Order No-12 Date -13/05/2022
The complaint is present today. Final order is ready which contains 8 pages. The order copy is sealed in envelope and it is declared in open Commission.
Hence, it is
ORDERED
That the complaint case be and the same is hereby allowed Ex-parte against the opposite parties with cost of Rs.10,000=00 (ten thousand) only.
The O.Ps. are directed jointly or severally to refund to the savings account No.3646853034 the lost/unauthorised withdrawn amount Rs. 1,00,000=00 [one lakh] only with 7% p.a. simple interest from 17th March 2021 till the date of final realization and it is to be paid within 60 days from the date of issuing this order.
The opposite parties are directed to pay Rs. 20,000=00 (Rs. twenty thousand) only as compensation amount for their deficiency in service occurred under Section 2(11) and unfair trade practice occurred under Section 2[47] of the Consumer Protection Act 2019.
The Complainant is at liberty to submit a Prosecution Case against the O.Ps. before this Ld. Commission in case of non-compliance after 60 days.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAES
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700144
C.C.NO. 87 of 2021
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
13/8/2021 24.8.2021 13.05.2022
President :- Hon’ble Shri Ashoke Kumar Pal
Member - : Hon’ble Jagadish Chandra Barman
Member :- Hon’ble Sangita Paul
Complainant- Manirul Haque Molla
Son of Rasid Ali Molla
Vill. – Dakshin Harindanga
P. O. & Police Station- Dhola hat
Pin code-743 399
Dist.- 24 Parganas South. West Bengal
Versus
Opposite parties- 1) The Branch Manager,
Central Bank of India
Bhagabanpur FIC Branch
P. O.- Bhagabanpur
P. S.- Dholarhat
Dist.- South 24 Parganas
Pin Code- 743 399
2) Central Bank of India
Corporate Office: Chander Mukhi
Nariman Point Mumbai,
Maharashtra,
Pin Code-400 021.
Name of the advocate of the complainant- Sri Aninda Chakraborty
Name of the advocate of O.Ps.- NIL [Ex-parte]
FINAL ORDER/ JUDGEMENT
Sri Jagadish Chandra Barman, MEMBER
The facts leading to the filing of the instant case by the complainant may be epitomized as follows:
This is a complaint case under Section 35 of the Consumer Protection Act 2019. The complainant, Manirul Haque Molla is a law abiding citizen of India and a resident of Vill. – Dakshin Harindanga, P. O. & Police Station- Dhola, Pin code-743399, Dist.- 24 Parganas South. West Bengal.
As per statement in his [Manirul Haque Molla] complaint case, the complainant has a savings account no- 3646853034 in the Central Bank of India , Bhagabanpur FIC Branch, P. O.- Bhagabanpur, P. S.- Dholarhat ,Dist.- 24 Parganas South. The complainant also possess a Debit/ATM card bearing no- 0521 6000 9069 0953 [RuPay] issued by the Central Bank of India in the month of September 2018. It’s validity is up to 07/2023.
As per statement, the complainant is a labour and for earning money he had been staying in Bombay and working in a jewellery shop. On 15th March 2021, he got one sms and as per sms Rs. 20,000=00 only was withdrawn by someone by using false/duplicate Debit Card from the ATM vide no- I RO 2C062011, at 10.30 hrs. at Mumbai from his account of Bhagabanpur FIC Branch, P. O.- Bhagabanpur, P. S.- Dholarhat ,dist.- 24 Parganas south , W.B.. It is also clearly stated by the complainant that at that time his said Debit Card was with him. Before deduction, his account balance was Rs. 1, 24,313.00 only. After deduction, his account has shown Rs. 1, 04,313.00 only. It is evident from the photo copy of the passbook, that at 10.30 a.m., the deducted amount was credited vide COPR ATM vide no- I RO 2C062011 and balance is shown same as Rs. 1, 24,313.00 only.
Again, the complainant also found another consecutive three sms on 15/3/2021- first one at 10.51 a.m. for deduction of Rs. 20,000.00 only from the ATM I RO 2C060112, balance was after deduction Rs.1, 04,313.00 only.
Second sms at 10.54 a.m. on 15/3/2021 for deduction of Rs 10,000=00 only, after deduction balance is shown Rs. 94,313.00 only vide ATM I RO 2C060112 and ;
The 3rd sms at 10.54 a.m. on 15/3/2021 that Rs. 10,000=00 only was deducted from the ATM I RO 2C060112 and after deduction, the balance amount is shown Rs. 84,313.00 only. Account statement is supported by photo copies of the savings account pass book.
Hence, Rs. 40,000=00 only had been withdrawn by someone from the said account of the complainant on 15/3/2021 excluding the debit/credit at 10.30 hrs. Whereas the original ATM/Debit card was with the complainant on that day as per complaint petition and the complainant clearly stated that he has not withdrawn any amount. The complainant did not take any care but thought these would be solved automatically.
