1. The present complainant has been filed by the complainant before this commission for the following reliefs-

1. The ops be directed to pay the amount Rs.26038/ with interest @ 9% per annum into the account of the complainant.
2. Cost of the case.

2. Complainant has stated that she has the saving bank account no. 85132210009653 in the OP no.2 bank branch . On 01.12.2015, some Ramesh Kumar contacted at her mobile no. 9760052503 from mobile no. 8521673814 at about 4.30PM. after some time the complainant got her ATM blocked on some suspicion but an amount of Rs. 24988 had been withdrawn from her account for purchase by that time and the entry was made in her passbook. The total amount of Rs.24988/was withdrawn at Rs. 9,999, Rs9,999 and Rs.4990. complainant made a complaint to incharge Kotwali Aligarh and ZilaAdhikari , Aligarh but in vain. Complainant issue notice to the Ops on 15.01.2016 but no response.
3. Op submitted in the WS that the complainant had knowingly or by mistake told her ATM number and Password. As per statement the transaction was effected online which requires no ATM card or cheque  and therefore there can be no involvement of any bank employee in the transaction. 
4. Complainant has filed her affidavit in support of her pleadings. Ops have filed affidavit in support of their pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is that whether the Ops bank is liable to indemnify to the complainant of the loss caused to her by some unauthorized person through transaction made on the mobile phone?
7. In the recent case the law laid down in HDFC Bank Ltd Vs Jesna Jose by H’onble National Consumer Disputes Rederasal Commission ,New Delhi on 21.12.2020 is fully applicable which reads as under-

“As per law the RBI Circular, zero liability will rest with the customers, where deficiency lies in the banking system………………………….even if the deficiency was not with bank, but elsewhere in the system, the bank will be held liable for all the 29 unauthorized transactions ”

8. In view of ratio laid down in the aforesaid case, the OP bank is liable to reimburse the complainant against the amount withdrawn from his account through unauthorized transactions.
9. The question formulated above is decided in favour of the complainat.
10. Keeping in view the facts of the present case and the law as discusses above we hereby direct the OP as under –

1.  Ops bank shall pay to the complainant amount  Rs. 26038/ with 9% interest from 1.12.2015 till the date of actual payment.
2. OP shall pay to the complainant amount Rs. 5000/ as litigation expenses.

11. OP shall comply with the direction within a month failing which OP shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against the OP.
12. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
13. File be consigned to record room along with a copy of this judgment.