DISTRICT CONSUMER DISPUTES REDRESSALA FORUM, KALAHANDI AT BHAWANIPATNA
C.C. No.82 of 2017
Date of order 31st October,2018
PRESENT:
Sri Aswini Kumar Sahoo,M.A, LL.B OSPS(I) Sr. Retd. ………President.
Smt. Bhawani Pattnaik, M.A,LL.B,PGDCLP, ………Member
Manoj Kumar Mund, aged about a52 years, S/o Jayashankar Mund, At: Bhalugudra, PO: Arebada, P.S.Koksara, Dist: Kalahandi. …… Complainant.
Versus.
- The Branch Manager, State Bank of India, Charbahal, At/Po Charbahal, P.S.Koksara, Dist: Kalahandi, State: Odisha, Pin No. 766 017.
- The Chief Manager, State Bank of India, Bhawanipatna Branch, At/Po/Ps Bhawanipatna(Town) Dist.Kalahandi,Odisha,766001.
- The Regional Manager, State Bank of India, At/Po/Ps Bhawanipatna(Town),Dist.Kalahandi,Odisha,766001. ……… Opposite Parties.
Counsel :
For the Complainant: Sri Satyan Choudhury, Advocate, Bhawanipatna.
For the O.P: Sri S.K.Agrawal, Advocate, Bhawanipatna.
JUDGEMENT
The gist of the complaint is that the complainant is a customer of SBI, Charbahal Branch having Saving Bank Account No.31574673982. On dt.25.09.2017 the complainant was having balance in his SB Account for an amount of Rs.2,13,053.75. From dt.10.07.2017 to 16.10.2017 the complainant has not operated his bank account and on dt.17.10.2017 the complainant withdrawn an amount of Rs.60,000/- from his SB account by presenting cheque vide Cheque No.956586 and after verification it is learnt that there is shortage of huge fund in his SB account and an amount of Rs.28,056.75 only remain in his account. Knowing this facts, the complainant withdrawn Rs.26,000/- leaving the minimum balance of Rs.2053.75 in his account. After withdrawal of Rs.60,000/- and Rs.26,000/- the complainant asked the OP NO,.1 to update his Bank Pass Book and found that an amount of Rs.10,000/- was transferred to one unknown account on dt.28.09.2017, 29.09.2017,4.10.2017,5.10.2017,6.0.2017,7.10.2017,8.10.2017,0.10.2017,11.10.2017,14.10.2017,15.10.2017,6.10.2017 and 17.10.2017 in total Rzs.1,30,000/- from the account of the complainant. The bank account of the complainant is having with Cheque facility, ATM facility as well as mobile message alert facility and generally the OP No.1 allowed the complainant withdraw money from his account through Cheque or ATM transaction and after each transaction, the complainant used to receive a mobile message from the OP NO.1 in support of the said transaction. The complainant has not received any mobile message of the transaction from 28.09.2017 to 17.10.2017 and the complainant had also not issued any cheque or letter of authority to any other person to operate his account. On being asked the OP No.1 replied that due to wrong Aadhar link the amount from the account of the complainant is transferred to other account.
It is further submitted by the complainant that the Bank is responsible for the safe and secure transaction of the account of the consumers and for the act of the OP NO.1 the complainant sustained huge financial loss for an amount of aRs.1,30,000/- by illegal transfer from his account without any consent or letter of authority. On dt.25.10.207 the complainant registered a F.I.R in Koksara Police Station regarding the unauthorized transfer of Rs.1,30,000/- from his account. On dt.30.10.2017 the complainant submitted a written complaint to the OP NO.1 and claim to return Rs.1,30,000/- to his account but the OP No.1 till date has not taken any action. Finding no other option the complainant took shelter of this Forum and prayed to direct the Ops to pay Rs.1,30,000/- with 15% interest from the date of cause of action and for mental agony and harassment the Ops be directed to pay Rs.1,00,000/- with litigation expenses of Rs.50,000/- .Hence, this complaint.
