By Sri. Mohamed Ismayil.C.V., Member.
The grievances of the complainant is as follows:-
1. The complainant is an account holder in the bank of the first opposite partyand the second opposite party is representing the Head office of the first opposite party. The complainant is holding two accounts in the bank of first opposite party i.e, account number 57038698191 and account number 57038669125. It is stated in the complaint that on 06/03/2019 an amount of Rs. 60,000/-(Rupees Sixty thousand only) was illegally withdrawn from the account number 57038698191 held by the complainant. The amount was debited as Rs. 20,000/- each in 3 times. On the very next day i.e, 07/03/2019, the complainant again lost Rs. 1,00,000/- (Rupees One lakh only) from the same account mentioned above. The withdrawal of amount was done as Rs. 20,000/- in 5 times. The withdrawal of total amount of Rs. 1,60,0000/- was done without any authorisation or permission from the side of the complainant. It is understood that the withdrawal of money through ATM were done at Jamtara, Jharkhand and at that time the ATM card was in the custody of the complainant himself. So, the complainant lodged a complaint before the opposite parties and Vengara Police Station. Later Rs. 60,000/- was credited to the account of the complainant by the opposite parties. But, the opposite parties did not credited balance of amount or Rs. 1,00,000/- in the account of the complainant so far. Though the complainant approached the opposite parties and Police of Vengara Station, no action was taken so far. The first opposite party even informed the complainant that the balance amount of Rs. 1,00,000/- will be credited in the account within 7 days. But no amount is received. The complainant left for abroad in connection with his job. Later he came back and contacted the opposite parties. But, instead, the opposite parties advised him to make a petition before the police. The act of the opposite parties caused mental agony and hardship to the complainant. The negligence of the opposite parties resulted financial loss to the complainant. The opposite parties committed deficiency in services towards the complainant. So the complainant approached the Commission praying for an direction to the opposite parties to refund Rs. 1,00,000/- as the amount unauthorisedly withdrawn on 07/03/2019 from the account No. 57038698191. The complainant also moved for a direction to the opposite parties to pay Rs.2,00,000/-(Rupees Two lakh only) to the complainant as compensation for the sufferings of mental agony and hardship due to the negligent act of the opposite parties. The complainant also claimed Rs. 5000/- as cost of the proceedings from the opposite parties.
2. After admission of the complaint, both opposite parties appeared and filed version jointly.
3. In the version, the opposite parties denied the allegations of the complainant. The opposite parties challenged the maintainability of the complaint on the ground of limitation. The opposite parties stated that the alleged incident occurred on 07/03/2019 and present complaint is filed after two years and so it is hit by Section 69 of the Consumer Protection Act 2019. The opposite parties admitted the loss of money from the account of the complainant. According to the opposite parties, the complainant had raised a complaint with respect to the transaction occurred without his permission. It is also stated by the opposite party that apart from the illegal transaction of Rs. 1,60,000/-, the complainant had raised another complaint regarding to the withdrawal of Rs. 6,500/- which had occurred on 07/03/2019 in the account No. 57038669125. According to the opposite parties, immediately on receipt of the complaint regarding the transaction the complainant was directed to move before police by the first opposite party. The first opposite party also taken up the matter before the competent authority resulting to reimbursement of Rs. 66,500/- into the account of the complainant. It is also stated that the claim of Rs. 1,00,000/- withdrawn from the account of the complainant on 07/03/2019 was not allowed by the competent authority. According to the opposite parties, the non restoration of the claim of Rs. 1,00,000/- by the competent authority is duly in order. It is averred in the version that for each withdrawals occurred on 06/03/2019, the Bank sent SMS message to its customer and also warned if the transaction was not done by the original customer, then he should immediately block his account. Immediately after the receipt of messages with respect of 3 transactions took place on 06/03/2019, then he could have blocked his ATM card, if the transaction was not done by him. So the complainant negligently acted and as a result the incident happened on 06/03/2019 again repeated on 07/03/2019. So the opposite parties are not responsible for the incidents happened on 07/03/2019. It is stated by the opposite parties that the complainant is having a duty to block his account immediately after getting knowledge of fraudulent transaction. Hence complainant is solely responsible for the loss of Rs. 1,00,000/- from his account. So the opposite parties are not legally bound to repay the amount as claimed in the complaint and the complainant is also not entitled for any compensation or cost as claimed in the complaint. The opposite parties prayed for dismissal of the complaint with compensatory cost.
