Order Date: 13.10.2023

The petition dated 08.04.2022 in the form of M.A. being No.18/2022 is taken up for hearing and passing order.

In the instant petition, Petitioner is O.P. represented by Punjab National Bank by its officer. Contention of the Bank through its officer as O.Ps that this complaint petition itself as filed by the Complainant as consumer is not maintainable because there a separate case is pending behind such incident of Complainant at the sector of Cyber Crime, Asansol. Hence, it is not maintainable when a criminal case is pending on the same incident.               Apart from that S/ 2(7) (II) of C.P. Act, 2019 i.e service provider would not be applicable upon the Banking Authorities in the instant case. As O.Ps in respect of internet Banking/Mobile Banking etc. do not take any consideration or charges of it. So when no consideration is taken by the Banking Authority behind aforesaid banking, no question of being service provider for the Complainant -Consumer without consideration. Accordingly Complaint itself should be rejected instantly.

Aforesaid petition is objected by the Complainant with submission that both the petition and W/V as filed by the Banking Authority is defective one because in affidavit portion O.P.-Bank referred them as Complainant.                  Furthermore, with the deposited money of Complainant this O.P.-Bank conducts their business to earn gain.  In addition to Banking Authority itself recognized this Complainant as consumer on providing Consumer ID Number. Not only  that O.P.-Bank obtained consideration amount from the  Complainant  for issuing ATM Card and providing Mobile Banking etc. So, this petition on the point of maintainability has no value at all.

D E C I S I O N

This Commission perused the petition as filed by the Bank and its objection as filed by the Complainant which are in the form of M.A. hearing.

Through this petition We find, this O.P.-Banking Authority want to exempt themselves from being service provider of internet banking or mobile banking since it’s registration is voluntary one by the customer and involve no cost or charge as service charge. So the dispute in the compliant is not maintainable as they are not service provider on getting any charge behind the service of Net Banking/Mobile Banking etc.  Banking Authority further alleged about  sending complaint by the  Complainant  to the sector of Cyber Crime Department for which they (Bank) contended about res-judicate or non maintainability of the complaint for the cause of lodging complaint before the Cyber Crime Department.

Now, We the Commission opine/observe that filing  complain before the Cyber Crime Department is not for any reason of deficiency of service or unfair trade practice by the O.P.-Banking Authority,   So cause of action  of lodging the case before Cyber Crime and filing the case before the Consumer Commission both are not similar. Hence, plea of fraud or fraudulent transfer/action cannot be self-same one as to deficiency of service and unfair trade practice as raised by the Complainant against the Banking Authority.

Accordingly, this reason as raised by the Bank is not entertained to discard the value of this complaint petition.

Secondly, Commission find this Complainant nowhere acknowledged that voluntarily at that day he himself operated Net Banking or registered himself either Mobile Banking or Net Banking.

                    Thereby, at present situation when Complainant kept his money deposited to the O.P.-Bank, Banking responsibility cannot be withered-away without being affirmed about any fraud or fraudulent action or any self implementation by the Complainant in Mobile Banking or Internet Banking etc. as alleged by the O.Ps or another allegation of no charge is being incurred by the Banking Authority for withdrawal of any amount either by ATM or by Net Banking etc.

Consequently, this petition under M.A. No.18/2022 is not being entertained or considered at this stage without having any trail of the same through respective oral and documentary proof.          

            Thus the M.A. bearing No.18/2022 is thus disposed of.

To 10.11.2023 for filing evidence-on-affidavit by the complainant positively.  

Let a copy of this or be given to the parties on free of cost.

Dictated and corrected by me.

President       

D.C.D.R.C., Purba Bardhaman.

Member                                Member                                                         President                

D.C.D.R.C., Purba Bardhaman   D.C.D.R.C., Purba Bardhaman         D.C.D.R.C., Purba Bardhaman