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.90,000/- in her saving bank account alongwith interest from the date of withdrawal till actual realization. Opposite party 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 parties 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.047951100001127 with Yes 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.90,000/- in two different transaction of Rs.50,000/- and Rs.40,000 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without the active connivance of officials of the bank who must have facilitated such like notorious persons who have withdrawn amount in question from her account.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 and is liable to be dismissed; complainant has not approached this Hon'ble Commission with clean hands and concealed true and material facts from this Hon'ble Commission; complaint of the complainant is totally false and facts mentioned in the complaint are totally wrong and incorrect and the complainant is stopped by his act and conduct from filing the present complaint. On merits, it was submitted that during the investigation the complainant got recorded her statement with the Officer of opposite party. It has come into light that the complainant raised query of SBI Credit card on Goggle search and called on unknown number "18002089864" being "SBI Customer Care" number, which was later disconnected. But later on complainant received the call from unknown three numbers "9641232781, 9883007879, 9827357837" and download the "Any Desk Application" on her mobile phone on the illegal instructions of the suspected Caller. She herself share her 16 digits card number, CVV, expiry date with the unknown Suspected Caller in subtle of violation of the Security policy of the opposite party, which are confidential in nature and should not be shared with any one as per Security policy of the opposite party and further the complainant acted upon the illegal instructions of the unknown suspected person by clinking and opened of the OTP's SMS Alert Messages, received by the complainant, due to which online fraud occurred and the complainant suffered the loss. It has next submitted that the complainant does not have any credit card with the opposite party. The complainant has a savings account and an ATM Card linked to the said savings account with the opposite party. Opposite party had on the receipt of the complaint of the complainant, immediately an enquiry was initiated by the opposite party Bank. During the enquiry, which involved ascertaining voice call with her, it has came into light that the complainant has become the victim of the Vishing Category of crime due to her own negligence in of violation of the Security advisory of the opposite party. As such the amount withdrawn from the complainant bank account was due to her sole negligence and fault. Thus, there is no deficiency in service on the part of the opposite party. 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-3.
5. Ld.counsel for the opposite party tendered into evidence affidavit of Sh.Sahil Gupta Deputy Branch Manager Ex.ORW-1/A alongwith copies of documents Ex.R-1 to Ex.OR-4 and closed the evidence.
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-2.
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 08, 2022 Member
*MK*
