DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 129  of  2021

 

 

Sri Uttam Kumar Datta,

S/O- Late Kshirode Chandra Datta,

Arundhuti Nagar Road No. 9,

P.O. Arundhuti Nagar,

P.S. Arundhuti Nagar,

Agartala, District- West Tripura.

Pin- 799003. …................Complainant.

 

 

-VERSUS-

 

 

1. The General Manager,

  State Bank of India, 

 

 

2. The Branch Manager,

 

 

 

 

 

 

 

    

__________PRESENT__________ 

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

C O U N S E L

 

 

 

For the Opposite Parties : Exparte.

 

 

 

 

 

 

 

F I N A L    O R D E R

1. Sri Uttam Kumar Datta here-in-after called “the complainant/ petitioner” has filed this complaint pleading inter alia that he has a Savings Account with the SBI, Arundhuti Nagar Branch, Agartala, the O.P. No.2. Through Net Banking the complainant paid Rs.16,500/- to the Account of mcci.neet.nic.in as registration fees for his daughter Priyanka Datta for medical seat before counseling. It was paid on 29.10.2020. However, mistakenly he paid an excess amount of Rs.11,000/- instead of actual fees Rs.5,500/-.  

To get the excess amount back he lodged a complaint to the O.P. No.2 on 10.11.2020 which the O.P. No.2 confirmed on 18.11.2020.

1.1 The complainant now contacted toll free number of the O.Ps to get excess amount back and during telephonic discussion from customer service care it was instructed to contact with Phone No. 91-9883553465 to whom he shared his Account number and ATM card number and also his wife's phone number. After that an amount of Rs.56,864/-, Rs.36,452/- and another amount of Rs.5,986/- totaling Rs.99,302/- were debited from his account on 09.12.2020. The complainant immediately contacted the O.P. No.2 regarding authorized transactions and also lodged complaint with the General Manager of the O.Ps from where he was provided 3 ticked numbers for those 3 transactions. The SBI support customer.com i.e., BW-SBMSMS communicated to the complainant on 15th December, 2020 against those 3 ticked numbers.

1.2 The complainant-petitioner requested the O.P. No.2 to get back the unauthorized deduction of Rs.99,302/- but nothing was done although the complainant received the excess amount of Rs.11,000/- which was paid to ncci.neet.nic.in. But no action has yet been taken by the O.Ps for refunding the excess un-authorizedly debited amount of Rs.99,302/-.

2. Summons were issued and duly served upon both the O.Ps but the O.Ps have failed to appear and contest the case. As such vide order dated 10.06.2022 the case has been proceeding exparte against the O.Ps. 

 

3. As such hearing argument the following points are taken up for discussion and decision:-

 

4. All the points are taken up together.

4.1 The O.Ps have not contested the case inspite of getting repeated chance. More particularly, the Branch Manager of SBI, Arundhuti Nagar Branch i.e., the O.P. No.2 also has not contested the case although the Branch is within 5 – 6 km from here.

4.2 The Complainant has submitted his statement of account showing such deduction on 09.12.2020 in 3 strokes totaling an amount of Rs.99,302/-. The complainant has also submitted photocopy of msg, receipt from the O.Ps. The complainant has also submitted copy of the complaint submitted to the O.P. No.2 regarding such unauthorized transactions from his account.

4.3 As per RBI guideline “'Zero Liability of a Customer”: the O.Ps have failed to prove that the O.Ps had no deficiency or negligence for such unauthorized transactions from the account of the complainant or there was no deficiency on the part of the bank or deficiency elsewhere in the system of the bank. Therefore, the complainant can not be held responsible for such unauthorized transactions. Rather, the O.Ps by their non appearance have in fact admitted the complaint of the complainant.

5. All the points are decided accordingly.

6. In the result, it is ordered that the O.Ps shall refund the amount of Rs.99,302/- (Rupees Ninety Nine Thousand Three Hundred and Two) to the complainant with a further sum of Rs.10,000/-(Rupees Ten Thousand) as compensation which is inclusive of litigation cost. This amount has to be paid within 30(thirty) days from today, otherwise it shall carry interest @7.5% P.A. from today till the date of actual payment. Both the O.Ps are jointly and severally responsible to satisfy this award.

7. Supply copy of this Final Order to both the parties free of cost. However, since the O.Ps have not been contesting the case, the complainant shall deliver a copy of this order to the O.P. No.2 either personally or by post. 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA, AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER, 

DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.