Today is fixed for delivery of final order.

Complainant files hazirah through Ld. Advocate.

At the time of writing the Final Order, it is found that this is a case against the O.P. about allegations of fraud, forgery/forging of password/O.T.P, deceit, misappropriation of funds, cheating etc. Complainant lodged FIR to the Kotwali Police station about this illegal transaction under specific Sections of IPC and also made a complaint to the opposite party, but opposite party fails to re-deposit amount. Offence committed pertains to crime.

On dated 26/04/2019 the complainant lodge a FIR against forgery/ cheating by the staff of Bajaj Finserve. From this FIR it is easily understandable that this is a case of Cyber cheating/crime. The O.P. No. 1 has entered appearance in this case by filing Written Version thereafter O.P. No. 1 also files written notes of argument and also took part in hearing of argument wherein it has been mentioned that the case is not maintainable on various points of law. They totally deny the allegation made in the complaint petition by the complainant. Proforma opposite parties never turned up in this case nor file any document. 

 In the case of First appeal No. 9 of 2015, P.N.Khanna v. State Bank of India & Anr. The Hon'ble NCDRC has observed that when there is allegation of forgery, fraud and cheating, adjudication whereof requires elaborate evidence, the same cannot be decided by Consumer Forum, and proceeding before it is summary in nature. In another case ⅡI (2014) CPJ 196 (NC), Rakesh Kumar Sharma v. ICICI Prudential Life Insurance Co. Ltd. & Anr., the Hon’ble NCDRC again observed that when question of fraud and cheating are involved in regard to the claim of the complainant which require through scrutiny including the examination of various documents and supporting oral evidence, the Consumer Forum cannot adjudicate upon the matter.

We have gone through the records and other related documents of the case. In this case also, a complex factual position is involved. This matter could not be examined by the Consumer commission. Allegations of fraud, forgery/forging of password/O.T.P, deceit, misappropriation of funds, cheating etc. cannot be proved before this Commission being summary proceedings as elaborate and concrete evidence including examination-in-chief and cross-examination of witnesses as well as examination of relevant persons by expert are required to prove the same, which can be done only in Civil Court only. Judicial propriety demands that no order conflicting with the order of the Hon’ble NCDRC, be passed.

Under the circumstance, Complaint is dismissed being not maintainable before this Commission. Let the petition of complaint be returned to the complainant along with Annexures and other documents filed by the complainant. As disputed questions of facts and law are involved therein for which detailed/elaborate evidence as well as cross-examination of witnesses etc. are required which can be done only in Civil Court — Liberty is granted to complainant to approach Civil Court having jurisdiction for redressal of his grievances.

There shall be no order as to costs. All pending applications, if any, shall stand disposed of.

Let a copy of the order be sent / supplied at free of cost to the parties concerned.

The Final Order will be available in the following website www.confonet.nic.in