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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
JUSTICE (RETD) MR. BASU DEO AGARWAL – Appellant
Versus
THE STATE BANK OF INDIA AND ANR – Respondent


Advocates:
['D DEKA', 'N BARUA', '', 'U SARMA']

ORDER

Date : 04.02.2022 Heard Mr. D. Deka, learned counsel appearing on behalf of the petitioner as well as Mr. U. Sarma, learned counsel, appearing on behalf of the respondent nos. 1 & 2.

2) The facts of the instant case is that the petitioner has a Saving Account bearing no. “30086063911 in the Six Mile Branch of the respondent no.1 Bank. On 16.03.2019 the respondent no. 2 requested the petitioner to submit his KYC documents for updating their records. Accordingly, the petitioner submitted the KYC document to the respondent no.2 on 29.03.2019. There were certain discrepancies as regards the date of birth of the petitioner, for which the petitioner submitted the new PAN Card with correct date of birth and requested the bank for making necessary correction.

3) On 01.11.2019 the petitioner received a bulk SMS wherein it was stated that there was discrepancy in the date of birth of the petitioner in his account and as such, the same needs a correction and provided a link for sharing certain information over the said link. The petitioner bonafide believed that the said SMS was in relation to the query made on 16.03.2019 by the respondent no. 2, and clicked the link provided in the bulk S

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