Filed on: 25/11/2019

       Disposed on: 02/09/2020

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHIKKABALLAPUR

C.C. Old No: 66/2019

C.C. New No: 01/2020

         Dated on this the 02^nd day of September - 2020.

PRESENT:

SRI.T.N. SREENIVASAIAH, B.A., L.L.B.                         PRESIDENT

SRI. G. SREEPATHI B.Com., L.L.B.                                   MEMBER

BY SRI.T.N. SREENIVASAIAH, PRESIDENT

: ORDER :

Under Section-12 of the Consumer Protection Act-1986

The complainant has filed this complaint against the OP for alleging that he has been committed deficiency of service for non-return of, amount of Rs.1,35,000 (Rupees One Lakh Thirty

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Five Thousand Only) as misappropriated or transferred to the some other accounts by the OP along with interest and such other  reliefs.

FACTS OF THE CASE

       2. The case of the complainant in brief is that, the complainant having SB Account with the OP vide S.B A/c No:31571675360, on 31-07-2019 he was having balance of Rs.1,35,000 (Rupees One Lakh Thirty Five Thousand Only) in his account. On 01-08-2019 that amount has been misappropriated or transferred to the some other accounts. The complainant is an agriculturist.      

       3. And further submitted that, the OP has not taken proper care to safeguard the above said amount of the complainant.

       4. Further the above said amount has been withdrawn by some unknown person’s; by that time he has intimated the same to the OP. The OP has stating that we have to take care for your money and we have to enquire the same and intimated to you. The complainant also lodged a complaint before the

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concerned police. The OP has misappropriated the above said amount or transfer to some other accounts. The OP has not finding the above said amount and re-deposited to the complainant account.

       5. Further complainant has issued legal notice to the OP on 24-09-2019 through his counsel by RPAD, the same has been served on 01-10-2019, but they have not replied. Hence the complainant has filed this complaint.

       6. After service of the notice to the OP One Sri.S Nandish, Advocate appeared on behalf of OP and filed his version.

       7. According to the version filed by the OP is that the entire allegations made in complaint denied as false.

       8. Further Reserve Bank of India sending messages to all the customers of the bank often and often to not to disclose ATM No, ATM Password, CVV No and OTP No. In this case the complainant has neglected all the messages send by the bank.

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       9. The complainant is also having responsibility and to maintain secrecy of the above said numbers. The OP Bank never disclosed above number to any other customers at any point of time due to negligence and disclosing of his secret number to some unknown persons misused his amount.

       10. Further OP Bank is publishing through all media’s and his personal mobile number to maintain secret of his personal accounts. It is the part of the complainant to maintain secrecy, and not to leak his secret numbers to any others.

       11. As per the bank account extract clearly shows all the transactions on a single day, it clearly shows and reveals that complainant has neglected on his part and he is claiming from the bank is not proper on the part of complainant. With malafide intention he has come with this complaint before this Honorable Commission.

       12. Further submits that all the ATM and PIN Numbers, OTP Numbers are maintained by Reserve Bank of India, and then leakage of these numbers does

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not arise. It is the negligence of the customer who has not maintained secrecy of his numbers. Hence bank is not responsible.

       13. Further the OP Bank is having a cyber-cell where this type of transaction has to be complained before cyber-cell, this court has no jurisdiction to file this type of complaint. Hence pray for reject the complaint. The OP Bank has producing entire account extract it clearly shows that it is the negligence on the part of complainant. Hence pray for dismiss of the above said complaint.

       14. Now the points that arise for our consideration for the decision of the complaint are that:

1. Whether the complainant proves that the OP has committed deficiency of service while re-debited the amount as misused by the OP or transfer to some other accounts, from his SB Account i.e. in No: 31571675360 ?

2. To what order the parties are entitled?

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       13. Our findings on the above points are as follows:

Point No.1: Negative.

Point No.2: As per the final order.