On 16/3/2021, the complainant found another consecutive 2 sms of deduction Rs. 20,000=00 only and another deduction of Rs. 20,000=00 only. In total deduction of Rs. 40,000=00 only for the days vide ATM I RO 2C060112 at 20.28 hrs. and 20.30 hrs. as per record in the photo copy of the pass book.
Thereafter, the complainant became puzzled and rushed to the nearest Central Bank of India, Corporate Office: Chander Mukhi, Nariman Point Mumbai, Pin code-400021, Maharashtra. As per statement, the Opposite party no-2 did not take any fruitful steps but only advised him to contact to the opposite party 1 the Branch Manager, Central Bank of India, Bhagabanpur FIC Branch, P. O.- Bhagabanpur, P. S.- Dholarhat, Dist.- South 24 Parganas, Pin Code- 743399,W.B.
On the next day i.e. on 17/3/2021, the petitioner found another sms at 9.53 a.m. of deduction Rs. 20,000.00 only from his account vide ATM I RO 2C06011.
The complainant again rushed to the O.P. No-2 and earnestly requested to block the Debit Card. The O.P. No-2 had blocked the card then and advised him to contact to the O.P. No-1.
The complainant then tried to come back home from Mumbai, but due to unavailability of train during the period of pandemic situation, he could not come back. However, he afterwards came back to his house and on 30th March 2021, he lodged a complaint to the Sundarben Cyber Crime PS/SPD. The GD No. of complaint is 235/2021.The authority [the Sundarben Cyber Crime PS/SPD] has assured him to take proper steps/investigation to recover the fraud amount. But till this date, he has not received back any fraud amount.
Thereafter, the complainant met with the opposite party no. 1 the Branch Manager, Central Bank of India, Bhagabanpur FIC Branch, P. O.- Bhagabanpur, dist. 24 Parganas South and filed a written complaint on 08/4/2021. Again, the petitioner filed another written complaint before the O.P. NO-1 on 27/4/2021 to get back the lost amount of Rs. 1, 00,000=00 only. The Central Bank of India authority has assured to refund the lost amount. But the complainant did not get back his lost amount till this date.
Hence, finding no other alternative, the aggrieved person, Manirul Haque Molla, filed this instant complaint petition before this learned Commission on 13/8/2021. After perusal of the materials, the complaint petition was admitted on 24/8/2021. Accordingly, the show cause notices were served satisfactorily upon the O. Ps. on 23rd and 24th September 2021.
Even after receiving the show cause notices, both the O.Ps. did not appear and submit any written version before this Ld. Commission. This C. Case is declared Ex-party on 28/2/2022 by the Hon’ble Commission.
In this case, the petitioner/complainant has sought for the following relieves:-
1] To issue an order to the opposite parties to refund the unauthorised withdrawn /fraud amount of Rs. 1, 00,000=00 [Rs. One lakh] only to his account no - 3646853034 of the Central Bank of India , Bhagabanpur FIC Branch, P. O.- Bhagabanpur, Dist. 24 Parganas South.
2] To issue an order to the O.Ps. to pay compensation amount Rs 50,000=00 [ Rs. Fifty thousand] only for mental agony, harassment and for deficiency of service;
3] To issue an order to the O.Ps. to pay litigation cost; and
4] To issue any other order to the O.Ps. as the Ld. Commission may deem fit and proper in the interest of justice, equity and good.
Hence, the content of the instant case is remained unchallenged and ‘Ex-party’ hearing was heard on 9/3/2022. But due to some unavoidable circumstances, final order is delayed.
Upon the averments of the complaint petition, the following points are formulated:-
POINTS FOR DETERMINATION
1]. Is the complainant a consumer?
2] Are the O. Ps. guilty of deficiency of services and unfair trade practice as alleged by the complainant?
3] Is the complainant entitled to get relief /relieves as prayed for?
EVIDENCE, BNA OF THE COMPLAINANT
The complainant filed evidences on affidavit on 29/3/2022 and brief notes of argument on 29/3/2022.
DECISIONS WITH REASONS
Point no. 1, 2, & 3.
The complainant Manirul Haque Molla is a savings pass book holder being account no- 3646853034 in the Central Bank of India , Bhagabanpur FIC Branch, P. O.- Bhagabanpur, P. S.- Dholarhat ,dist.- 24 Parganas south. The complainant also possess a Debit/ATM card bearing no- 0521 6000 9069 0953 [RuPay] issued by the Central Bank of India in the month of September 2018. It’s validity is up to 07/2023.
Therefore, there is no doubt that the complainant is a Consumer under definition of Section 2 (7) of the Consumer Protection Act 2019 and the opposite parties are service provider in this instant case vide no C. C. 87/2021.
