SANGITA DHINGRA SEHGAL, PINKI
Suman Goyal – Appellant
Versus
State Bank of India – Respondent
JUDGMENT
Sangita Dhingra Sehgal, President.—The facts of the case as per the District Commission record are:—
“…facts stated by the complainant in the complaint are that she is a senior citizen and is maintaining her bank account with OP for last 16 years or so and on 28.07.2018 four fraudulent & unauthorized transactions of Rs. 10,000 each, totaling Rs. 40,000/- were carried out from her bank account for which complainant lodged the complaint with the bank through customer care helpline vide ticket no.4622860374, 4622860554, 4622860290 and even Police Complaint Vide No. DD24B dated 02.08.2018 was lodged & a copy thereof was given to the Branch Manager of OP and all the SOPs were followed by the complainant. A written complaint was also given to Branch Manager but despite constantly following up, the amount was not refunded in the complainant’s account and as such complainant lodged a complaint with Centralized Public Grievance Redressal Monitoring System for delay in redressing the complaint but of no result & ultimately claim was rejected and aggrieved from that, complainant approached and appealed to Directorate of Public & Grievances and after the delay of almost 2 years even
Banking services – Deficiency in service – Depriving senior citizen of lawful money for about five years.
(1) Apparent from the said Statement of Account that no loss has been caused to the Complainant.
Liability for non-refund of deposits – A financial institution or entity cannot escape liability for non-refund of deposits by merely denying the transaction or the relationship in its pleadings. Whe....
(1) Real Transactions – Without ascertaining the real transactions which culminated into the withdrawal of the funds no liability could be fastened upon the opposite party.(2) Implead – The complaina....
Banking loan obtained specifically for profit-making purposes – Respondent disqualified from being considered as a “consumer”.
“In new of facts and circumstance of the case if mater is found to be a subject of fresh consideration, remand of matter held justified.”
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