ORDER

1.       The present Revision Petition (RP) has been filed by the Petitioner against Respondent as detailed above, under section 21 of Consumer Protection Act 1986, against the order dated 04.09.2017 of the State Consumer Disputes Redressal Commission, Telangana (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 1223/2013 in which order dated 03.07.2013 of  District Consumer Disputes Redressal Forum-II, Hyderabad (hereinafter referred to as District Forum) in Consumer Complaint (CC) 15/2011 was challenged, inter alia praying for setting aside the order dated 04.09.2017 passed by the State Commission in FA/1223/2013.

2.       While the Revision Petitioner (hereinafter also referred to as OP(s) were Respondents before the State Commission and OPs before the District Forum and the Respondent (hereinafter also referred to as Complainant) was Appellant before the State Commission and Complainant before the District Forum.  

3.       Notice was issued to the Respondent(s) on 24.01.2018.  Petitioner filed Written Arguments/Synopsis on 29.07.2019.

4.       Brief facts of the case, as emerged from the RP, Order of the State Commission, Order of the District Forum and other case records are that: -

The complainant/Respondent herein opened bank account with the Petitioner/OP Bank on 16.01.2008.  On 15.10.2010, the complainant came to know that the amount of Rs.2,000/-, Rs.24,000/-, Rs.24,000/- and Rs.7400/-(Total -Rs.57,400/-) was transferred to third party account on 14.10.2010 and 15.10.2010.  The complainant immediately called the customer care office of OP, the customer care service people advised to approach the OP in person to make a complaint and also stated that the third party account who has withdrawn funds from complainant’s account belongs to one Ashok Saha and account is at Kolkata Branch of HDFC Bank.  The complainant tried to approach  the OP, they were closed on that day due to Durgastami.  On 16.10.2010, the complainant approached OP in person and submitted a written complaint on 16.10.2010.  After receipt of complaint, the OP blocked the account. On 26.10.2010, the complainant lodged FIR before the Sub-Inspector of Police, Hyderabad regarding transfer from the account of complainant to third party.  Bank and the Police did not take any action.  Hence the complainant filed complaint before the District Forum.

5.       Vide Order dated 03.07.2013 in the CC No.15/2011, the District Forum dismissed the complaint with the liberty to approach the civil Court of competent jurisdiction to claim the relief.

6.       Aggrieved by the said Order dated 03.07.2013 of District Forum, complainant appealed in State Commission and the State Commission vide order dated 04.09.2017 in FA No.1223/2023 allowed the Appeal and set aside the order passed by the District Forum.

7.       Petitioner(s) has challenged the said Order dated 04.09.2017 of the State Commission mainly on following grounds:

8.       Heard counsel for the Petitioner.  Respondent was proceeded ex-parte on account of his absence despite service. Contentions/pleas of the Petitioner, on various issues raised in the RP, Written Arguments filed by the Petitioner and Oral Arguments advanced by the Petitioner’s counsel during the hearing, are summed up below.

8.1  In addition to the averments made under the grounds (para 7), the petitioner contends that while opening the saving account and applying for internet banking, the Respondent got her contact No. i.e. +91-9885034170 and E-mail ID leelareddy_leelu@yahoo. co.in.registered with Petitioner for INSTAQUERY and INSTAALERT.  Since then the Respondent was using the Internet Banking for a continuous period of three years i.e. 2008-2010. On 13.10.2010, an account of Mr. Ashok Saha was added as the beneficiary for Third Party Transfer in her account which was followed by four separate transactions from Respondent’s Account for a total sum of Rs.57,400/- .   Following the