ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

First Appeal No. 507 of 2022 Date of institution : 06.06.2022 Reserved on : 19.07.2024 Date of decision : 14.08.2024 Kotak Mahindra Bank Ltd., 10 Kennedy Avenue Road, Mall Road, Amritsar, Punjab 143001, through authorized Representative Mr. Mohit Sekhir.

…..Appellant/Opposite party Versus Ms. Mehak Kaur, W/o Harbakshinder Singh, R/o H.No.223, Ward No.8 Bhagat Nam Dev Colony, Ajnala, Amritsar, Punjab ……Respondent/Opposite Party First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 11.04.2022 passed by the District Consumer Disputes Redressal Commission, Amritsar in CC/504/2021 Quorum:-

Mr.H.P.S. Mahal, Presiding Judicial Member Mrs. KiranSibal, Member Argued by:-

For the appellant : Sh. A.P.S. Sehgal, Advocate For respondent : Sh. Sukhandeep Singh, Advocate KIRAN SIBAL, MEMBER The instant appeal has been filed by the appellant/opposite party against the impugned order dated 11.04.2022 passed by District Consumer Disputes Redressal Commission, Amritsar (in short, “the District Commission”), whereby the complaint filed by complainant against opposite party (in short ‘OP’), under Section 35, 36 & 38 of the Consumer Protection Act, 2019, was allowed and the following relief has been granted:

“8. In view of the above discussion, we allow the complaint with costs and the opposite party is directed to credit the amount of Rs.1,65,000/- alongwith interest @ 9% p.a. from the date of filing of the complaint till realization to the account of the complainant. As the complainant faced harassment as she has to wander here and there to redress her grievance and then to file the instant complaint as such to meet the ends of justice, complainant is also entitled to compensation. So the Opposite party is directed to pay compensation of Rs.5,000/- and litigation expenses of Rs.3000/- to the complainant…….”

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts for the disposal of the appeal are that the complainant was having a saving bank account bearing No.361190067 with the OP since long. On 26.08.2021, the complainant received two debit messages in her account for an amount of Rs.50,000/- and 25,000/- respectively and finding suspicion about the entries, she on the very next day contacted the OP, where she came to know that an amount of Rs.65,000/- and Rs.25,000/- was also debited from her saving bank account. The complainant promptly filed a complaint with the police authorities on 27.08.2021 and a complaint was also lodged with the OP on the same date. The complainant further stated that all such transactions, which took place on 26.08.2021, were described as NEFT transactions, whereas she did not transact any amount to anybody else. She neither initiated any such transaction nor she received any OTP on her registered mobile number, which was mandatory to be issued by the OP on each and every transaction of such nature for its authentication. Alleging deliberate negligence on the part of the OP, the complainant filed consumer complaint before the District Commission and sought directions against the OP to refund the amount of Rs.1,65,000/- along with interest and further to pay compensation to the tune of Rs.2,00,000/- for causing mental agony and harassment to the complainant and Rs.25,000/- as cost of litigation.

4. Upon notice, OP appeared and filed written version, vide which it raised preliminary objections, which are not required to be reproduced here for the sake of brevity. On merits, OP stated that Debit Card bearing No.4280900000008902 linked with the saving bank account in question was issued in complainant’s name and she also registered herself for online banking using her registered Mobile No.9855794777 and email Id: mehak.14@gmail.com, for which she herself chose her confidential credentials such as ID and Password/PIN e