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GAUTAM CHOURDIYA, PRAMOD KUMAR VARMA
Branch Manager, Axis Bank Call Centre Axis Bank – Appellant
Versus
Vijay Kumar Sahu – Respondent
ORDER
Gautam Chourdiya, President—This appeal is filed against order dated 15.05.2024 passed by District Consumer Disputes Redressal Commission, Korba (C.G.) (hereinafter called “District Commission” for short) in Complaint Case No.CC/2024/11, whereby the complaint was allowed with the directions that the complainant/ respondent is found not to be liable for the amount of Rs.4,51,255/- (Rupees four lakh fifty one thousand two hundred fifty five) transferred through fraudulent means from credit card No.4514570070703940 (earlier issued credit card No.4514570041359020) allotted to him by the opposite parties/ appellants and interest/penalty imposed thereon i.e. total Rs.5,66,142/- (Rupees five lakh sixty six thousand one hundred forty two) and is relieved from the said liability. The opposite parties/ appellants shall jointly and severally pay Rs.15,000/- (Fifteen Thousand) to the complainant/ respondent as compensation for financial and mental agony along with cost of litigation Rs.5,000/- (Five Thousand). The opposite parties/ appellants are imposed a penalty of Rs.10,000/- (Ten Thousand only) on account of professional misconduct which will be deposited in the account of “District
Transactions – It is undoubtedly proved that the transactions in question were done by using OTP sent to the registered mobile number/email of the respondent/complainant and without sharing the same ....
Banks are liable for unauthorized transactions unless proven otherwise, highlighting consumer protection principles against technicalities.
The main legal point established is that demanding payment of outstanding dues after settlement constitutes unfair trade practice and deficiency in service under the Consumer Protection Act.
It is responsibility of Bank to compensate its customers in cases of fraudulent withdrawals.
Banks must prove customer negligence to deny liability for unauthorized transactions; mere downloading of an app does not constitute negligence.
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