Tripura

StateCommission

A/36/2023

MD. ANWAR HOSSAIN - Complainant(s)

Versus

THE BRANCH MANAGER, STATE BANK OF INDIA, AGARTALA BRANCH, - Opp.Party(s)

DEBAL SAHA

04 Sep 2023

ORDER

Heard Mr. J. Samed, learned counsel appearing for the appellant. Also heard Mr. A.L. Saha, learned counsel appearing for the respondent-SBI.

This is an appeal preferred against the judgment and order dated 26.05.2023 passed by the learned District Commission, West Tripura, Agartala in connection with Case No.C.C.318 of 2022 wherein the learned District Commission has come to the findings:-

“……….It is not the case of the complainant that he did not receive any SMS alert for those 8 unauthorized transactions but the complainant did not inform the Bank. Rather on 03.01.2022 the complainant lodged G.D. Entry No.26 with West Agartala P.S. and on that day informed the Bank. Immediately the O.P. Bank blocked his account and thereafter no transaction was held in the account of the complainant. Therefore, under the heading limited liability of customer in the RBI guideline as quoted above no loss occurred after reporting of any unauthorized transactions to the Bank. Hence, presumably the complainant customer was negligent either sharing payment with credentials etc. As such the O.P. cannot be held responsible for any sort of deficiency in service…..” 

Having read over the above findings, this Commission has made a query to the learned counsel appearing for the appellant that as to whether he received any SMS alert or not when the transactions were made.

His specific reply is that the complainant is ignorant about such SMS alert.

Learned District Commission on considering the records and evidences come to a finding that “It is not the case of the complainant that he did not receive any SMS alert for those 8 unauthorized transactions.”

In our opinion, a consumer who asserts his rights as consumer should come up before the Commission with a clear picture of the case. It is evident that the appellant-consumer has not approached the Bank Authority in the stipulated time of withdrawal of money of those illicit transactions. It is our day to day experience that as soon as a transaction is made in the account of any person, then and then such person receives an SMS alert. The appellant’s plea that he is ignorant of such SMS alert cannot be accepted and it is heard to digest, particularly when the appellant maintains G.Pay or similar kind of facilities in his mobile.

In view of this, we do not find any infirmity in the order of the learned District Commission.

Accordingly, the instant appeal stands dismissed and thus disposed of.