Karnataka

Kolar

CC/14/2017

Sri.Babu.H - Complainant(s)

Versus

The Manager, Canara Bank - Opp.Party(s)

Sri.B.Sadasivachari

02 Jan 2018

ORDER

Date of Filing: 01/02/2017

Date of Order: 02/01/2018

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 02^ND DAY OF JANUARY 2018

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 14 OF 2017

Sri. Babu.H,

S/o. Hussian Sab,

Aged About 42 Years,

Customer ID No.71055374,

Gaffarkhan Mohalla,

Srinivasapur.                                               ….  COMPLAINANT.

(Rep. by Sri. B.Sadasivachari, Advocate)

 

- V/s -

The Manager,

Canara Bank,

Srinivasapur Branch,

Srinivasapur.                                                  …. OPPOSITE PARTY.

(Rep. by Sri. B.N. Vasudeva Murthy, Advocate)

                                                                      

-: ORDERS:-

BY SMT. A.C. LALITHA, LADY MEMBER

01.   The complainant having submitted this complaint on hand as envisaged Under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred in short as “the Act”) has sought relief of issuance of directions to the OP to refund Rs.1,09,014/- which has been withdrawn by various companies along with interest at the rate of 9% per annum, as well to pay Rs.50,000/- as compensation on the grounds of mental agony and hardship.

 

02.   The facts in brief:-

(a)    It is contention of the complainant that, he being account holder of the OP-Bank which has been opened on 30.07.2012 vide account bearing No.3349101004368 on 21.09.2016 he deposited Rs.49,900/-, on 26.09.2016 he deposited Rs.30,900/-, on 27.09.2016 he deposited Rs.40,000/- and on 31.10.2016 interest of Rs.500/- was transferred to his account. 

 

(b)    Further it is contended that, the complainant having balance of Rs.1,21,300/- in his account, which has been withdrawn by some unknown companies without his knowledge as follows:-

