Govind Lal Sharma held a Pension Account at the Special Branch of the State Bank of India, located in the Court Complex. He was provided with an ATM card for this account.
Unauthorized Withdrawals
On February 12, 2019, at around 4:00 pm, Sharma received a call from the number 911412822408. The caller informed him that daily debits of Rs 40,000 had been made from his account between February 4, 2019, and February 12, 2019. Sharma was surprised as he had not received any SMS notifications regarding these transactions. Upon checking, he found that his ATM card was still in his possession.
Reporting the Issue
The following day, Sharma visited the branch and reported the unauthorized withdrawals to the bank officials. He also submitted a written complaint as advised by the officials. The bank assured him that the complaint would be investigated within 15 days. Concerned about the lack of progress, Sharma lodged an FIR with the police on February 14, 2019.
Approaching the Banking Ombudsman
After a month passed without any response, Sharma approached the Banking Ombudsman for assistance. The Ombudsman did not issue any specific directions but advised the bank to resolve the grievance through its Internal Committee by following Standard Operating Procedures (SOP). However, the bank ignored this advice.
Filing a Complaint
As the bank did not take any action, Sharma filed a complaint before the Jodhpur District Consumer Forum-II. He sought compensation for the unauthorized withdrawals and the inconvenience caused.
Bank’s Defense
The bank contested the complaint and argued that Sharma did not receive SMS notifications due to “technical issues.” Furthermore, it claimed that the PIN required for completing the transactions could only be known to Sharma.
Ruling by the Consumer Forum
Despite the bank’s defenses, the Jodhpur District Consumer Forum-II overruled them. The forum ordered the bank to pay Rs 3,60,000, the amount of the unauthorized withdrawals, along with 9% interest from the date of filing the complaint. Additionally, Sharma was awarded Rs 10,000 for mental harassment and Rs 5,000 for litigation costs.
Perfect decision salute
I we keep bank liable for every fourd.Then it is better to stop All online transection. If there is any technical issues with bank Net Banking then bank will pay. If you use xyz upi app and froud happens get compensation from that app.