BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.198 OF 2022 AGAINST ORDERS IN CC.NO.36 OF 2021, DISTRICT CONSUMER COMMISSION-III, HYDERABAD Between:

1. The Branch Manager, State Bank of India, Alwal (Branch 12946), Secunderabad – 500015, Telangana.

2. The Regional Manager (Hyderabad Region), State Bank of India, 4th Floor, SBI Building, Bank Street, Hyderabad- 500 095, Telangana.

3. The Asst. General Manager, State Bank of India, ATM Department, Local Head Office, Bank Street, Koti, Hyderabad – 500 095, Telangana.

4. Chairman, State Bank of India, Corporate Centre, State Bank Bhawan, 6th Floor, Madam, Cama Road, Mumbai – 400021.

.…Appellants/Opp.Parties And Wing Commander Yella Prakash Rao, (Retd), S/o.Shri Yella Tataiah, Age: 54 years, Occ: Air force Veteran, R/o.H.No.5-7-113/75, Swarnandhra Colony Phase I, Yapral, Secunderabad – 500087, Telangana.

…..Respondent/Complainant Counsel for the Appellants/Opp.Parties : Party-In-Person Counsel for the Respondent/Complainant: Dr. S.V. Ramakrishna QUORAM:

HON’BLE SMT.MEENA RAMANATHAN…IN-CHARGE PRESIDENT &

HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND TWENTY FIVE *******

Order : (Per Smt.Meena Ramanathan, Hon’ble In-charge President)

1. This is an appeal filed by the Appellants/Opposite Parties U/s.41 of Consumer Protection Act, 2019, praying this Commission to set aside the order of the District Consumer Disputes Redressal Commission-III, Hyderabad dated 17.01.2022, passed in CC.No.36 of 2021 and pass such other order or orders as this Commission may deem fit and proper in the interest of justice and in the circumstances of the case.

2. For the sake of convenience, the parties are described as arrayed in the complaint. The Appellants are the Opposite Parties and the Respondent is the Complainant in CC.No.36/2021.

3. Briefly stated, the facts are that – the Complainant is a retired Wing Commander and during his service he opened a Savings Bank A/c.No.20067452270 with State Bank of India, Alwal Branch. The said account is a joint account operated by himself and his wife Mrs.T.Shantisree where his monthly salaries are credited. The Complainant was given a debit Card bearing No.5118 7812 9460 0054 and it was used regularly by the Complainant for his daily needs and purposes.

4. It is submitted that on 15.05.2014 at 5.20 A.M., when the Complainant was in Mumbai, he received a shocking message to his cell phone that a purchase worth Rs.73,452/- was done at Target Canada and at 5.32 A.M. he received another message for a purchase of Rs.54,492/- was done at Target Canada and at 6.34 A.M. he received third message for a purchase worth Rs.57,713/- at Target Canada. Immediately, the Complainant blocked his Debit Card at 6.35 A.M. i.e., within one minute of third transaction. An amount totalling to Rs.1,85,658.19 paisa was fraudulently withdrawn from the Debit Card of the Complainant without his permission. A serious fraud was played on him by someone who had illegal access to the debit card particulars.

5. On 23.05.2014, the Complainant gave written complaint to the Banking Ombudsman and surprisingly on 17.07.2014, he received a reply from the Banking Ombudsman and they have blamed the Complainant rather than probing the matter with seriousness it deserves and without even investigating the issue. After continuous follow up by the Complainant and intervention of Indian Air Force and the complaints made by Economic Offences Wing, the Bank credited the amount back to the Complainant’s account on 22.10.2014 and the Complainant thought that the issue was resolved.

6. The Opposite Party Bank created a shadow loan account bearing No.00000034333492912 for equal amount of defrauded money on the same day of payment of defrauded amount in the Complainant’s account i.e., on 22.10.2014. The Complainant came to know about this in April,2015 after receiving multiple calls from SBI Call Centre regarding non-payment of alleged loan amount.