(By Tmt.S.Oumasangeuery, Member)

The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as against the opposite party for the following relief:

(1) To stop the unfair trade practice hereafter
(2) To reverse the amount of Rs.35,00,000/- (Rupees thirty five lakhs only) to the Savings Bank Account of the complainant No.50100035719331, HDFC Bank Ltd., Puducherry Branch.
(3) To pay a compensation of Rs.2,00,000/- (Rupees two lakhs only) for mental agony and stress suffered by the complainant.
(4) To pay a sum of Rs.25,000/- (Rupees twenty five thousand only) towards the cost of litigation.

2. The case of the complainant is as follows:
On 07.12.2013, the complainant alongwith his daughter J.Jashnie opened a joint account in the second opposite party bank with initial deposit of Rs.5,000/-

The Account No. is 26321570000148 with customer ID 42763751, later on 27.01.2014, Rs.41,00,000/- being the consideration of the sale proceeds at Nagarcoil sold out was deposited in the said account. Since the complainant is aged 64 years, found it difficult to travel Chennai, on 10.02.2014, he opened an individual account in first opposite party bank in his name with initial amount of Rs.6000/- in Account No.50100035719331 under same ID. Thereafter an amount of Rs.35,00,000/- (Rupees thirty five lakhs) which was lying in second opposite party bank was transferred to the account maintained by the complainant in first opposite party bank. Later, on the same day i.e. on 10.02.2014, the complainant received a message that the said Rs.35,00,000/- was debited from his Pondicherry account i.e. first opposite party bank and credited to the account maintained in second opposite party bank.

3. The complainant further alleges that except checque book he did not receive any welcome kit from 2nd opposite party, Pallavaram Branch but at the same time he has received the welcome kit from 1st opposite party. The kit contains the ATM Card, PIN Number, Pass Book and Cheque Book. Since the money lying in his deposit was suddenly vanished the complainant was put to mental shock and he now says that the 2nd Opposite party has acted negligently and adopted unfair trade practice.

4. The second opposite party has filed the reply and same was adopted by the first opposite party. He has refuted all the allegations. He stated that the complainant and his daughter Jashnie Jabson opened a Joint Account at Pallavaram Branch, which could be operated by both of them. The second opposite party have given the net banking pin, phone banking pin and debit card Pin for bank transaction to both of them. On 27.01.2014 a sum of Rs.41,00,000/- was deposited in their account. Subsequently on 08.02.2014, the complainant himself had opened an individual account in first opposite party bank and on 10.02.2014 through net banking a sum of Rs.35,00,000/- was transferred from Pallavaram branch, i.e. second opposite party bank to Pondicherry Branch, first opposite party bank and again on the same day i.e. on 10.02.2014. The same amount of Rs.35,00,000/- was transferred from the first opposite party bank to the second opposite party bank, wherein Rs.35,00,000/- was again transferred to the complainant daughter’s account where she had separate account with 2nd Opposite party in Account No. 08471050051162 and thereafter the amount of Rs. 10,00,000/- was transferred to account of Mr. Jabson who is the husband of Jashnie D/o complainant. Again in the very next day i.e. 11/02/2014 a sum of Rs. 31,00,000/- was transferred to account stand’s in the name of complaint’s daughter lying in state Bank of India Valmiki Nagar Branch, Chennai. The Opposite parties submit that all these transfers have been made by net Banking through the IP address 115. 241. 121. 110 belonging to complainant’s daughter Jashnie Jabson who is one of the joint holder of the Joint Account of the complainant.

5. Now upon allegation and defense the following issues are framed:
(i) Whether the complainant is a consumer under the Act?
(ii) Whether there was negligence and deficiency of service and unfair trade practice as alleged by the complainant?
(iii) If so, what could be the compensation?

6. Issue No.1
The complainant has availed the services of opposite parties by paying the necessary charges. So, the opposite parties are being the service provider gave service to their customer only after collecting necessary fee. Hence, the complainant comes within the definition of Section 2(d) of Consumer Protection Act, 1986 and thereby he becomes the consumer. Therefore, issue no.1 is decided affirmatively in favour of the complainant.

Issue No. 2
7. It is agreed by both that the complainant and his daughter opened Joint Account No.50100035719331 at Pallavaram Branch, Chennai i.e. second opposite party bank. Similarly, the complainant opened an individual account at Pondicherry with the first opposite party. Ex.R1 is a opening application. On going through the said document it seems that the same is an instant Account opening application submitted before the second opposite party bank. Ex.R2 is the acknowledgement given by complainant herein which showsthat he avails all the facilities from the second opposite party bank vide Ex.R1, the complainant has nominated his son-in-law as his nominee. In this occasion, the allegation of the complainant is that the opposite parties have involved in unfair trade practice by transferring the amounts from Puducherry to Pallavaram Branch and again back all without any express instruction from the complainant.

