ORDER

01.07.2024

SH. RAJESH, MEMBER

1. Vide this order we will be deciding the maintainability of the present complaint.
2. Present complainant has been filed by complainant seeking direction to OP to refund the amount of Rs. 60,000/- which was fraudulent deducted from the complainant’s bank account and pay compensation amounting to Rs. 2,00,000/- against mental agony and harassment caused by the OP to complainant.
3. The case of the complainant is that complainant is operating a saving bank account in the OP Bank.
4. It is stated that a sum of Rs. 60,000/- was fraudulently deducted from complainant’s abovementioned bank account on 04.10.2022 by fraudster impersonating himself as an Army official.
5. It is stated that the complainant made several visits to the officials of OP and requested to reverse amount illegally withdrawn from his bank A/c but all in vain.
6. It is stated that from 04.10.2022 to 08.10.2022 the OP No. 1 also conducted temporary amount reversal cycle to check if the fraudulent transaction still existed in the account of the complainant.
7. It is stated that in the month of December 2022 complaint of complainant was closed by the OP No.1 and OP No.1 refused to refund the amount to complainant.
8. It is stated that the banking transactions of the complainant were blocked for around three months and the online service facilities of the complainant are still blocked by the OP for past one and half years.
9. It is stated that on 16.03.2024 the complainant issued a legal notice to the OP No. 1 through his counsel but same was not replied.   
10. Complainant has approached this Commission seeking direction to OP1 to refund Rs. 60,000/- fraudulently withdrawn from his bank account with interest, cost and compensation.
11. From the bare perusal of the facts and allegations made in the complaint by the complainant it is apparent that complainant is seeking direction to OP1 to refund Rs. 60,000/- fraudulently withdrawn from his bank account with interest, cost and compensation.
12.  The Point for consideration before us is whether not reversing amount illegally and fraudulently from the saving account of a customer is a consumer dispute.
13. It is pertinent to mention that matter pertains to year June 2022 however till date complainant has not placed on record investigation report by Police.   
14. It is relevant to consider judicial pronouncement touching the issue involved in the present complaint case.

In Sheenam Raheja vs State Bank Of India CC NO. 10 OF 2011 decided on 19 May 2023 by Hon’ble NCDRC it was observed: - 

11. The matter clearly has issues of a criminal nature involved warranting a proper investigation under the relevant sections of the Indian Penal Code. Such issues cannot be deal with under the Consumer Protection Act or in a Consumer Court which is required to dispose of matters through summary proceedings. A matter of forgery of cheques and requisition slips cannot be dealt with in this Commission for this reason. A consumer complaint alleging deficiency in service on the part of the Bank cannot be adjudicated until the nature of deficiency is prima facie established. As is manifest in the instant matter, until the FIR before the EOW, Delhi Police get finalised and the charge sheet before the appropriate court of law is finalised, it would not be possible for this Commission to adjudicate the matter.

12.   For the foregoing reasons, this complaint is dismissed as being infructuous at this stage with liberty to the complainant to approach this Commission appropriately as and when there is an order establishing the liability of the opposite party in order for the prayer to be considered and adjudicated as per the provisions of the Consumer Protection Act, 2019.

15.  In the present case also there are allegations of fraud, cheating and theft on account of which money was withdrawn from the bank account of the complainant same cannot be adjudicated upon by this Commission under C.P. Act, 2019 unless there are direct allegations of deficiency in services or unfair trade practice adopted by OP1 after conclusion of investigation by police authorities.
16. On the basis of above statutory position, judicial pronouncements observations and discussions and for the foregoing reasons, present complaint is dismissed.
17. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in.

File be consigned to Record Room.

Announced in open Commission on 01.07.2024.

(SANJAY KUMAR)                                      (RAJESH )

PRESIDENT                                               MEMBER