DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO. 40/ 2021
Bibhu Prasad Nayak, aged about 25 years,
S/o- Satyananda Nayak, At- Plot No.4695, Adimata Colony,
PO- Mancheswar Railway Colony, PS_ Mancheswar,
Bhubaneswar, Dist – Khordha
…. Complainant
-Vrs.-
1. The Branch Manager, Union Bank of India,
Chandrasekharpur, PO- Sainik School,
Bhubaneswar - 751005
…. Opp. Party
For the complainant : Mr. P.K.Nayak & Associates (Adv.)
For the OP.2 : Exparte.
DATE OF FILING : 05/02/2021
DATE OF ORDER : 21/06/2023
ORDER
S.TRIPATHY, MEMBER
1. This Consumer Complaint is filed U/s 35 of the C.P.Act, 2019 by the complainant, alleging gross negligence and deficiency in service against the OP.
2. The brief contention of the complaint is that, the complainant is a Saving bank account holder at the Union Bank of India, bearing account No.450502010015969. On 10/02/2020 at 1.40.38 PM, the complainant received a message as well as a phone call on his mobile phone to activate the KYC of his account. In this process of KYC activation, an amount of Rs.15,800/- was fraudulently deducted from his UBI account. The complainant intimated regarding this fraudulent transaction to the bank and the bank immediately froze his account. The complainant further requested the Bank to refund the money to his account which the bank had deducted from his account. But the OP bank did not refund the money. Being aggrieved by this, the complainant decided to seek relief from this Commission. Hence this complaint.
3. Upon notice, the OP did not appear and subsequently set exparte. Accordingly, exparte hearing was taken up.
4. Perused the materials available on case record. it is not in dispute that, the complainant is a saving bank account holder at UBI (OP) bearing Account number 450502010015969. In this the account, a fraudulent transaction took place on 10/02/2020 resulting on deduction of Rs.15,800/- from the UBI Account . The complainant intimated to the Bank and the bank account at the bank got frozen immediately to prevent any further fraudulent transaction. But the complainant did not get back his deducted money for which he is making liable to the OP Bank. Now, the question arises whether the OP is liable for not refunding the deducted amount? The complainant has relied upon the RBI guidelines vide No. RBI/2017-18/15 and DBR No. Leg BC-78/09.07.005/ 2017-18 which speaks about 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 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 3 working days of receiving the communication from the bank regarding the unauthorized transaction.
5. After taking into consideration the RBI guidelines, this Commission is of the view that, in the event of an unauthorized transaction, the OP cannot be held liable if there is contributory negligence on the part of the complainant. Here, in this complaint, the complainant has not followed the precautionary measures advised by the OP. As a result of which, the fraudulent transaction in question took place. Also, there is no mention in the complaint when did the complainant intimate to the OP bank regarding this unauthorized transaction. However, OP on getting intimation, blocked the account of the complainant to prevent further fraudulent transaction and advised the complainant to lodge an FIR. In this backdrop, this Commission observes that, there is no deficiency of service by the OP. Hence, it is ordered.
ORDER
The complaint is hereby dismissed exparte against the OP being devoid of merit.
The order is pronounced on this day the 21st June, 2023 under the seal & signature of the President and Member (W) of the Commission.
(S.TRIPATHY)
MEMBER(W)
Dictated & corrected by me
Member ( W)
I agree
President
(K.C.RATH)
Transcribed by Smt. M.Kanungo, Sr.Steno
