Complainant Smt.Devinder Kaur has filed the present complaint against the opposite party U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to credit the amount of Rs.3,96,038/- in her saving bank account alongwith interest from the date of withdrawal till actual realization. Opposite parties be further directed to pay Rs.50,000/-  as compensation on account of mental agony, physical harassment and deficiency in service on the part of the opposite party alongwith Rs.10,000/- as litigation expenses, in the interest of justice.

2.       The case of the complainant in brief is that she is having Saving Bank Account No.19430100001022 with UCO Bank of India. She is also facility of ATM Card, Internet banking and UPI App. To her utter surprise some stranger withdrew an amount of Rs.3,96,038/- in different  transaction on 16.11.2021 from the above mentioned account illegally and fraudulently, whereas she never made the abovesaid transactions. On coming of know about this fact, she approached opposite party bank immediately and requested for marking hold on the abovementioned account and also requested for blocking her credit card. Thereafter, she time and again requested for doing needful into the matter, holding proper inquiry into the matter and for the refund of above mentioned amount. She supplied all the requisite documents to the bank from time to time but till today the amount has not been credited in her account. On account of in action on the part of bank, she is suffering physically, mentally as well as financially for no fault on her part. She never shared/disclosed secret codes of her ATM Card. As such withdrawal of such like amount from her account is not possible without the active connivance of officials of the bank who must have facilitated such like notorious persons who have withdrawn amount in question from her account. Thus, it is clear cut deficiency in service and unfair trade practice on the part of the opposite party. Hence this complaint.

 3.          Notice of the complaint was issued to the opposite party who appeared through their counsel and filed their written reply taking the preliminary objections that the complaint is not maintainable in the present form; no cause of action has accrued to the complainant against opposite party for filing the present complaint; the present complaint is sheer misuse and abuse of the process, as the complainant has leveled allegations of fraud and this Hon'ble Commission has got no jurisdiction to try such like complaint; the complainant has not come to the Commission with clean hands and has filed a false complaint with sole motive to cause unnecessary harassment and inconvenience to the opposite party. On merits, it was submitted that no one had access to ATM of the complainant, nor was it ever missing. Only the complainant was aware of the four digit Pin number which is essential to operate the ATM Card.  ATM Pin must have been either disclosed by the complainant to some other person, who may have withdrawn the alleged amount. Moreover, as per the terms and conditions, loss of card by the card holder should have been immediately been notified to the branch in writing from where he had obtained her card. So any financial loss arisen out of unauthorized use of the card till such time the bank records the notice of loss of card will be to the card holder's account. In the present case, the complainant has failed to bring this fact to the notice of opposite party immediately from the date of loss of her card.  Moreso, as per term and condition of ATM Card, the complainant is liable for all ATM Transactions. It was her duty to take immediate steps to stop its misuse. Moreover, as per version of complainant, it is case of fraud and the same cannot be adjudicated in summary proceedings under Consumer Protection Act.  All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.   

4.       Ld.counsel for the complainant tendered into evidence affidavit of complainant Ex.CW-1/A alongwith other documents Ex.C-1 to Ex.C-4.

5.     Ld.counsel for the opposite party tendered into evidence affidavit of Sh.Deepak Kumar Manager Ex.OPW-1/A.

6.       Written arguments have been filed by the complainant.

7.     We have carefully gone through the pleadings of counsel for the complainant; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the parties for the purposes of adjudication of the present complaint.

8.         Present complaint requires detailed evidence which is possible before a Civil Court. This complaint is apparently a case of fraud and an application to that effect has been given to the cyber crime wing of the Police by the complainant vide Ex.C-3.

9.    In our considered opinion this case is best disposed off with the direction to the complainant to seek remedial measure under Civil Court if she so desired and advised.

10.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

11.    Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

            (Naveen Puri)

                                                                            President   

Announced:                                                   ((R.S.Sukhija)

December 22, 2022                                              Member

*MK*