J U D G E M E N T

Mr. Sankar Kumar Ghosh, President ─ This consumer complaint under section 35 of C.P. Act, 2019 has been filed by the complainants Mrs. Swapnasathi Mukherjee, Mr. Sayantan Mukhjerjee & Sanchita Mukhjerjee against the OPs named above alleging deficiency in service on the part of the OPs.

            Complainants’ case, in brief, is as follows: -    That complainants are the different account holder of the said bank (formerly United Bank of India) and after amalgamation of 3(three) banks namely Pubjab National Bank, United Bank of India, Oriental Bank of Commerce complainants facing an immense difficulties in lieu of accessing Internet Banking Facilities by way of mobile application namely “PNB ONE”, developed by the said bank.

That on 16^th day of February, 2021 Complainant No. 3, Mrs. Sanchita Mukherjee got deprived in lieu of accessing the Internet Banking Facility through developed mobile application.

That after being deprived Complainant No. 3 looked after the helpline number of the said Bank through the search engine namely

That after receiving said toll free number, Complainant No. 3 conjointly with Complainant No. 2 and with Complainant No. 1 by way of telephonic conversation intimated the Customer Care Representative of the said ‘Bank’.

That due to utter negligence from the bank website, the complainants were got bound to intervene at the said search engine as the Complainant No. 3 was in a utter need of transfer of money to the near relative due to severe emergency.

After receiving assurance from the said representative of the ‘Bank’ Complainant No. 3 and Complainant No. 2 received an intimation call on 16^th February, 2020 from a number being No. 9339390943 by introducing as representative/customer care executive of Punjab National Bank and assured the Complainants that the said difficulties will be fixed at earliest convenience.

Thereafter, on good faith, Complainant No. 3 and Complainant No. 2 provided other bank account number vide Account No. 0173010236928 as well as mobile no. of Complainant No. 2  as directed by the said representative of the Bank wherein after providing the same Complainant No. 2 and Complainant No. 3 received a Whatsapp Link in the Mobile No. of Complainant No. 2 and asked to fill the same but Complainants did not fill the application due to horror of banking fraud.

However, on 23^rd February, 2021 once again Complainant No. 2 received an intimation call from the said representative from the same mobile no. wherein once again asked for another 2 (two) account numbers and on good faith Complainant No. 2 provided two account numbers bearing nos. 0173010240079 & 0173010238915. After receiving said account numbers said representative assured the complainant that difficulties will duly be solved at the earliest convenience and also requested the Complainant No. 2 not to share the OTP with any one. On good faith Complainant No. 2 and Complainant No. 3 waited for fixing the said difficulties but on 24^th February, 2021 perceived that an amount of Rs.34,900/- has been deducted from the Savings Bank Account without any prior intimation.

That due to above mentioned malicious transaction on 24^th February, 2021 Complainants intimated the local Jagacha Police Station by way of written complaint and filed GDE bearing No. GDE 1337 and accordingly intimated the OP No. 3 against the said transaction and provided a written complaint to the OP No. 3 and upon that OP No. 3 decided to freeze the debit of the said Savings/Salary Bank Account bearing No. 0173010236928 and wherein upon advice OP No. 3 decided to issue new Debit Card against all the Savings and Pension Accounts vested in the Bank.

It is state that due to utter negligence from the part of the Bank and in avoidance of the due diligence of security of account holders/customer of the Bank Complainants have been suffering an unintended losses wherein the act and conduct of OP No. 2, OP No. 3 and OP No. 4 are not at all tenable under law and a clear proof of deficiency in services towards the customer tale of the Bank.

After being faced the said burning issue, Complainants being the account holder of the said Bank pursued all necessary steps in order to received the procurement from the Bank but the Bank authority have not paid any heed to the utter request regarding the proper and facilitated procurement towards the Complainants. That lack of due diligence from the end of the Bank, no steps has been taken by the Bank in pursuance of providing proper and facilitated service in regard to Net Banking Facility and in lieu of fraudulent helpline number has been linked up with the search engine like Google.

It is also stated by the Complainants that as stipulated by the Reserve Bank of India vide Notification No. RBI/2017-18/15 DBR No. Leg.B.C.78/09.07.005/2017-18 dated 6^th july, 2017 it is imperative for the bank to ensure complete refund of amount withdrawn/deducted from the account without authorization and fraudulently.

