IMPORTANT POINT
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 within four to seven working days, placing the burden of proof on the bank to demonstrate any customer negligence.

ORDER :

(Devashis Baruah, J.) :

Heard Mr. YS Mannan, the learned counsel appearing on behalf of the petitioner and Mr. K Das, the learned counsel appearing on behalf of respondent Nos.6, 7, 8 and 9. Also heard Mr. D Das, the learned senior counsel appearing on behalf of respondent Nos.10 and 11, Ms. U Das, the learned Additional Senior Government Advocate, Assam appearing on behalf of the State respondents as well as Mr. CKS Baruah, the learned CGC appearing on behalf of the respondent No.12. In Addition to that, this Court has also heard Mr. GK Singh, the Chief Manager of State Bank of India, Rangia Branch. The Investigating Officer of Rangia Police Station Case No.944/2020 is also present before the Court.

2. The petitioner herein is a senior citizen, who would be presently 66 years old. He retired as an Assistant Teacher in the year 2018 and on 17.04.2019 his pensionery benefits amounting to Rs.10,67,600/- was deposited to his Bank Account bearing No.10958225308 maintained in the State Bank of India, (for short, the SBI) Rangia Branch. Admittedly, the petitioner herein gave the Mobile Number to the SBI which belonged to his daughter one Tulika Deka. On 09.10.2020, when the petitioner went to withdraw an amount of Rs.5000/- from his bank account, he was surprised to learn that the said bank account had only Rs.69.61.P/-. Immediately, thereupon, on 09.10.2020 itself, an FIR was lodged before the Rangia Police Station which was registered as Rangia Police Station Case No.944/2020 under Sections 420/379 of the Indian Penal Code and subsequently Sections 120(B)/419/468/471 IPC read with Section 66(C)/66(D) of the Information Technology Act, 2000 were added.

3. On the same date, i.e. on 09.10.2020, the Chief Manager of the SBI Rangia Branch was informed that an amount of Rs.8,95,024/- had been fraudulently withdrawn from the petitioner’s account which aspect of the matter was duly acknowledged by the Chief Manager vide the communications dated 12.10.2020 stating, inter alia that processing is being carried out as per the SOP.

4. It is further seen that on the basis of the investigation so carried out by the Investigating Officer of Rangia Police Station, various persons were arrested on the ground that during investigation it revealed that the persons arrested were involved in the illegal and fraudulent transactions.

5. It is the case of the petitioner that the petitioner having duly informed the SBI on 09.10.2020 i.e. within a period of seven working days and the SBI having not reimbursed the said amount in terms with the Circular issued by the Reserve Bank of India dated 06.07.2017 and the approach to the Ombudsman did not result in favour of the petitioner, the instant writ petition was filed seeking a direction upon the respondents to recover the amount of Rs.8,95,040/- which was fraudulently transferred from the petitioner’s bank account and to pay the said amount to the petitioner or direct the SBI to immediately compensate the petitioner by making payment of the said amount of Rs.8,95,040/- along with adequate interest; direct the service provider i.e. the respondent Nos.10 and 11 to adequately compensate the petitioner for commitment of fraudulent/disputed transactions online through their service; as well as also for a direction that the investigation should be carried out either by the State CID or by the CBI.

6. This Court finds it relevant to take note of Annexure-10 to the writ petition which is the statement of account of the petitioner in respect to the petitioner’s bank account. The petitioner duly admitted that on 02.10.2020, the petitioner had withdrawn Rs.9500/- from the ATM. However, the remaining transactions thereafter from 02.10.2020 to 04.10.2020 were not carried out by the petitioner, except the amount of Rs.17,966/- which was transferred to the SBI Life Insurance on the basis of auto-debit system. It is the categorical stand of the petitioner that the petitioner neither at any point of time applied for inter