West Bengal

Bankura

CC/32/2023

Sri Uttam Mondal - Complainant(s)

Versus

The Branch Manager, SBI, Mejia Br - Opp.Party(s)

Susil Chatterjee

04 Sep 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.32/2023

        Date of Filing: 11/04/2023

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                    Ld. Member

For the Complainant:Ld. Advocate Subhas Chowdhury

For the O.P.1: Ld. Advocate Ashim Kumar Mondal

For the O.P.2: Ld. Advocate Partha Pratim Patra

Complainant:

Sri Uttam Mondal, S/O Late Budhan Mondal, R/O Vill-Bhara, P.O.Bharakalibari, P.S.Mejia, Dist.Bankura

Opposite Party:

The Branch Manager, SBI, Mejia Br., Bankura

 

FINAL ORDER / JUDGEMENT  

Order No.19

Dated:04-09-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument/written argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he has an S.B. Account with O.P. No.1 bearing No.11821507674 and got issued initially a debit card and also a credit card which were surrendered on 15/11/2022 & 16/11/20222 respectively. Surprisingly after surrender of Debit Card and Credit Card the Complainant received a message on 23/02/2023 on his Mobile phone from O.P. No.1/Bank to the effect that the aforesaid account has a debit by transfer of Rs.1,38,683.58 and immediately thereafter he went to the Bank and obtained the Bank statement wherefrom it is learnt that the said amount has actually been debited from his account on 23/02/2023. After filing of the instant case on 11/04/2023 a sum of Rs.39,581.60 also got debited from the said account  on 08/06/2023 in the same way. The Complainant was very much puzzled for such unauthorized withdrawal of money from his account without his intervention and on query from the Bank Authority he has come to know that both the withdrawal were made from the Credit Card other than earlier surrendered not even connected to his Registered Mobile number of the Complainant.  A G.D.E. No. being 1111, dt.24/02/2023 was lodged with Mejia P.S., Bankura over this incident. Getting no relief from the concerned Bank Authority the Complainant has approached this Commission for appropriate relief.

                                                                                                                                                                                     Contd…..p/2

Page: 2

O.P. No.1/Bank Authority filed a written version to contest the case. O.P. No.2/SBI, Credit Card Authority also contested the case by filing a stereotype written version neither opposing and disputing the details of the transactions nor supporting the claim of the Complainant but contending inter alia that they have no liability in this case.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission, and documents on both sides the Commission finds that the Complainant being an unblemished customer of the Bank is quite in the dark as to how withdrawal of money took place in both the transactions without his least involvement and use of any Debit Card/Credit Card.

O.P. No.2/SBI, Credit Card Authority could not show an iota of evidence in support of the disputed transactions either by furnishing the details of Credit Card issued in favour of the Complainant or the Mobile No. to which the Credit Card is linked nor any default of the Complainant in the operation of the Account.

It is hardly to believe how the Complainant having neither any Debit Card nor any Credit Card at the relevant point of time could operate the transactions unless interference of third party/unauthorized person is involved with the same.

O.P.No.2 being the SBI Credit Card Authority is accountable and responsible to any withdrawal of money from the account of the Customer when both the transactions took place behind the knowledge and notice of the Complainant. Written Version filed by O.P. No.2 is completely silent as to the modus operandi of the disputed transactions. No explanation or defence is forthcoming on record to justify the disputed money transactions.

It is a serious lacunae on the part of the O.P.No.2 to safeguard the banking interest of the customer to prevent misuse of operation of Credit Card/Debit Card by unauthorized person. It is not only the deficiency in service but also an unfair trade practice committed by O.P. No.2 Authority in facilitating the siphoning off Rs.1,38,683.58 on 23/02/2023 and Rs.39,581.60 on 08/06/2023 from the account of the Complainant.

                                                                                                                                                                                   Contd…..p/3

Page: 3

The role of O.P. No.2/SBI, Credit Card Authority Authority is highly questionable and prejudicial to the interest of the customer. The Commission considers it a fit case to award adequate compensation upon O.P. No.2/SBI, Credit Card Authority to mitigate the sufferings and harassment of the complainant apart from refund of the lost amount of Rs.1,78,265.18.

Hence it is ordered…….

That the case be and the same is allowed on contest with cost of Rs.1,000/-.

O.P. No.2/SBI, Credit Card Authority is directed to pay Rs.1,78,265.18 together with compensation of Rs.50,000/-  in favour of the Complainant within a month from this date in default law will take its own course.

The Commission recommends high level investigation into the disputed transactions to fix the liability of whoever may be involved.  

Both parties be supplied copy of this Order free of cost.

 

   __________________                                       ________________         

 HON’BLE   PRESIDENT                            HON’BLE    MEMBER