Thereafter, on and from 29-03-2021 one representative of OP No. 3 started intimating the Complainant No. 2 in regard to the difficulties occurred wherein the same has been filled up by the Complainants and submitted the same on 30-03-2021.

That after the said discrepancies occurred Complainant No. 2 conjointly with Complainant No. 1 and Complainant No. 3 duly logged the complaint before the Grievance Cell, RBI bearing complaint dated 11-04-2021 with a hope to receive the proper and lawful procurement but in an utter shock and dismay Complainants on 20-04-2021 got to perceive that the status of complaint is closed without any proper and facilitated resolution. Once again, upon regular intimation of the Complainants before the Bank officials in lieu of the said dispute, bank officials on 4^th May, 2021 asked the Complainant No. 2 to filled up the same without providing any lawful reason and accordingly Complainant No. 2 filled up and submitted the same before the bank.

However, being deprived of the proper and facilitated procurement legal notice has been sent to the OP No. 1, OP No. 2, OP No. 3 & OP No. 4 by way of electronic mail (Reference No. LN/AC/263 dated 17-05-2021) and by way of Inidia Post wherein the intimation vide India Post has been delivered properly. However, no proper and facilitated procurement has been received by the Complainants till date.

Thereafter, Complainant No. 1 conjointly with Complainant No. 2 and Complainant No. 3 intimated the Respondents by way of legal notice dated 12^th May, 2021, which has been delivered on 17^th May, 2021, even after receiving the same no proper and facilitated steps has been taken by the Respondents till date.

Upon the intimations on numerous occasions by the Complainant No. 2 before the OP No. 3, OP No. 3 acted negligently from the very beginning without providing proper and facilitated procurement, only pressurized the Complainant to make a false statement in lieu of sharing OTP by stating that the Complainant No. 2 has shared the OTP, which is not at all tenable under law.

Complainant No. 2 along with Complainant No. 3 provided the bank account number and linked mobile number to the said representative of PNB but no proper and facilitated procurement has been made from the end of the Bank authority till date.

            Under such compelling circumstances and finding no other efficacious remedy Complainant filed this case before this Commission praying for direction upon OP/OPs to pay Rs,34,900/- (Rupees thirty four thousand and nine hundred) only along with an interest at the rate of 18% p.a. from the date of starting of the dispute till the final realization and also prayed for unconditional apology from Respondent No. 1 to the complainant as well as to pay an amount of Rs20,000/- as compensation and Rs.5,000/- towards legal proceedings.

            OPs were duly served with notice of this case but they did not appear for which the case was ordered to be heard ex-parte against the OPs. Hence, heard the ex-parte hearing.

POINTS FOR DECISION

Are the complainants entitled to get relief/reliefs as prayed for?

DECISION WITH REASONS

            To prove their case, the complainants have tendered their written examination-in-chief supported by affidavit in evidence and they have also filed all relevant documents in support of their case.

We have gone through the said evidence of the complainants and the documents filed by him.

It appears that in their evidence, the complainants have fully corroborated their case as incorporated in the petition of complaints and the documents filed by them also lend support to the case of the complainants. So, in view of the said evidence of the complainants and the documents filed by them, remaining un-challenged, it is held that the complainants’ case is proved and they are entitled to get the reliefs as sought for.

            Hence, it is,

ORDERED

            That Complaint Case No. 156 of 2021 be and the same is allowed ex-parte against the OPs with costs.

            The complainants are entitled to get relief as prayed for.

OPs are hereby directed to pay Rs.34,900/- (Rupees thirty four thousand and nine hundred) only along with an interest at the rate of 8% p.a. from the date of starting of the dispute till the final realization and OPs are directed to pay to the complainants within 45(forty five) days from the date of this order.

The OPs are further directed to pay Rs.10,000/- (Rupees ten thousand) only in favour of the complainant as compensation for harassment and also to pay Rs.5,000/- (Rupees five thousand) only as cost of proceeding within 45 (forty five) days from the date of this order.

            The complainants are at liberty to put the final order into execution after expiry of the appeal period.

            Supply the copies of the order to the parties, free of cost.

Dictated & Corrected by me

 (Mr. Sankar Kumar Ghosh)

President, DCDRC, Howrah

(Mr. Sankar Kumar Ghosh)                                     (Mrs. Babita Chaudhuri)

President, DCDRC                                                    Member, DCDRC

Howrah                                                                          Howrah