DISTRICT CONSUMER DISPUTES REDRESSALCOMMISSION: WEST TRIPURA : AGARTALA

 

 

CASE   NO:   CC- 09 of  2023

 

Sri  Pinaki Dasgupta, 

S/O- Lt. Debendra Ch. Dasgupta,

Indranagar, P.O. Indranagar,

P.S. East Agartala, Agartala,

District-West Tripura- 799007. .................Complainant.

 

-VERSUS-

 

1. Union Bank of India, Head Office,

 

 

2. Union Bank of India,

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

For  the  O.Ps : Sri Prabir Saha,

 

 

 

F I N A L    O R D E R

1. This case U/S 35 of the Consumer Protection Act, 2019 has been filed by Sri Pinaki Dasgupta of Indranagar, Agartala, West Tripura(here-in-after called as “the complainant”) against General Manager, The Union Bank of India, Head Office, Mumbai( here-in-after called as “the O.P. No.1”) and the Branch Manager, Union Bank of India, G.B. Bazar Branch, Agartala, West Tripura (here-in-after called as “the O.P. No.2”) alleging deficiency in service on the part of the O.Ps.

1.1 The case of the complainant in short is that the complainant have a Savings Bank Account vide No.571602010006770 in the Union Bank of India, G.B. Bazar Branch, Agartala, i.e., the O.P. No.2 which he opened for receiving his salary from the Treasury, Govt. of Tripura.

1.2 On 02.08.2021 the complainant received his monthly salary amounting to Rs.27,947/- and the amount was credited in the aforesaid S/B A/c of the complainant. After few minutes the complainant received SMS about debit of Rs.5000/- and immediately thereafter another SMS of further debit of Rs.5000/- from the S/B A/C of the complainant. Unauthorized transactions were also took place on 12.07.2021 for Rs.10/-, again on 12.07.2021 for Rs.500/- and on 22.07.2021 for Rs.492/-, in total Rs.11,002/-. 

1.3 The complainant made written complaint before the O.P. No.2 on the same day.  G.D. Entry was also lodged vide G.D. Entry No.17 of 02.08.2021   at G.B. Out post, Agartala, West Tripura.

1.4 The complainant visited the O.P. Bank on several occasions  lastly on 22.10.2022 but the money was not refunded by the O.P. Bank till date. 

1.5 Hence, this complaint for directing the O.P. Bank for refund of the amount of Rs.11,002/-, compensation and litigation cost. 

2. O.P. in their written objection have stated that the Account of the complainant was hacked due to the own fault of the complainant. Further pleaded that payment of Rs.11,002/- was made to Amazon Mumbai through his Amazon Application and the details of  account statement clearly speaks that payment has been made through Amazon, meaning thereby, “A Pos(Point of Sale) machine is an electronic device through which a customer can make payment to merchant in exchange for goods or after provision of a service through debit/credit/ prepaid cards or QR scanning” for and amount of Rs.11,002/- by 5 nos. of stroke.

2.1 It is further stated that if any person made any transaction through Amazon Pay the person concern firstly register his mobile number which is linked with the Bank Account and then Amazon Pay generate UPI(Unified payment Interface) ID automatically and transaction is to be made through UPI,  until and unless 4 or 6 digit has not been shared or the Bank Account Number/Adadhaar Car number or the CVV/ ATM Pin as well as the OTP  nobody can withdraw any amount from the Bank Account. 

2.2 It is further stated by the O.Ps  that previously the complainant lodged complaint before this Commission and that the said complaint was dismissed on  22.08.2022 with the findings that “from the evidence of D.W.-1, we find that Bank regularly use to send SMS of the bank customer from the Auto Generate system that, not to share the Date of Birth, Aadhaar Number, OTP, PIN and CVV number in any way to any unknown persons it is disposed that, complainant disposed that complainant share the secrete PIN code number/OTP as well as ATM card number, by which the hacker party withdraw the said money through Paytm system”. Inspite of cautions given by the Bank authority if the person concerned share the Secrete Pin code and ATM card number it can not be said that the bank if liable for any loss. 

2.3 From the transaction statement it is found that all the transactions were made through Pos(Point of Sale) machine which is an electronic device through which a customer can make payment to merchant in exchange for goods or after provision of service through debit/ credit/prepaid cards or QR scanning.  

 

3.  Complainant submitted evidence on affidavit along with documents. The O.P. also submitted evidence on affidavit. 

4. The following points are taken up for discussion and decision:-

 

Decision and Reasons:-

5. Both the points are taken up together.

5.1 It is the contention of the complainant that  the amount of Rs.11,002/- has been debited from the account of the Complainant. On the other hand O.P. took the defense that the complainant had made payment to Amazon Application by means of Pos using his debit/credit prepaid card which is clear from the statement of the Account of the complainant. It is also the stand of the O.P. that nobody can withdraw any amount from the Bank Account unless or either 4 or 6 digit  is shared  or the CVV/ATM Pin as well as the OTP. Bank used to send SMS not to share “Date of Birth, Aadhaar Number, OTP, PIN & CVV Number as well as the ATM Card Number, inspite of that caution if the Account Holder shares the same it can not be said that Bank is liable for that loss. The complainant might have shared the details through which the amount has been debited from his Bank Account which the complainant has suppressed. On perusal of the Statement of Account of the complainant we find that the payment was made on 02.08.2021 for an amount of Rs.5000/- again  on the same day Rs. 5000/-and also on 22.07.2021 for an amount of Rs. 492/-, Rs.500/- and Rs.10/- through Pos: Amazon/ Mumbai. It is also not the case of the complainant that money has been withdrawn fraudulently from the Account through ATM rather, it is the case that money was debited through online payment to Amazon, Mumbai which is proved from the statement of Account of the complainant. Hence, it can not be said that the Account of the complainant was hacked or money was withdrawn fraudulently from the account of the complainant. We do not find that money was debited due to the fault of the Bank and that there is any deficiency in service on the part of the Bank as per RBI guideline. Similar issue was decided by this Commission against the complainant vide order dated 22.08.2022 for 5 nos. of transaction for the period 14.09.2020 to 18.09.2020 for Rs.2420 which although the complainant has suppressed but the O.P. has submitted copy of order dated 22.08.2022. 

5.2 Accordingly the points are decided against the complainant.

6. In the result, the complaint is dismissed however, without any cost.

7. Supply copy of this order to both the parties free of cost.  

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.