In relation to point for determination no 2 ‘’Are the O. Ps. guilty of deficiency of services and unfair trade practice as alleged by the complainant?”, and point for determination no 3 “ Is the complainant entitled to get relief /relieves as prayed for? ”- it is relevant to say that in this instant case, the complainant found consecutive three sms on 15/3/2021- first one at 10.51 a.m. for deduction of Rs. 20,000.00 only from the ATM I RO 2C060112, balance was after deduction Rs.1, 04,313.00 only.
Second sms at 10.54 a.m. on 15/3/2021 for deduction of Rs 10,000=00 only, after deduction balance is shown Rs. 94,313.00 only vide ATM I RO 2C060112 and ;
The 3rd sms at 10.56 a.m. on 15/3/2021 that Rs. 10,000=00 only was deducted from the ATM I RO 2C060112 and after deduction, the balance amount is shown Rs. 84,313.00 only. Account statement is supported by photo copies of the savings account pass book as well as by the photo copies of sms enclosed herewith.
Hence, Rs. 40,000=00 only had been withdrawn by someone from the said account of the complainant on 15/3/2021 excluding the debit/credit at 10.30 hrs. Whereas the ATM/Debit card was with the complainant on that day as per complaint petition and the complainant clearly stated that he has not withdrawn any amount. The complainant did not take any care but thought these would be solved automatically.
On 16/3/2021, the complainant found another consecutive 2 sms of deduction Rs. 20,000=00 only and another deduction of Rs. 20,000=00 only. In total deduction of Rs. 40,000=00 only for the days vide ATM I RO 2C060112 at 20.28 hrs. and 20.30 hrs. as per record in the photo copy of the pass book.
Thereafter, the complainant became puzzled and rushed to the authority of the nearest Central Bank of India, Corporate Office, Chander Mukhi, Nariman Point Mumbai, Pin code-400021, Maharashtra. As per statement, the Opposite party no-2 did not take any fruitful steps but only advised him to contact to the opposite party no-1 the Branch Manager, Central Bank of India, Bhagabanpur FIC Branch, P. O.- Bhagabanpur, P. S.- Dholarhat, Dist.- South 24 Parganas, Pin Code- 743399,W.B.
On the next day i.e. on 17/3/2021, the petitioner found another sms at 9.53 a.m. of deduction Rs. 20,000.00 only from his account vide ATM I RO 2C06011.
The complainant again rushed to the O.P. No-2 and earnestly requested to block the Debit Card. The O.P. No-2 blocked the card then and advised him to contact to the O.P. No-1.
The opposite party no-2 could block the debit card on 16/3/2021.But due to negligence and unfair attitude to perform responsibility, O. P. No-2 did not do so. As a result, the customer has lost his hard earned money of Rs. 20,000.00 only from his account vide ATM I RO 2C06011 on the next day i.e. 17th March 2021 again in the same manner. On the other hand, the complainant is a labour, illiterate and had been living then in Mumbai for bread and butter. It was not possible for him to block the said Debit Card.
However, the O. P. No 1, 2 have failed to recover and refund the lost/unauthorized withdrawn amount Rs. 1, 00,000=00 only after thorough enquiry and examination of the c. c. tv. footage of the ATMs located at Mazgaon Greate, Mumbai Central used by the fraudster on 15th, 16th, and 17th day of March 2021. But they did not take any initiative or positive step in favour of the complainant. The O.P.1 & 2 did not pay any heed to the anxiety, tension, mental agony and harassment of the complainant.
Therefore, deficiency in service under Section 2(11) and unfair trade practice under Section 2[47] of the Consumer Protection Act 2019 have been occurred by and on behalf of the Opposite Parties.
Hence, the O. Ps. are jointly/severally liable to refund the unauthorized withdrawn/lost amount of Rs. 1, 00,000=00 only to the Complainant within 60 days from the date of issuing this order.
Both the O.Ps. are liable to be penalized Rs.10, 000=00 only as litigation cost and Rs. 20,000=00 only as compensation amount to be paid to the complainant within 60 days from the date of issuing this order.
Consequently, the complainant has succeeded to prove his case as made out exparte.
Hence, it is
ORDERED
That the complaint case be and the same is hereby allowed Ex-parte against the opposite parties with a cost of 10,000=00 (ten thousand) only.
The O.Ps. are directed jointly or severally to refund to the savings account No.3646853034 the lost/unauthorised withdrawn amount Rs. 1,00,000=00 [one lakh] only with 7% p.a. simple interest from 17th March 2021 till the date of realization and it is to be paid within 60 days from the date of issuing this order.
The opposite party is directed to pay Rs. 20,000=00 (Rs. twenty thousand) only as compensation amount for their deficiency in service occurred under Section 2(11) and unfair trade practice occurred under Section 2[47] of the Consumer Protection Act 2019.
The Complainant is at liberty to submit a Prosecution Case against the O.Ps. before this Ld. Commission for non-compliance, if any, after 60 days.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in .
Dictated and Corrected by me.
( Jagadish Chandra Barman)
(Member)