4. The complainant and the opposite parties filed affidavits. The documentsproduced by the complainant is marked as Ext. A1 to A5 documents. Ext. A1 document is the receipt dated 22/03/2019 issued by the Vengara Police Station showing that a petition is filed with respect of loss money from the account of the complainant. Ext. A2 document is the copy of card holder declaration-cum- complaint form dated 22/03/2019 issued by the first opposite party to the complainant showing the complaint made in respect of the loss of money of Rs. 6,500/- on 07/03/2019. Ext.A3 document is the copy of card holder declaration –cum- complaint form dated 22/03/2019 showing the complaint made in respect the loss of money of Rs. 1,60,000/- on 06/03/2019 and 07/03/2019. Ext. A4 document is the copy of complaint dated 11/03/2019 submitted before the first opposite party by the complainant. Ext. A5 document is the copy of statement of account showing the loss of money from the account of the complainant. No document is produced by the opposite party.
5. Heard both parties in the proceedings. Perused all documents. The points considered by the Commission are :-
- Whether the opposite parties are committed deficiency in service towards the complainant.
- If the opposite parties are committed wrong against the complainant, then what relief and cost of the shall be proceedings granted to the complainant.
6. Point No.1 and 2:-
The grievance of the complainant is that he lost Rs.1,00,000/- from the bank account number 57038698191 held with first opposite party. According to the complainant, he was holding two accounts with the bank of opposite parties and he lost altogether Rs.1,60,000/- from one of the account i.e, 57038698191. It is contended that amount was withdrawn without consent of the complainant. The alleged incidents happened on 06/03/2019 and 07/03/2019 respectively. On 06/03/2019 an unauthorised withdrawal of Rs. 60,000/- took place from his account in 3 times to the tune of Rs. 20,000/- each. On the very next day i.e, on 07/03/2019, the complainant again lost Rs.1,00,000/- from his account. According to the complainant the unauthorised withdrawal took place in 5 times to the tune of Rs. 20,000/- each. It is stated by the complainant, that he made complaint before the Vengara Police and produced the receipt issued by the police and same is marked as Ext. A1 document. The complainant produced the copy card holder declaration-cum-complaint form dated 22/03/2019 issued by the opposite parties to the complainant showing the complaint with respect to the loss of Rs. 60,000/- occurred on 07/03/2019. But the complainant did not state anything about the loss of Rs. 6,500/- occurred on 07/03/2019 in the complaint or in the affidavit. The complainant produced copy of another declaration of Card holder-cum- complaint form dated 22/03/2019 issued by the opposite parties showing the complaint with regard to loss of money occurred on 06/03/2019 and 07/03/2019 and the same is marked as Ext. A3 document . The complainant also produced a copy of hand written complaint dated 11/03/2019 submitted before the opposite party by the complainant and same is marked as Ext. A4 document. Going through Ext. A1 to A4 document it can be seen that the complainant had lost Rs. 1,60,000/- from his account. But in the complaint it is admitted that Rs. 60,000/- was refunded by the opposite parties into his account. So the complainant agitated before the Commission for the refund of Rs. 1,00,000/- as the balance amount which lost from his account. The complainant produced account statement showing the loss of Rs. 1,60,000/- and marked it as Ext. A5 document. The opposite parties vehemently opposed the argument of the complainant as the complaint is barred by limitation. So the Commission considered the maintainability of the complaint before examining evidence pertaining to the allegation of loss of money. According to the opposite parties the alleged incident took place on 07/03/2019. But the complainant approached the Commission after the expiry of 2 years. The Commission can be seen that the arguments of counsel of the opposite parties find a good place in the evaluation of evidence. The Commission finds that the complaint was filed on 04/08/2021 i.e, after a period of 29 months. According to the complainant, he was left for abroad in connection with his job. Moreover no steps were taken to condone the delay by the complainant. As per provision of the Consumer Protection Act 2019, the Commission cannot entertain a complaint unless it is filed within 2 years from the date on which the cause of action has arisen. The complainant failed to adduce sufficient cause for not filing the complaint within the prescribed period. Hence the complaint is dismissed.
Dated this 24th day of April, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext.A1 : Document is the copy of receipt dated 22/03/2019 issued by the Vengara
Police Station showing that a petition is filed with respect of loss money
from the account of the complainant.
Ext. A2 : Document is the copy of card holder declaration-cum- complaint form
dated 22/03/2019 issued by the first opposite party to the complainant
showing the complaint made in respect of the loss of money of Rs. 6500/-
on 07/03/2019.
Ext. A3 : Document is the copy of card holder declaration –cum- complaint form
dated 22/03/2019 showing the complaint made in respect of the loss of
money of Rs. 1,60,000/- on 06/03/2019 and on 07/03/2019.
Ext. A4 : Document is the copy of complaint dated 11/03/2019 submitted before
the first opposite party by the complainant.
Ext. A4 : Document is the copy of statement of account showing the loss of money
from the account of the complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