On 24.11.2016 Rs.100/- withdrawn by WWWOLACABSCOMGURGA

On 24.11.2016 Rs.599/- withdrawn by WWWOLACABSCOMGURGA

On 24.11.2016 Rs.4000/- withdrawn by PAYU-WWW.OXIGENWALLET

On 24.11.2016 Rs.5000/- withdrawn by SBIBUDDY-BDSBIPGIN

On 24.11.2016 Rs.7200/- withdrawn by WWWOLACABSCOMGURGA

On 24.11.2016 Rs.5000/- withdrawn by MOBIKWIKGURGAONIN

On 24.11.2016 Rs.2500/- withdrawn by ICICIPREPAIDCARDMU

On 24.11.2016 Rs.5000/- withdrawn by UDIOMUMBAIIN

On 24.11.2016 Rs.5000/- withdrawn by BETTERWORLDTECHNOL

On 24.11.2016 Rs.5000/- withdrawn by BETTERWORLDTECHNOL

On 24.11.2016 Rs.5000/- withdrawn by MOBIKWIKGURGAONIN

On 24.11.2016 Rs.2500/- withdrawn by WWWPAYUMONEYCOMGUR

On 24.11.2016 Rs.2500/- withdrawn by WWWPAYUMONEYCOMGUR

On 24.11.2016 Rs.2300/- withdrawn By WWWPAYUMONEYCOMGUR

On 25.11.2016 Rs.5000/- withdrawn by SBIBUDDY-BDSBIPGIN

On 25.11.2016 Rs.100/- withdrawn by MOBIKWIKGURGAONIN

On 25.11.2016 Rs.100/- withdrawn by RECHARGE_CCAVENUE

On 25.11.2016 Rs.5000/- withdrawn by UDIOMUMBAIIN

On 25.11.2016 Rs.747/- withdrawn by SNAPDEALMUMBAIIN

On 25.11.2016 Rs.2500/- withdrawn by WWWPAYUMONEYCOMGUR

On 25.11.2016 Rs.2500/- withdrawn by ICICIPREPAIDCARDMU

On 25.11.2016 Rs.10/- withdrawn by WWWOLACABSCOMGURGA

On 25.11.2016 Rs.50/- withdrawn by RECHARGE_CCAVENUE

On 25.11.2016 Rs.10/- withdrawn by WWWOLACABSCOMGURGA

On 25.11.2016 Rs.2500/- withdrawn by WWWPAYUMONEYCOMGUR

On 25.11.2016 Rs.2000/- withdrawn by PAYU-WWW.OXIGENWALLET

On 25.11.2016 Rs.2000/- withdrawn by PAYU-WWW.OXIGENWALLET

On 25.11.2016 Rs.4999/- withdrawn by PAYTMMOBILESOLUTION

On 25.11.2016 Rs.5000/- withdrawn by PAYTMMOBILESOLUTION

On 25.11.2016 Rs.5000/- withdrawn by PAYTMMOBILESOLUTION

On 25.11.2016 Rs.5000/- withdrawn by PAYTMMOBILESOLUTION

On 25.11.2016 Rs.2500/- withdrawn by WWWPAYUMONEYCOMGUR

On 25.11.2016 Rs.2500/- withdrawn by WWWPAYUMONEYCOMGUR

On 25.11.2016 Rs.4999/- withdrawn by BETTERWORLDTECHNOL

On 25.11.2016 Rs.4800/- withdrawn by BETTERWORLDTECHNOL

Total Amount withdrawn Rs.1,09,014/-.

 

(c)    On 29.11.2016 when the complainant approached for withdrawal of the amount from the OP-Bank, he came to know the said withdrawal. 

 

(d)    It is contention of the complainant that, the OP-Bank has replied evasively when the same has been intimated.  On 29.11.2016 he had lodged a complaint before Srinivasapura Police Station NCR No.207/2016 and the same was transferred to Cyber Crime Police Bangalore.  Since the OP-Bank has to be safe guarded and guaranteed by assurance of RBI Banking Rules.  He has to be indemnified by the OP-Bank as committed negligent act which falls within the purview of deficiency in service under Consumer Protection Act.  The OP-Bank might have set hands with those persons or companies in drawing the said amounts from his account.  The trust of the complainant has misappropriated by the OP-Bank.  So contending, the complainant has come up with this complaint on hand seeking the above set-out reliefs.

 

(e)    Along with the complaint the complainant has submitted the following documents:-

(i) Copy of statement of SB Account for the period from 01.06.2016 to 29.11.2016 in respect of account of complainant ID 71055374.

(ii) Copy of the police complaint NCR No.207/2016

(iii) Copy of SB Pass book.

 

03.  In response to the notice issued, OP has put in its appearance through its learned counsel and submitted written version. 

(a)    It is contention of the OP-Bank that, withdrawal of the said amount from the account of the complainant by unknown companies was not at all within the knowledge of  OP.  And OP is not responsible for that said withdrawal made as the said transactions was made through online for which the OP is not responsible as OP will not aware of either PIN number or password of the complainant.  Without PIN number and password it is not possible to do online transactions.  And OP has clearly admitted the account balance of the complainant as alleged and also the said withdrawals of the amount from difference persons.

 

(b)    The OP further admits that, the complainant had given complaint at Srinivasapura Police Station on 29.11.2016 in NCR No.207/2016 and the same has been transferred to the Cyber Crime Police Station, Bangalore, and the same is under investigation.  And also admitted that, the OP-Bank has to safe-guard and guaranteed by assurance of RBI Banking Rules.  But the said rules and regulations are not applicable to the act, which are beyond the control of Banks and which relates to Cyber Crime.  Hence the OP is not responsible for the acts as alleged by the complainant and hence there is no deficiency in service on the part of OP.

 

(c)    It is the specific contention of the OP-Bank that, the said complaint of the complainant before the Cyber Crime Police is still pending which is under investigation.  Hence this complaint is not maintainable either in law or on facts.  So contending OP-Bank has prayed for dismissal of the complaint, costs has been sought.

(d)    Along with the version the OP-Bank has submitted below mentioned document:-

(i) List of massages sent to complainant regarding withdrawals.

 

 04.  The complainant has submitted his affidavit evidence by way of examination-in-chief.  On behalf of OP-Bank Sri.S.Hariharan, S/o. S.Shabari Raj, The Manager & Authorized Signatory to OP, has put his affidavit evidence by way of examination-in-chief.  Both counsel of both parties have submitted their written arguments.  And on 21.12.2018 the counsel for OP has submitted additional written arguments.  Heard oral arguments of both parties.

 

05.   Therefore the points that do arise for our consideration are:-

(1) Whether this complaint is maintainable as for same cause of action case is pending before Cyber Crime, Bangalore?

 

(2) If so, whether the complainant is able to establish that, there was deficiency in service on the part of the OP-Bank in regard to the said withdrawals of the amount from his SB account by unknown persons?

 

(3)    What order?

 

06.   Our findings on the above stated points are:-

POINT (1) & (2):       In the Negative

POINT (3):               As per the final order

                                                for the following:-

REASONS

POINT (1) & (2):-

07.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time.

