C.C. No.421/2022

Rajendra Das,

S/o. Pratap Das,

Vill./P.O.- Bhutmundai,

P.S.- Paradeep Lock,

Dist.- Jagatsinghpur.……… Complainant

1. Branch Manager, State Bank of India,

Paradeep Branch,

At- IFFCO Chhak,

P.O./P.S.- Paradeep,

Dist.- Jagatsinghpur.

2. Zonal Manager, State Bank of India,
3.  

Dist.- Khurda. …..… Opposite parties

For Complainant………..Mr. D.N. Acharya, Advocate

For Opposite Parties ………..Mr. A.K. Mishra & Associates

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                        JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of C.P. Act, 2019 seeking following relief;

            “Direct the opposite parties to restore Rs.74,200/- with interest deducted from the account of the complainant by hackers for the technical negligence of the opposite parties and pay compensation Rs.1,00,000/- towards mental agony and Rs.1,00,000/- towards financial loss and cost of litigation.”

            Brief fact of the complainant is that, the complainant has got S.B. A/c No.62264021339 in the Branch of the opposite party No.1 and the mobile number of the complainant is 9861470594 was attached to the said account and the said account was linked with to the ICICI A/c with mobile No.94388618771, but the account is debited without any OTP message after change of linked mobile number. Surprisingly from 02.02.2021 to 19.5.2021 Rs.27,200/- has been wrongly and illegally transferred from the account of the complainant without his knowledge and thereafter on 22.5.2021 to 27.5.2021 Rs.47,000/- has been transferred from the account of the complainant without his knowledge. When this fact came to the knowledge of the complainant on 29.5.2021 he immediately gave in writing to the opposite party No.1 and approached for restoration of the amount illegally transferred from his account. But on 22.9.2022 the opposite party No.1 gave evasive reply to the complainant.

            Opposite parties filed their written version stating as under;

            The complaint petition is not correct as the SB A/c No.62264021339 as stated in the petition does not belong to complainant but the attached account statement is of the complainant. The transfers from 02.02.2021 to 19.5.2021 are by debit card of the complainant and also some of the debit by phone pay and as such the bank has no scope to know regarding the illegality of transfer as alleged by complainant.  Therefore the complainant has to inform in the police station who are competent to enquire and trace out the culprits.

            The transaction has been made through credit card and phone pay where there is no control over bank and the alleged transaction are fraudulent transactions as per the disputed fact. This Commission is not empowered to enter into any disputed fact and it is open for the complainant to approach appropriate forum to seek for justice. We find no deficiency in service or unfair trade practice on the part of opposite parties as such the consumer complaint is dismissed. No cost. 

            Pronounced in the open Commission on this 23^rd October,2024.