ORDER :

1. Assailing the order passed by the Permanent Lok Adalat for Public Utility Services, Kadapa, dated 3.4.2019 in PLAC No. 349 of 2018, wherein respondents 1 and 2 therein were directed to pay an amount of Rs. 1,00,000/- each to the petitioner therein as compensation, the present Writ Petition is filed under Article 226 of the Constitution of India.

2. In order to appreciate the rival contentions advanced, it would be useful to refer to the facts in issue, which are as under.

3. The writ petitioner herein is a Chief Manager, State Bank of India, Bazar Branch, Kadapa. The 1st respondent herein was a customer of the petitioner-bank having a saving bank account. He made an application under Section 22C of Andhra Pradesh Legal Services Authority Act seeking an award for Rs. 1,00,000/- towards compensation for the fraudulent withdrawal of amount in connection with usage of his credit card and also another sum of Rs. 1,00,000/- towards compensation for mental agony which he has undergone. In other words, his case is that as directed by one, Anand, staff of the petitioner- bank (disputed), he produced copies of Aadhar Card and other documents for obtaining credit card. In the month of December, 2017, the 1st respondent herein received the credit card. In the month of January, 2018, the 1st respondent withdrew an amount of Rs. 3,000/- using the said credit card. Later received a message as if an amount of Rs. 1,00,000/- was withdrawn. Immediately, he lodged a report with the petitioner-bank and the Nodal Officer, who is the 2nd respondent herein. As his grievance was not addressed to, he filed a complaint before the Permanent Lok Adalat for Public Utility Services, Kadapa. By its Award, dated 3.4.2019, the application of the 1st respondent herein was allowed and an amount of Rs. 1,00,000/- each was directed to be paid by the petitioner as well as the 2nd respondent. Assailing the same as illegal, improper and incorrect, the present writ petition is filed by the Bank.

4. Sri Srinivasa Baba, learned counsel for the petitioner, mainly submits that the petitioner- bank herein has nothing to do with the credit card division and if the 1st respondent has any grievance, he has to make a claim against the credit card division and not against the bank. He further submits that the said Anand, who is said to have obtained copies of Aadhar card and other documents from the 1st respondent, has nothing to do with the bank. He disputes the said Anand as an employee of the State Bank. In other words, his plea appears to be that the State Bank of India or its employees has no role to play in functioning of SBI credit card division, which is a separate entity by itself. He pleads that merely because SBI is a nominal shareholder in SBI credit card division and SBI life and since the said agencies are using the emblem of SBI, having regard to its vast network, one cannot fasten liability on the bank division. He took us through the procedure adopted in getting a credit card, to show that the regular bank has no role either in processing the application for credit card or in forwarding the same. He further submits that since the credit card is protected by a password, usage of the same by a third person is highly improbable.

5. A counter came to be filed by the 1st respondent disputing the very averments made in the affidavit filed in support of the writ petition. According to him, he is eking out his livelihood by doing petty business in old tyres, earning Rs. 200/- or Rs. 300/- per day. He is an account holder of SBI bearing account No. 10437350320 in SBI Bazar Branch, Kadapa, for the last 15 years and utilizing the bank whenever necessary for drawing the amount. According to him, one, Anand, who is an employee of SBI, Bazar Branch, Kadapa, called him through his cellphone No. 7670996424 informing him that he would "get allotted a credit card in his name for which he asked the writ petitioner to furnish xerox copies of aadhar card and SBI account book