(a)    Admittedly the complainant is the account holder of OP-Bank bearing A/c No.3349101004368 and had balance of Rs.1,21,300/- as on 09.11.2016 and also admitted the said withdrawals from different online transactions on 24.11.2016 and 25.11.2016 from the account of the complainant.  And pendency of investigation before the Cyber Crime, Bangalore, in regard to the complaint of the complainant in NCR No.207/2016 referred by Srinivasapura Police Station is also admitted fact.

 

(b)    On perusal of the documents submitted by the complainant as well as OP-Bank it is clear that, the crux of this complaint is whether the said withdrawal of the amount from complainant’s account is done with the influence of OP-Bank or else which was happened by disclosing of PIN number of the complainant’s ATM card or else online transaction by whom influence?  On perusal of statement of account bearing No. 3349101004368, for the period from 01.06.2016 to 25.11.2016, which was submitted by the complainant, on 25.07.2016 in the column of Branch it is mentioned as “33” in the column of Description it is mentioned as “PAYU-WWW.OXIGENWALLET” and in the column of Ref/CHQ No. it is mentioned as 201612812394 and in the column of Withdrawals Rs.100/- was withdrawn.  And on 24.11.2016 the same “PAYU-WWW.OXIGENWALLET” has withdrawn Rs.4,000/- vide Ref/Chq No. 201609466219.  On both dates i.e., 25.07.2016 and 24.11.2016 the same person/company i.e., “PAYU-WWW.OXIGENWALLET” has withdrawn the amount of Rs.100/- and Rs.4,000/- respectively.  On 25.11.2016 the same “PAYU-WWW.OXIGENWALLET” twice each Rs.2,000/- was withdrawn.  On 06.08.2016 “SBIBUDDY-BDSBIPGIN” had withdrawn Rs.100/- and same online transaction was on 25.11.2016 for Rs.5,000/-.   But in the present complaint the complainant has disclosed only the withdrawals that took place on 24.11.2016.  Why the complainant has not given any complaint with regard to the withdrawal done on 25.07.2016 and 06.08.2016 by the same online transactions.  If at all which is not within his knowledge would be suspectable?  After 06.08.2016 and 25.07.2016 till 24.11.2016 there was continuous transaction by this complainant through his account.  Even though he has not made any complaint with regard to it prior to 24.11.2016 online transactions with same online transactions.  Now the complainant alleging that, the said company is stranger to him, how can the same person or company was stranger to the complainant though it has withdrawn prior to 24.11.2016?  And the complainant has not submitted any copy with regard to what about of the Cyber Crime investigation.

 

(c)    On perusal of documents submitted by OP with regard to SMS alert to mobile number of complainant with regard to the transactions of his SB account from the Bank, clears that, with regard to all transactions happened on 24.11.2016 and 25.11.2016 SMS was sent to the complainant’s mobile No.9731009369 immediately.

 

(d)    According to this SMS list the first massage to the complainant’s mobile was sent on 24.11.2016 for withdrawal of Rs.100/- at 03.06 PM.  Subsequently the other transactions was also took place.  Why the complainant was not given any complaint or approach to OP-Bank if at all this was not within his knowledge on 24^th or 25^th of November 2016 and why he waited up to 29.11.2016 as alleged in his complaint which is quite suspectable ?

 

(e)    Both parties have admitted that, the investigation with regard to the said withdrawals of the amount is pending before the Cyber Crime Police, Bangalore.  Both parties had failed to submit any report with regard to the said investigation when there is no conclusion report of the said Cyber crime investigation which was filed earlier to this complaint on hand we cannot come to any conclusion without being proper evidence and investigation.  The complainant had failed to submit sufficient evidence to support his case.  Therefore we come to the conclusion that, the OP-Bank had given intimations of all the withdrawals as on the date to his mobile number.  According to the RBI guidelines the OP-Bank had rendered its service properly.  Accordingly there is no deficiency in service on the part of this OP-Bank and hence we answered point (1) & (2) in the negative.

 

POINT (3):-

08.   In view of the above discussions on Point (1) and (2) we proceed to pass the following:-

ORDER

01.   For foregoing reasons the complaint stands dismissed with a direction to both parties to bear their own costs and option is kept open to the complainant to approach before the Cyber Crime where the said investigation is pending.

02.   Send a copy of this order to both parties free of cost.

 

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 02^ND DAY OF JANUARY 2018)

 

 

LADY MEMBER                                PRESIDENT