State Consumer Disputes Redressal Commission
Manager, State Bank Of India vs Ranjit Sarkar on 5 March, 2019
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/99/2017 ( Date of Filing : 25 Jan 2017 ) (Arisen out of Order Dated 20/12/2016 in Case No. Complaint Case No. CC/405/2016 of District Kolkata-II(Central)) 1. Manager, State Bank of India Metiabruz Branch, Kolkata - 700 024. ...........Appellant(s) Versus 1. Ranjit Sarkar P.O.- Khalisani, Brahmin Para, Chandernagar, Pin - 712 138. 2. Additional General Manager-system, S.B.I Strand Road, Kolkata - 700 001. 3. Chairman, S.B.I. Corporate Centre Madam Cama Road, State Bank Bhawan, Mumbai - 400 021. 4. Joint C.P. Crime, Kolkata Police Headquarters Lal Bazar, Kolkata - 700 001. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER For the Appellant: Ms. Deblina Lahiri., Advocate For the Respondent: Ms. Kalyani Bhattacharjee., Advocate Ms. Kajal Bhattacharjee., Advocate Dated : 05 Mar 2019 Final Order / Judgement Sri Shyamal Gupta, Member
Both the Appeal Nos. A/99/2017 and A/392/2017 arise out of the Order dated 20-12-2016, passed by the Ld. District Forum, Kolkata-II (Central) in CC No. 405/2016, whereby the complaint case has been allowed. Accordingly, for the sake of brevity and convenience, I deem it appropriate to dispose both these Appeals through this common order.
In a nutshell, case of the Complainant was that an amount of Rs. 12,005/- and another sum of 600/- were unauthorizedly transferred from his account without his knowledge. Necessary complaint though lodged with different authorities by him, it did not yield any positive result. Therefore, the complaint case was filed.
The OP Nos. 1 to 3, on the other hand, submitted that it is the prime responsibility of the ATM holder to ensure safe keeping of the said card along with relevant particulars. Holding the Complainant entirely responsible for the alleged illegal transfer of money by disclosing the ATM Card particulars to an outsider, they denied any liability in the matter.
Decision with reasons Although due notice of this Appeal was served upon all the parties, at the time of hearing, Ld. Advocates for the Complainant and OP Nos. 2&4 remained present, who were heard at length on the matter. Besides, I have also gone through the documents on record, including the citations referred to by the Ld. Advocate appearing on behalf of the OP Bank.
The allegation of the Complainant is that some unauthorized online transactions took place through his savings account as a result of which he lost a sum of Rs. 12,605/- in total. The OP Bank shrugged off any responsibility in the matter and held the Complainant entirely responsible for the same accusing him of disclosing secret particulars pertaining to the ATM Card to an outsider.
For better illustration, let us first see, how online transactions take place. It may not be out of the context to state here that this procedure was explained by another nationalized bank, Indian Overseas Bank, in an Appeal filed by it before this Commission bearing No. A/1238/2017.
"For making payment or doing any online transaction by net banking, the first and foremost requirement is Inter Banking Login ID and password, which only the customer will be knowing as he is the person who set the ID and password for internet banking. Even if any person by any mischief gets the detail of Internet Banking and password, fund can only be transferred when that person enters One Time Pin (OTP) which is generated by the online server and sent as SMS to the registered mobile number of the customer with the Bank. Without the OTP, system will not allow any transfer/transaction of funds".
It appears from the above that in order to make an online transaction successful, it is imperative to put the OTP that is sent to the registered mobile number of the account-holder. Therefore, it can be safely presumed that in respect of the disputed transactions too, OTPs were sent to the mobile number of the Complainant. Unfortunately, no such documentary proof is placed before me from the side of the OP Bank that OTPs were sent to the Complainant's mobile number. It is to be kept in mind that, had there been due wherewithal on the part of the OP Bank to prove this aspect, it could easily collect necessary particulars from the concerned service provider in order to put at rest all confusion in the matter. In view of this, I do not think, by allowing the instant complaint, the Ld. District Forum committed any infirmity.
It is though contended by the Ld. Advocate for the OP Bank that without having access to the User ID and password or the ATM particulars, no online transaction can take place, if we take an empirical view, we would come across thousands of such instances where miscreants stumble upon those sensitive information taking undue advantage of the vulnerability of the Indian Banking system. Cyber crime is a worldwide menace and therefore, by resorting to rhetoric, we can no longer keep the truth under the carpet. In fact, taking due cognizance of the menace that has gripped the Banking Industry as a whole, the RBI has time and again asked Banks to upgrade their system, but in vain. Citing enormous cost implications of such technological upgradation, Banks are refusing to toe the Regulatory line in a timely manner, thereby leaving hapless customers in the lurch.
Be that as it may, in absence of cogent proof to suggest that OTPs were sent to the mobile number of the Complainant, I refrain from interfering with the impugned order save and except exonerating the OP Bank from the liability of paying penal damage amount in terms of the impugned order.
Hence, O R D E R E D Appeal bearing nos. A/99/2017 and A/392/2017 hereby stand allowed in part and dismissed, respectively. The impugned order is modified to the extent that the State Bank of India need not pay any penal damage to the Ld. District Forum. Otherwise, the impugned order shall remain unaltered.
Let the original copy of this order be kept in the case record of A/99/2017 and a photocopy thereof in A/392/2017. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER