FINAL ORDER/JUDGEMENT

SHRI REYAZUDDIN KHAN,MEMBER

This is an application U/S 35 of the C.P. Act, 2019.

The fact of the case in brief is that the Complainant received a phone call from mob.no.9339485707 on 03.02.2022 at about 6.54 pm for a recharge of Rs,10/ for verification of KYC of SIM card through the online application. The complainant paid Rs,10/ from his A/C(Debit card). Then after a short while he received a message from UCO Bank that Rs,40,000/ was deducted and debited from his account  One Mobikwik system,Haryana at about 7.37 pm.The complainant immediately blocked his card and all online transactions.The complainant stated that he lodged the complaint  to Lal Bazar Cyber Crime Cell and made a General Diary with local Karaya Police station.He also informed the matter to UCO Bank 13,Camac Street,Kolkata dated 09.02.2022 by letter.later,on the basis of the complaint ,the Bank resolved the matter and credited the amount of Rs,40,000/ to his account on 28.02.2022.The complainant  further stated that on 08.08.2022 UCO Bank again debited Rs,40,000/ from the complainant’s account which was already resolved without prior information.The complainant escalated the matter with the UCO Bank Branch Office,UCO Bank Zonal Office through letters but all  efforts were in vain.The complainant had no other option but to take up the matter with RBI-Banking Ombudsman on 02.02.2023 and made an online complaint/grievance by no.N20223023408230 but it was closed and settled by the RBI- Banking Ombudsman in favour of UCO Bank and also referred to Forum/Legal Authority.Finally,the complainant  took the matter to this commission and prayed before the Commission to refund of the amount of Rs,40,000/ from UCO Bank and a compensation for harassment and mental agony.                                                                                                                                                                                                                   

OP did not resist the consumer’s complainant despite service of notice .No WV has been filed by the O.P within the statutory period.Thus the case runs ex-parte hearing against the OP.

In support of his case the complainant has tendered evidence supported by affidavit and also relied upon documents annexed with the complainant petition. Complainant has also filed written argument. We have heard argument and perused the record.

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1) Whether the OP is deficient in rendering proper service to the complainant?
            2)   Whether the OP has indulged in unfair trade practice?

3)    Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3:-

All the points are taken up together for sake of convenience and brevity in discussion. Facts remain that the complainant has received a call to recharge Rs10 for verification of  KYC of his mob.SIM card through the online application.After payment of Rs,10/ he received a message from UCO Bank that  Rs,40,000/  debited from his bank account. Immediately the complainant blocked his card and all online transactions and lodged a complaint in Lal Bazar Police station’s Cyber Cell Branch.The same matter was communicated to the UCO Bank too through written application.The UCO Bank resolved the issue and credited the deducted amount of Rs,40,000/ in the complainant’s account .on 08.08.2022 once again Rs,40,000/ debited from complainant’s Bank account without any prior intimation. The complainant immediately informed the matter to Bank authorities,he escalated the matter with RBI-Banking Ombudsman on 02.02.2023 but all the efforts were in vain.

 Further,After receiving the complaint regarding the complainant’s issue,the Bank have not taken any step to resolve the matter and no letter was issued to the complainant in his favour.It was the utmost duty of the Bank to satisfy their customer when any dispute arises.The Bank authority neglected the grievance of the complainant though he has account in the concerned Bank.The Bank authorities have not entered into appearance and not responded the court’s notice.So it leads to negligence of duty and unfair trade practice on the part of bank ,they tried to escape from their liability.

As such we are of the considered view that there is  deficiency in service on the part of the OP and unfair trade practice have been adopted in the said matter.

In the result the complaint succeed .

Hence,

                                                         ORDERED

        That the Complaint Case be and the same is disposed of on ex-parte against OP

OP Bank is directed  to refund Rs,40,000/ (Rupees Forty Thousand)only to the complainant within 45 days from the date of  passing of this order.

Op is also directed to pay Rs.10,000/- as compensation for harassment and mental agony.

The complainant is at liberty to put the matter into execution if the OP transgress to comply the order of this commission.