8. In the said situation, it is not in dispute that on the same day i.e. 10.02.2014 an amount of Rs.35,00,000/- was transferred from the account maintained by the complainant with the second opposite party bank to the first opposite party bank at Pondicherry. It is also not in dispute that on the day of transfer, the said amount was again transferred from the first opposite party bank to the second opposite party bank. Though the first opposite party bank has not produced any specific document to show that the said transaction was done on the request of the complainant,the particulars found in Ex.R4 and Ex.R5 proves that the said transaction i.e. the first opposite party to second opposite party ( the word IB found in docket means that Internet Banking) was done only through internet banking, In this occasion, it would relevant to see the letter submitted by the complainant’s daughter Jashnie Jabson, which was marked as Ex.B1. The said letter was sent to the second opposite party, wherein, the complainant’s daughter has stated that as per the understanding made between her father and herself, the said amount was transferred from Puducherry Branch to Pallavaram Branch. Though the said letter was marked with objection, to falsify the contents of the letter, the complainant has not taken any steps to implead his daughter as party to the proceedings. Therefore, in the absence of specific evidence that the first opposite party voluntarily transferred a huge amount of Rs.35,00,000/- from one account to another account, we cannot decide that the amount lying in the first opposite party bank was transferred to the second opposite party bank is with the consent of the complainant or not. Being the reason that the transaction happened all are internet banking, after knowing the Pin number anybody can transfer amount from one account to another account, so we cannot blame the bank authorities as they only committed defraud and transferred the amount from the complainant’s bank account.

9. Since the bank officials has produced UTI Number of the concerned transactions, it is unbelievable that the bank themselves wantonly transferred Rs.35,00,000/- and committed deficiency of service. So, the real facts can be identified only after examination of complainant’s daughter and in otherwise, we are of the opinion that the present complaint is filed to take revenge as against his daughter and the bank officers, who maintained his account.

10. Accordingly, we are of the opinion that the complainant has not proved his case that the first opposite party bank had transferred Rs.35,00,000/- without the consent of the complainant and the same amounts to deficiency of service. So, in the absence of any satisfying evidence to show the said fact, we cannot blame the opposite parties and therefore, this compliant is liable to be dismissed. Issue No.2 is answered accordingly.

Issue No.3:
11. In view of the findings in issue no.1 and 2, the parties are directed to bear their own costs. Issue no.3 is answered accordingly.

In the result, the complaint is dismissed. No costs.

Dated this the 6th day of September 2022.

LIST OF COMPLAINANT'S WITNESSES:

CW.1 25.09.2015 Thiru.Jasper George

LIST OF OPPOSITE PARTIES' WITNESSES:

RW.1 22.09.2016 Thiru.R.Vijay Anand

LIST OF COMPLAINANT'S EXHIBITS:

Ex.C1    -                       Attested photo copy of Aadhaar card to complainant
Ex.C2    10.02.2014      Attested photocopy of the fund request letter Account No. 26321570000148 to the No. 50100035719331 HDFC Bank ltd Puducherry.
Ex.C3    10.02.2014      Attested photo copy of the requisition letter for Cheque book HDFC Bank Ltd Palavakkam Branch Account No. 2632157000014
Ex.C4     -                     Attested photocopy of the Cheque Book of Account No. 26321570000148 HDFC Bank Ltd Palavakkam Branch with Serial No. 000001 to 000025 Cheque leaves.
Ex.C5     -                     Attested photocopy of the Cheque Book of Account No. 50100035719331 HDFC Bank Ltd Puducherry Branch with serial No. 000001 to 000010 Cheque leaves.
Ex.C6    10.02.2014     Attested photocopy of Covering Letter for Welcome Kit .
Ex.C7    10.02.2014     Attested photocopy of complainant’s letter to the Manager HDFC Bank Ltd, M.G Road, Puducherry Opposite Party-1
Ex.C8     27.02.2014    Account statement of Account No. 26321570000148 HDFC Bank Ltd, Palavakkam Branch
Ex.C9    27.02.2014     Account Statement of Account No. 50100035719331 HDFC Bank Ltd, Puducherry Branch.
Ex.C10   12.03.2014    Attested photocopy of the complainant’s letter to the Manager HDFC Bank Ltd. M.G Road, Puducherry Opposite party-1 and copy of the complainant’s Letter to the Manager HDFC Bank Ltd, Palavakkam Opposite party-2.
Ex.C11    -                    Attested photocopy Passbook Account No. 50100035719331 Puducherry.
Ex.C12   13.03.2014    Attested photocopy of the postal Acknowledge from the Manager HDFC Bank Ltd, Puducherry Opposite party-1.
Ex.C13   15.03.2014    Attested photocopy reply the Manager HDFC Bank Ltd, Palavakkam Opposite party-2.

LIST OF OPPOSITE PARTIES’ EXHIBITS MARKED THROUGH CROSS EXAMINATION OF CW.1:

Ex.R1     06.12.2013       Photocopy of Instant Account Opening Form.
Ex.R2     06.12.2013       Photocopy of Instant account acknowledgement (Bank copy).
Ex.R3     03.12.2014      Photocopy of account opening form.
Ex.R4       –                    Photocopy of statement of accounts.
Ex.R5       –                    Photocopy of Statement of accounts.

LIST OF OPPOSITE PARTIES’ EXHIBITS

Ex.B1       22.07.2014       Photocopy of letter from Jashnie Jabson to the second opposite party bank.
Ex.B2         –                     Photocopy of letter from the second opposite party to the complainant.