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The brief facts in CC.No.12/2016 is that complainant maintained NRE SB account joint with his wife Smt. Anuradha Bhat since 1982 and other deposits in the name of family members.  On 25.06.2015 he was shocked to receive an intimation from OP No. 1, Puttur Branch about debiting of Rs.5,72,000/- from his account though there was no request by him for such transfer of funds.  When he contacted OP bank over telephone and requested to reverse the transaction, OP No.1 apologised trough e-mail for their negligent act stating that the debit information was meant for other customers.  He later verified with the bank statement of accounts of himself and his wife and son at Puttur as well as Kodialbail Branch, Mangalore on suspicion, to his utter shock and dismay came to know that a sum of Rs.2,51,000/- was debited in favour of M/s.Ridhi-Sidhi Enterprises from his NRE Account and a sum of Rs.80,000/- was debited on 20.06.2015 in favour of some Tuishimh Hungyo from his NRO account which is never requested by him for such transfer.  Initially OP No. 1 promised to correct by debiting the account, but, failed to keep up such promise.

In all the three complaints complainant caused legal notice dated 26.11.2015, 10.12.2015 and 06.11.2015 respectively was not complied with. 

OPs contested the complaints have submitted their version admitting NRE SB account and NRO SB account maintained by complainant and his wife in their bank, but, denied that any shock to the complainant on transfer of Rs.5,22,000/- on 25.06.2015 and denied alleged apology through e-mail by employee of OP No. 1 bank and denied transfer of Rs.2,51,000/- on 18.06.2015 in favour of Ridhi-Sidhi Enterprises, Rs.80,000/- in favour of Tuishimhor Hungyo on 20.06.2015 and Rs.2,89,500/- on 18.06.2015 in favour of Ridhi-Sidhi Enterprises from his NRE account, contending that immediately after communication from complainant the concerned branch of OPs have approached jurisdictional police station to lodged complaint with regard to the alleged fraudulent transaction.  The police have refused stating that complaint has to be lodged by complainant, since complainant is alleging fraudulent transaction and Complainant is the alleged aggrieved person.  Accordingly, OP No. 1 has intimated complainant to co-operate with the bank and to lodge the necessary complaints before the police station with an intention to find out the genuineness of the grievances and also to recover said amount if really the said amount transfer was fraudulent.  OPs have executed both the money transfer in good faith based on the duly signed and scanned letter received by mail from complainant's registered e-mail ID after verifying the signature with bank records.

Ans:  Yes, we have intimated through email.
Q.5:  Have your received the original request letter for online fund transfer from complainant?
Ans:  Yes.  We received it by email"

In C.C.No.11/2016 the District Forum below in para 12 mentioned as to reply of OP in Ex.C9 that OP is not aware of the complainant residing at Oman.  However, suffice to mention that Ex.C4 NRE account of complainant shows residential address of complainant as "P.B.No. 267, IBRI-511, Sultanate of Oman, Oman", as such held stand of OP is ridiculous.   Further appreciated in so far as the interrogatories 3 to 5 and answer thereon of complainant and question Nos. 3 to 5 of complainant as well answer thereon of OP as found in paragraph 13 and 14 and appreciated in paragraph 15 "the e-mail dated 25.06.2015 1:23 p.m. sent to complainant by OP No.1 as to transfer of Rs.5,72,000/- to HDFC Bank Account as Aaisha Garments seeks confirmation of the request for transfer.  The next email purported to be sent by complainant to OP No.1 on the same day at 1:45 pm, it mentions that it is no way a scam and there is request to transfer the amount about the confirmation.  However, on June 27, 2015 2:44 am there was request by complainant to Opposite Party No. 1 to give the accounts statement.  At 2:03 pm of June 27, 2015 as per email sent by the complainant to Opposite Party No. 1 by mentioning that the amount from his account is transferred to a totally unknown account to him without his instructions it would appear that basing on this request the amount of Rs.5,72,000/- transferred to Aaisha Garments was reversed by opposite party on 25.06.2015, which is suffice to hold that OP did not take any care at the time of transfer of Rs.2,89,500/- on 18.06.2015 that resulted in a loss to the complainant to the extent of Rs.2,89,500/- and in C.C.No.13/2016, if we examine impugned order in paragraph 11 would be seen from Ex. R1 which is serious of a communications including that the fraudster and of complainant.  There is one communication dated June 26, 2015, 11:02 p.m., the subject mentioned as incident reporting - 20150626230240-13026, copies of the communications and account extract pertaining to the NRO account of the complainant seems to be NRE attached to this, for easy reference this document is marked as Ex.R2.  In fact Ex.R2 sent by Reshma Sumanth Mallya appears to be the Manager of OP bank as detailed on the relevant communications/transactions in respect of the disputed amounts transfer from the account of the complainant.  There was inconsistent request made with the bank from the recorded e-mail address of the complainant at different times as such normally this type of approach from customer should have raised serious suspicion with the Manager of Bank handling the complainant who admittedly a valued customer with numerous investments with OP has to be held right in pursuing of facts and appreciation thereon.  In this case as seen from Ex.R2 there is mention made Reshma Sumanth Mallya, Branch Head of Kotak Mahindra Bank namely OP that though made attempts to contact complainant over phone could not contact over registered phone number through the registered telephone.  It would be appropriate to extract relevant portion in this communication which reads:

Since we could not contact the client over phone and the same was informed to Flavia .... Immediately she called Dr. Bhat from her mobile and handed over the phone to me... while talking to the customer I informed him that the funds were in NRO account and the request which was sent from NRE account and then informed him to send a fresh request mentioning the NRO account number.  And he also mentioned that he had deleted the mails from his mobile through which he was accessing and hence asked me to sent the mail which he had sent at ... 5.24 p.m.  I forwarded his mail back to him mentioning FYI...