Date of Filing : 21.05.2010
Date of Order : 06.06.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 6th JUNE 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 1149 / 2010
1. Dr. Chaitra Jaydev,
W/o. Dr. Avinash Parthasarathy,
Aged about 34 years.
2. Dr. Avinash Parthasarathy,
S/o. Parthasarathy,
Aged about 34 years,
Both are R/at: #308, Pallava Terrace,
Opp. Vediyur Lake, Jayanagar VI Block,
Bangalore – 560 082. ……. Complainant
V/s.
1. The Manager,
ICICI Bank Ltd.,
ICICI Bank Towers,
Bandra Kurla Towers, Bandra (East),
Mumbai – 400 051.
2. The Branch Manager,
ICICI Bank Ltd., 7th Block, Jayanagar,
Kanakapura Main Road,
Bangalore – 560 082. …… Opposite Party
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986 seeking refund of Rs.14,939/- with interest and damages.
2. The facts of the case of the Complainants are that on 01.01.2008 when the Complainants tried to log into their Accounts, they were unable to open their Account with their User ID & Password. Their password had been changed without their knowledge. When called upon the OP over phone, OP informed that their internet transaction have been used in the same day and Rs.14,939/- had been debited from their account to the Company account by name Techprocess Solutions Pvt. Ltd., Then, Complainants lodged Complaint with OP Bank for the fraudulent transfer of amount. Complainant No. 2 filed Complaint before the jurisdictional police regarding incident. Complainants submitted that they don’t want anything from the OP, but refund of membership amount of Rs.14,939/- with interest. The cause of action arose on 01.01.2008 when they opened internet and tried to log into their account through banking.
3. The OPs have filed version stating that Complaint is misconceived. OP Bank has adopted the adequate security measures to protect the personal details of all its customers from being assessed unauthorizedly from its website. IPIN & Customer ID are sent to account holders in two separate mails to ensure that third party does not access the information contained therein. Customer is also provided with information booklet containing information about net banking where the customer is specifically asked not to write down their customer ID & IPIN for reference, not to disclose it to anyone including Bank’s employees and to change the IPIN regularly. Aforesaid measures are adopted by OP Bank. OP Bank has time and again taken precautions to warn customers of security threats. Complainant failed to comply that basic security measures and therefore OP is nowhere liable for the consequences of actions of the Complainant, resulting in OP transfer of money from their accounts. Bank is vigilant about all the transactions and such online transaction can be noticed by the Bank only after online transfer of money is effected. Complainant had filed Complaint before the Cyber Crime Police. OPs have taken details of the beneficiaries. There is no deficiency of service. Hence, OPs prayed to dismiss the Complaint.
4. Affidavits evidence are filed, Documents are produced. I have gone through the pleadings, documents and affidavit evidence.
5. Arguments are heard.
6. Points for consideration are as under:
(i) Whether the Complainants have filed the Complaint within a time of limitation?
(ii) Whether the Complainants have proved deficiency of service on the part of OPs?
(iii) If so, whether the Complainants are entitled for the relief?
REASONS
7. As per the Complainants, cause of action arose on 01.01.2008 to file the complaint. Complainants in Para-2 of the Complaint have stated that they have tried to log into their account and were unable to open the Account with their User ID & password and password had been changed without their knowledge. They informed the matter to Bank and came to know that on the same day a sum of Rs.14,939/- had been debited from their account to the Company account by name Techprocess Solutions Pvt. Ltd., and the Complainants immediately went personally and contacted the ICICI Bank and lodged the Complaint regarding fraudulent transfer of their amount. So, in this case, the cause of action arose to them to file the Complaint from 01.01.2008. Complaint has been filed before this Fora on 21.05.2010 i.e., after more than 2 years of the cause of action. The Complainants could have filed the Complaint within 2 years from the date of cause of action. U/s. 24A of the C.P. Act, 1986, District Forum, State Commission or National Commission shall not admit the Complaint unless it is filed within 2 years from the date of which cause of action has arisen. Admittedly, Complainants have not filed Application for condonation of delay. So, under these circumstances, Complaint is liable to be dismissed on the point of limitation itself. Secondly, the Complainants have filed Police Complaint in this regard and the matter is under investigation. Therefore, they have to pursue their remedy under the Criminal Law. Thirdly, the Complainants can file their Complaint before Banking Ombudsmen for getting redressal of their grievances. The RBI has introduced Banking Ombudsmen Scheme, 2006 for enabling the resolution of the complaints relating to certain services referred by the Banks and to facilitate the satisfaction or settlement of such Complainants. U/s. 8 of the said scheme, Complainants can file their Complaints for redressal of their grievances before the Banking Ombudsmen. Banking Ombudsmen has got powers to pass award after making full enquiry in the matter. In the present nature of dispute, Banking Ombudsmen is a proper person to go into the matter in detail and find out the guilty and pass appropriate orders on the Complaints of the Complainants. Under these circumstances, the present Complaint before this Fora is not maintainable. The Complaint is liable to be disposed of with a direction to the Complainants to approach Banking Ombudsmen for redressal of their grievances. In the result, I proceed to pass the following:
ORDER
Complaint is disposed of with a direction to the Complainants to approach Banking Ombudsmen constituted under the RBI guidelines for redressal of their grievances.
Order accordingly. No order as to costs.
Send the copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 6th June 2011.
Order accordingly
PRESIDENT
We concur the above findings
MEMBER MEMBER
SSS
