Amrinder Pal Singh Sehgal vs Bank Of India on 24 February, 2022

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Central Information Commission

Amrinder Pal Singh Sehgal vs Bank Of India on 24 February, 2022

1. The issues under consideration arising out of the second appeal dated 09.09.2019 include non-receipt of the following information sought by the appellant through the RTI application dated 09.03.2019 and first appeal dated 07.05.2019 :-

"Account Name :- Amrinder Pal Singh Sehgal Account number :- ************295, Customer ID : ******095

(i) The status of the complaint given at above mentioned bank branch on 28 February 2019

(ii) State the Name, Designation, Contact Number and Office Address of the officer handling my complaint.

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(iii) State the daily progress made on the above mentioned complaint since 28 February 2019.

(iv) Provide the copy of action taken report on the above mentioned complaint.

(v) State the name and address of the department handling the above complaint.

(vi) State the safety measures that one can take to protect himself from above mentioned banking frauds apart from OTP.

(vii) Provide the certified copy of rules or citizens charter or any other documents stipulating the time frame in number of days, by which such a complaint/matter should have been dealt with and investigated by authority.

(viii) Provide the details of action taken by higher authority against erring employees if concerned officer has not adhered to time limit mentioned in rules.

(ix) State the further action that can be taken in case the issue remains unsolved at this stage.

(x) If no action has been initiated state the reason on record be made known to him with name, designation and contact details of higher authority of these officials which one can approach.

(xi) State the location, medium/mode of operation and website through which the above mentioned card has been attempted to be misused.

(xii) State the name of the person along with the IP address (if used over the online transaction) who tried to misuse the above mentioned Debit Card along with the timing.

(xiii) State if one is eligible for compensation is case of banking fraud, if yes, then state the procedure and details.

(xiv) State the procedure and details through which one can get the money back that has been lost due to banking fraud.

(xv) State if FIR has been done by the bank in this regard, if no then state the reason for the same.

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(xvi) State the guidelines, procedure and details given by RBI in case of Debit Card Banking Fraud".

2. Succinctly facts of the case are that the appellant filed an application dated 09.03.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of India, New Delhi, seeking aforesaid information. The CPIO vide letter dated 01.05.2019 replied to the appellant. Aggrieved with the same, the appellant filed first appeal dated 07.05.2019. The First Appellate Authority (FAA) vide order dated 21.06.2019 disposed of the first appeal. Aggrieved by that, the appellant filed a second appeal dated 09.09.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 09.09.2019 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 01.05.2019 and the same is reproduced as under:-

(i) "Branch had taken cognizance of your complaint and enquired into.

Understandably, no transactions were initiated and/or generated.

(ii) The complaint had been entrusted to Ms. Shivani, Officer, Bank of India, East of Kailash Branch, New Delhi, having contact No. 41602929.

(iii) No Transactions were initiated and no amount was debited in the account, Branch had no grounds of taking any action. However, Branch had apprised the concerned Department.

(v) The matter has been taken up the concerned Branch with Data Centre at Delhi besides CPD Card Department at HO and SMS Alert Department.

(vi) One should contact the Branch/Bank immediately.

(vii) Certified copy of rules or citizen charger can be had through branch concerned.

In case of fraudulent withdrawal from account, customer is required to visit the Page 3 of 6 nearest branch and get his card hotlisted immediately. Time schedule for lodging insurance claim is as under:

                          Master           Visa Chargeback   Rupay Chargeback
                          chargeback

Chargeback can 120 days from date 60 days from date 60 days from date be raised within of transaction of transaction of transaction Chargeback 45-90 days from 15-35 from date of 25-45 days from resolution within date of chargeback chargeback date of chargeback Insurance claim 210 days from date 210 days from date 270 days from date from should be of transaction of transaction of transaction

(viii) Since no transactions were initiated, the queries become infructuous.

 (ix)    No such information is available.
  (x)    No such information is available.
 (xi)    It is a hypothetical question and needs no reply.
(xii)    This is a hypothetical question. However, in case of fraudulent withdrawal, Please

contact the nearest branch immediately for hotlisting the Card.

(xiii) No FIR has been lodged by Bank as no transactions were initiated.

(xiv) Please visit RBI's/Bank's website."

The FAA vide order dated 21.06.2019 upheld the reply given by the CPIO.

5. The appellant and on behalf of the respondent Shri Dinesh Singh, Senior Manager (Law), Bank of India, Delhi, attended the hearing through audio conference.

5.1. The appellant inter alia submitted that he had sought information regarding unauthorized generation of OTPs which were sent to his registered mobile number through SMS alert. He had asked for the source of generation of OTPs and had requested for the bank authorities to initiate action in that regard. The appellant further argued that the provisions of the Information Technology Act could be invoked and that the bank officials were under an obligation to initiate investigation against those offences in respect of the security breach of the customer's account or mobile details.

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5.2. The respondent while defending their case and endorsing their reply dated 01.05.2019 inter alia submitted that they had provided point-wise information/reply to the appellant. Besides, the Chief Manager of the bank had also written to the appellant on 10.06.2019 that they had followed up and received the data from HO SMS alert, but still they were unable to understand from where the OTPs were generated as no transactions were generated in his account for the specific dates mentioned in the complaint dated 28.02.2019. Moreover, they had mailed to the concerned Department for the details of OTPs and assured to provide the same as soon as they received the information. The respondent further clarified that no FIR had been lodged or no monetary loss had been suffered by the appellant, therefore, they could not have initiated any investigation thereof.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that due reply was given by the CPIO on 01.05.2019. The appellant raised complaint regarding receiving multiple OTPs on his registered mobile number without having initiated any transactions. The bank had duly informed that they were not the custodian of the information, however, they had collected data from concerned department that no transaction was generated in respect of his account. Moreover, the respondent could not have discharged the functions of police authorities and initiate investigation at their end. That being so, there appears to be no ground for further intervention in the matter. Accordingly, the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date: 23.02.2022 Authenticated true copy R. Sitarama Murthy ( आर.

सीताराम मूत ) Dy. Registrar (उप पंजीयक ) 011-26181927(०११-२६१८१९२७) Page 5 of 6 Addresses of the parties:

CPIO :

1. Central Public Information Officer, Bank of India, Star House, H-2, Connaught Circus Middle Circle, New Delhi-110001 First Appellate Authority, Bank of India, Star House, H-2, Connaught Circus Middle Circle, New Delhi-110001 AMRINDER PAL SINGH SEHGAL Page 6 of 6

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