advised the complainant to report the matter to police as it appears to be a card cloning case. OP immediately deactivated all the ATM, mobile banking and internet banking facilities from the account of the complainant on the basis of the written complaint dated 10.08.2015 given by the complainant.
- A written complaint was also given by the complainant to the police authorities which has been registered as DD entry no.41B dated 11.08.2015.
- The complainant informed the higher authorities of OP vide email dated 17.08.2015 and 23.08.2015 and OP sent due acknowledgements to the complainant.
- On 20.08.2015, PS Kalkaji registered a FIR no. 0719 of 2015 dated 20.08.2015 under Section 420 IPC. Thereafter no intimation/ information has been received from the police authorities. Police authorities filed an untraced report dated 06.12.2016 in the court on 21.12.2016 the ailing husband of the complainant passed away after prolonged illness on 21.12.2016.
- The complainant sent all ATM transactions details to OP by post on 08.05.2019 and took up this issue with higher authorities of OP. However, OP refused to take cognizance of the same and refused to take any further action in the matter saying that the matter is three years old.
- Complainant has also stated in her complaint that ATM withdrawal limit in a day was only up to Rs.40,000/- at that point of time but an amount of Rs. 80,000/- has been withdrawn in a single day i.e. 07.08.2015. This could not have been possible without the help of inside person of OP.
- Complainant has lost this amount totally due to inaction/ casual and insensitive approach of the OP. The cause of action arose on 08.08.2015 when the OP was ceased with complaint but did not take any action and hence the cause of action is still continuing.
- Complainant has prayed for Rs.1,90,418/- along with interest @24% and Rs.2,00,000/- along with 24% as damages/ compensation till realization.
- Notice was issued to OP on 26.09.2019. Thereafter, notice again issued to OP on 07.06.2022 but none appeared. OP stands delivered as per the track reports available on record. Despite service OP had not appeared and defend the case for the reasons best known to him. Hence, OP was proceeded Ex-parte vide order dated 27.09.2023.
- Complainant has filed evidence and has exhibited the following documents:
- Copy of Aadhar Card is exhibited as Ex.CW-1/A(OSR).
- Copy of passbook is exhibited as Ex.CW-1/B (OSR).
- Copy of statement of account is exhibited as Ex.CW-1/C (OSR).
- Copy of complaints are exhibited as Ex.CW-1/D (OSR) and Ex.CW-1/E (OSR).
- Copy of email is exhibited as Ex.CW-1/F (colly).
- Copy of acknowledgment is exhibited as Ex.CW-1/G.
- Copy of FIR is exhibited as Ex.CW-1/H.
- Copy of from of ATM transaction dispute, death certificate and untraced report are exhibited as Ex.CW-1/I- (colly).
- The Commission has considered the contents of the complaint of the complainant, all documents filed by the complainant and evidence which have been duly exhibited and has also heard the verbal submissions of the complainant.
- The Commission is of considered opinion that complainant in this case has taken all appropriate action in time i.e. approaching the OP on the very next day and unauthorized transaction and on 07.08.2015 total amount of Rs.80,176/- has been deducted from the account of the complainant while as the capping of withdrawal on the complainant’s ATM card was restricted to Rs.40,000/- only.
- Again on 09.08.2015 i.e. Sunday unauthorized transaction of Rs.70,154/- happened from the account of the complainant. It is seen that again the complainant informed the OP on the next working day i.e. 10.08.2015 since the OP bank remains closed on Sunday. Hence, it is seen that everytime unauthorized and fraudulent transaction as and when it happened the complainant has been informed the OP about the same.
- Despite information OP has filed in performing the rightful duties and obligations towards their account holder and the complainant Smt. Asha Rani Devi who is the complainant in the present case.
- Furthermore, it is seen that on the advice of the OP, the complainant filed the police complaint which was registered as DD entry no.41B dated 11.08.2015. Based on the complaint filed by the complainant on 20.08.2015, PS Kalkaji registered a FIR no. 0719 of 2015 dated 20.08.2015 under Section 420 IPC. Later on, after due investigation the police authorities filed untraced report dated 06.12.2016 on 21.12.2016.
- Again it is seen that within four days of occurrence of the said fraudulent transactions. The complainant has been quite vigilant and careful in taking appropriate actions including informing the OP as well as filing of police complaint. The complaint of the complainant has been duly acknowledged by the OP vide their email dated 17.08.2015 and 23.08.2015.
- It is noted in a bad taste by the Commission that lady wanted money for treatment of her ailing husband who was suffering from cancer. Instead of getting the money from the OP an amount of Rs.1,90,418/- has been fraudulently withdrawn from her account which was linked her ATM card. During all these transactions the ATM card was in the custody/ possession of the complainant.
- It is also seen that while the complainant in conversation with the officials of OP a fraudulent unauthorised transaction of Rs.10,000/- again were withdrawn from her account to which the officials of OP expressed their surprise but failed to initiate any action.
- On a very late stage, OP deactivated all ATM mobile related banking and internet banking facilities from the account of the complainant that too when the unauthorized transactions had already occurred.
- In the above given circumstances it won’t be wrong to conclude that OP is one of the biggest nationalized banks of this country but has failed in safeguarding the money of the complainant, despite complainant’s timely information on each and every unauthorized transactions. Hence, OP has been found highly deficient in services and therefore, this Commission directs the OP:
- To refund an amount of Rs.1,90,418/- along with 6% interest from the date of first unauthorized transaction i.e. 07.08.2015 till its realization.
- To pay an amount of Rs.25,000/- to be paid as compensation by the OP to the complainant on account of deficient services.
- Order to be uploaded and to be complied with within 30 days from the date of the order. File consigned to record room.
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