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INDER JIT SINGH, SUDHIR KUMAR JAIN
Axis Bank – Appellant
Versus
Shabir Khan Ranjan Rawther – Respondent
ORDER
Dr. Inder Jit Singh, Presiding Member.—These two First Appeals (FAs) have been filed by the under section 19 of Consumer Protection Act 2019, against the order dated 09.11.2016 of the State Consumer Disputes Redressal Commission, (hereinafter referred to as the ‘State Commission’), in Consumer Complaint (CC) No. 47/2012.
2. First Appeal No. 573/2017 has been filed by the Appellant (hereinafter referred to as Axis Bank), who was Opposite Party Nos.l&2 before the State Commission and FA/1950/2017 has been filed by Appellant (hereinafter referred to as Vodafone Mobile), who were Opposite Party Nos. 3 8i 4 before the State Commission, inter alia praying for setting aside the impugned order passed by the State Commission in CC/47/2017.
3. As both the Appeals have been filed against the same order of the State Commission vide which State Commission has allowed the Complaint filed by the Complainants against all the OPs-1 to 4, jointly & severally, these are taken up together.
4. Notice was issued to the Respondent(s) in both the FAs on 18.04.2017 and 26.10.2017 respectively.
5. Brief facts of the cases, as presented by the Complainant and as emerged from the FAs, Order of the State
(1) Zero Liability of the Innocent Consumer – Reinforcing RBI guidelines, the Commission established that when a customer is an innocent victim of a “third-party breach” (where the fault lies elsewhe....
The court established that under the RBI Circular, customers are entitled to zero liability for unauthorized transactions if reported within three working days, and limited liability if reported with....
Writ under Article 226 maintainable against private scheduled banks to enforce RBI guidelines; customer zero liability in unauthorized electronic transactions from third-party breaches like SIM swapp....
The court ruled that consumer commissions lack jurisdiction over disputes involving fraudulent transactions, emphasizing that responsibility for account security lies with the customer.
Banks must prove customer negligence to deny liability for unauthorized transactions; mere downloading of an app does not constitute negligence.
Bank is bound to send SMS to customers regarding ATM transactions.
Banks must ensure robust security measures to protect customers from cyber fraud, and failure to do so may result in liability for unauthorized transactions.
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