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LANUSUNGKUM JAMIR, KARDAK ETE
STATE BANK OF INDIA – Appellant
Versus
PALLABH BHOWMICK S/O LATE P. R. BHOWMICK – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. A. Parvez, learned counsel for the appellant. Also heard Mr. Pallabh Bhowmick/respondent No. 1, in person; Mr. P. Hazarika, learned counsel for the respondent No. 2 and Mr. D. K. Sarma, learned counsel for the respondent No. 5.
2. This intra-Court appeal is directed against the judgment and order dated 30.09.2022, passed by the learned Single Judge in WP (C) No. 1900/2022, whereby, the learned Single Judge, has set aside the order dated 07.03.2022, passed by the Ombudsman, Reserve Bank of India, and directed the appellant to deposit an amount of Rs. 94,204.80/- (Rupees Ninety-four thousand two hundred four and Eighty Paisa) only, in the bank account of the petitioner with a liberty to recover the amount from the respondent No. 3.
3. The brief facts of the case, are that the respondent No. 1/petitioner is having a Savings Bank (SB) Account bearing No. 10823993373 with the State Bank of India (SBI), Guwahati Branch. He had made an online purchase of some garment from the Louis Philippe store which he wanted to return and get the money back. On 18.10.2021, the respondent No. 1/petitioner had received a call from a fraudster, who was later identified
Banks must prove customer negligence to deny liability for unauthorized transactions; mere downloading of an app does not constitute negligence.
Fraudulent transaction of Bank - On completion of investigation if it is established that the fraud took place purely due to the negligence or deficiency of service on the part of the respondent no. ....
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....
Banks must ensure robust security measures to protect customers from cyber fraud, and failure to do so may result in liability for unauthorized transactions.
Limited Liability of a Customer - Unauthorized aforesaid banking transactions in the bank account of petitioner as per Clause VI of the aforequoted policy of R.B.I., petitioner is entitled to zero li....
The court affirmed that customers have zero liability for unauthorized transactions if reported within three working days, as per RBI guidelines, and found the bank liable for failing to secure the a....
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 bank is liable for unauthorized transactions unless customer negligence is established, emphasizing the bank's responsibility to prevent fraud.
Bank is bound to send SMS to customers regarding ATM transactions.
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