:: R E A S O N S ::

        14. Point No: 1: It is undisputed that the complainant is having SB Account with the OP in S.B Account No:31571675360. The complainant has filed this compliant against the OP and stating that he has deposited the total amount of Rs. 1,35,000 (Rupees One Lakh Thirty Five Thousand) as on 01-08-2019. The said amount has been deposited by the some persons who have purchased tomato and other vegetables from the complainant, in respect of the same the complainant have produced some documents, those documents got marked as EX. A-11 to EX. A-15. According to the complainant the above said amount has been withdrawn by several persons and further misappropriated by the OP and also transfer to other accounts.

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The OP has not taken any care for the amount deposited by the complainant. The OP has also raised his objections and stating that the complainant has not properly maintained the secrecy of number i.e. ATM No, ATM Password, CVV No, and OTP No, and further stating that the bank is having a cyber-cell where this type of transaction has to be complained before cyber-cell. The very important point considered by this Commission is that, the complainant has stated in his complaint, the complainant have deposited amount to the OP Bank several times and to substantiate the same the complainant have not produced any documents for the same. The word several times is incomplete which does not give full clarity regarding submission of complainant. But one consolidated entry of rupees one lakh as per bank statement and balance as on 31-07-2019 was Rs. 1,00,020/- (Rs. One Lakh Twenty Only) The total up to 01-08-2019 was Rs. 99,020/- (Rs. Ninety Nine Thousand Twenty Only) and not Rs. 1,35,000/- (Rs. One Lakh Thirty Five Thousand)

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As per bank statement as mentioned in the complaint is not correct. On 02-02-2019 OP debited Rs. 34,997/- (Rs. Thirty Four Thousand Nine hundred and Ninety Seven Only), withdrawal transfer no 99922, Internet banking better word TEC TRF to 4599667162097 by way of individual amount of (Rs. Nine Thousand Nine Hundred and Ninety Nine Only) 9,999 X 3=(Three times) (Rs. Five Thousand Only) 5000/- in total Rs. 34,997/- (Rs. Thirty Four Thousand Nine hundred and Ninety Seven Only) transfer to some other account as stated by the complainant without his knowledge is not correct.

        15. As per EX. A-4 he has submitted complaint to the OP Bank orally, in his complaint that the respondent have given promise, the same will not be repeated in future. But the complainants have not produced any documents to substantiate the same.

        16. Further the complainant has failed to explain each and every date when he has deposited the amount to the OP Bank before this Honorable Commission. The bank statement has been filed by the both sides are not disclosing balance as

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stated by complainant in his complaint. The complainant used word in his compliant several times and by several persons have withdrawn the amount from the complainant account, further he has stated bank officials have misappropriated the amount from his account. As per the documents produced by the complainant is not at all tallied with his complaint.

        17. We have gone through the entire documents, Affidavit and Written Arguments filed by both sides. There is no dispute between the both parties that, the complainant is having SB Account with the OP Bank in No:31571675360. Further he has stated in his complaint as on 01-08-2019 he is having Rs.1,35,000/- (Rs. One Lakh Thirty Five Thousand) in his account. And further stated in his complaint some unknown persons have withdrawn the amount from his account, regarding this OP has not taken care. The documents produced by the complainant those documents are got marked as EX. A-1 to EX. A-16. On correlation of the documents and account extract the same were not disclosing with the facts of the case.

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The OP has produced one document i.e. marked as EX. B-1. EX. B-1 is the account extract of the OP. As per this account extract, when the several persons have withdrawn the amount from the complainant account and on which date the OP has misappropriated the above said amount. As such being the fact of the complaint, the complainant have not at all proved his case. In this case OP has not committed any deficiency of service while maintaining the SB Account of the complainant. Hence the Point No. 1 is held negative.

        21.   Point No.2: In view of the above discussion and findings, we proceed to pass the following.

:: O R D E R ::

The complaint filed by the complainant U/s 12 of C.P.Act is hereby dismissed. Parties to bear their own cost.

 (Order dictated, corrected and then pronounced in the open Commission on 02nd September 2020)

 (G. Sreepathi)                                            (T.N. Sreenivasiah)

     Member                                                      President                                                                 

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Documents marked on behalf of complainant:

Documents marked on behalf of OP No 1

            Witnesses examined for the Complainant/OP

          (G.Sreepathi)                                                (T.N. Sreenivasiah)     

             Member                                                              President