28.10.2024
ORDER ON ADMISSION
SMT. SUNITA .C. BAGEWADI, MEMBER
The appellant/complainant has preferred this appeal being aggrieved by the Order dt.31.10.2023 passed in CC.No.309/2022 on the file of 4th Additional District Consumer Disputes Redressal Commission, Bengaluru.
2. Perused the Order passed by the District Commission and documents. We noticed that the appellant has transferred the amount of Rs.3,47,027/- to the unknown person one Mr. Jayakrishna, Account No.922010011568690 of Axis Bank and when the said person started demanding more, the appellant could realize that she dragged to a fraudster. Subsequently, she filed a police complaint and filed a consumer complaint before the Commission praying to credit an amount of Rs.3,47,027/- with interest at 18% along with compensation.
3. The District Commission after hearing and appreciating the judgement of Hon’ble Supreme Court of India dt.27.03.2023 in Civil Appeal No.7289/2009 dismissed the complaint holding that the amounts were transferred by the appellant with her free volition/choice for which the bank cannot be held responsible. We agree with the Order passed by the District Commission because if the appellant voluntarily transfers the amounts to an unknown person without due diligent, it is a negligent on the part of the appellant only. Moreover, the Consumer Protection Act primarily addresses grievance related deficiency in service or defects in goods. The cases involved criminal natures like cheating, fraud does not fall under the purview of the Consumer Protection Act, 2019. Moreover, perused the Order Sheet of this Commission, we noticed that after filing of the appeal inspite of provided sufficient opportunities, the appellant not appeared and convince this Commission how the said appeal fit for admission. Hence, no grounds made out. Accordingly,
ORDER
The appeal is dismissed.
Send a copy of this order to both parties as well as Concerned District Commission.
Sd/- Sd/-
(Sunita .C. Bagewadi) (Ravishankar)
Member Judicial Member
KCS*