Being noticed, the OP appeared through Sri S.K.Agrawal, Advocate and files written version inter alia denying the petition allegations on all its material particulars. It is submitted by the Opp.Party that the complainant has made a written complaint about loss of Rs.1.3lakhs from his saving account of SBI Charbahal Branch on 30.10.2017 . Accordingly the OP Bank has initiate an investigation in the matter and it is observed that during the process of seeding of Aadhar numbers with the Bank account numbers the Opposite Party Bank inadvertently seeded the Aadhar number of one Smt.Satyabati Bag to the account of the complainant. When such huge task of seeding Aadhar numbers to crores of accounts being implemented one genuine mistake was done inadvertently and Smt.Satyabati Bag has fraudulently withdrawn Rs.1.3 lakhs in total by putting her finger impression in Bio-metric Authentication System maintained at one Customer Service Point at Karlakote under Utkal Grameen Bank. The Bank officials along with the complainant have visited the house of the Smt.Satyabati Bag resident of Dhangaon village and during the meeting she has admitted to her guilt and admitted that she has withdrawn Rs.1.3lakhs through her Bio Metric Authentication with the help of the CSP Shri Bhairab Sahu and she has promised that she will refund the total withdrawn amount to Shri Mund but she failed in returning the amount, the bank haws filed one complaint with the IIC of the Koksara Police Station on 03.11.2017 against Smt.Satyabati Bag and Shri Bhairab Sahu for initiating a criminal investigation against both of them. If the bank is made liable to refund the money to the complainant, the Bank will pay the money from its fund which is nothing but public money and that will be loss of the public money. So for the better administration of justice and as per law of equity the Bank will pray to pass necessary orders to refund the amount to the complainant and direct the IIC, Koksara PS for depositing investigation report and the present status of the case. Hence OP Bank prays to9 dismiss the case against the OP Bank
FINDINGS
On perusal of the claim and written version of the Ops and hearing both the parties it is an admitted case that aRs.1,30,000/- has been withdrawn in different dates without any consent or knowledge of the complainant and even same has not been intimated to the complaint via SMS alert. The OP admitted that on inquiry they found that due to Seeding of Aadhar Numbers with the Bank Account Numbers seeded Aadhar number of one Smt.Satyabati Bag to the account of the complainant inadvertently. Taking advantage of the same knowingly Smt.Satyabati Bag with the help of Customer Service Point operated by Sri Bhairab Sahu withdrawn the amount by putting through her Bio-metric Authentication. The Ops also admitted that due to heavy transaction the same was done by mistake without any intention. They have also agreed to refund the amount if the Bank is made liable. The OP Bank further taken plea that they have initiated Police Case against Smt.Satyabati Bag and Bhairab Sahu and waiting for the investigation report.
The Advocate for the complainant argued that the complainant has no any connection with Smt.Satyabati Bag and Bhairab Sahu as he has deposited the amount in the Bank and the Bank is responsible to safeguard the deposited amount of the complainant in the Bank. In support of his argument the Complainant relied on RBI Guideline dt.6.07.2017 in respect of Zero Liability of the customer and responsibility of the Bank. According Para -6 of the guideline:
A customer’s entitlement to zero liability shall arise where the unauthorized transaction occurs in the following events:
(i)Contributory fraud/negligence/deficiency on the part of the bank(irrespective of whether or not the transaction is reported by the customer).
(ii)Third party breach where the deficiency lies neither with the bank nor with the customer but lies elsewhere in the system, and the customer notifies the bank within three working days of receiving the communication from the bank regarding the unauthorized transaction.
The Learned Advocate for the complainant also relied on the RBI letter dt.13.04.2007 issued to all scheduled Commercial Bank regarding KYC norms according to which bank ought to be vigilant in case of transfer of money which is more than 50,000/- and other security measure by the Bank.
In view of the above we are of the opinion that a Bank is completely responsible for the safe keeping of the amount deposited by the customer and will provide all protection to fraudulent transfer of the same. The Complainant is no way relate how the OP Bank will realize the amount, fraudulently transferred to other account from the account of the Complainant. The Complainant is entitle to get back the amount i.e. Rs.1,30,000/- with SB interest till the same is deposited in his account. The OP can not avoid their responsibility to safeguard the deposit of the complainant on the plea of crores of business transaction or inadvertent mistake. So we hold the OP Bank deficient in their service and liable to refund the above amount of Rs.1,30,000/-. Hence, it is ordered.
ORDER.
In the result with these observations, findings, discussions the complaint petition is allowed partly on contest against the O.Ps.
The O.P Bank is ordered to refund Rs.1,30,000/- with the Saving Bank interest from the date of withdrawn to till the date of its payment and pay litigation expenses of Rs.2,000/- to the complainant within 30 days of receipt of this order failing which the OP is liable to pay 12% interest on the above awarded amount till the date of its payment.
Pronounced in open forum today on this 31st day of October,2018 under the seal and signature of this forum.
Member President
Documents relied upon:
By the Complainant:
- Copy of SB Pass Book
- Copy of FIR
- Copy of Complaint to OIC, Koksara PS with acknowledgement
- Copy of application to the BM, Charbahal Branch
- Copy of Postal receipt
- Copy of application the RM,SBI, Bhawanipatna.
- Copy of postal receipts.
- Copy of RBI Circular/Notification dt.13.04.2007
- Copy of RBI Master Circular/Notification dt.06.07.2017
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