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2019 Supreme(SC) 1392

D.Y.CHANDRACHUD, HRISHIKESH ROY
DAV Public School – Appellant
Versus
Senior Manager, Indian Bank, Midnapur Branch – Respondent


Advocates Appeared:
For the Petitioner(s):Surendra Nath, Subhasish Bhowmick, Manisha Pandey, Kunal Mallick, Aditya Rajeshwar, Advocates
For the Respondent(s):Dhruv Mehta, Himanshu Munshi, Avinash Kumar Bharti, Manish Garani, Amit Kumar Chourasia, Anmol Mehta, Advocates

JUDGMENT :

Hrishikesh Roy, J.

1. The challenge in this appeal is to the final judgment and order dated 24.4.2018 in the First Appeal [First Appeal No. 386 of 2018] whereunder the National Consumer Disputes Redressal Commission [“NCDRC”] dismissed the appeal of the appellant and upheld the order passed by the State Consumer Disputes Redressal Commission, West Bengal, [The State Commission]. Under the impugned judgment, the liability of the respondent Indian Bank was limited to Rs 1,00,000/-although the complainant suffered total loss of Rs 30,00,000/-, from their Bank Accounts and sought return of the lost sum.

2.1 The complaint of the Principal of the DAV Public School, [The School] alleged deficiency of service against the respondent Bank inasmuch as the School’s bank accounts without net banking facility, was linked with the personal Customer Information File (CIF) of the Principal of the School, facilitating online transaction which led to siphoning of Rs 30,00,000/-(Rupees Thirty Lakhs), from the school’s account.

2.2 The complaint mentioned that the DAV Public School, Paschim Medinipur maintained three accounts with the Indian Bank, Midnapur Branch in District Paschim Medinipur, W


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