BEFORE THE CIRCUIT BENCH OF THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MADURAI Present : Hon’ble Thiru. Justice R. SUBBIAH….. PRESIDENT F.A. No. 430 of 2025 (against the order dated 29.04.2025 made in C.M.P. No. 12 of 2025 in E.A. No. 18 of 2024 in RBT CC No. 75 of 2022 on the file of the District Consumer Dispute Redressal Commission, Thoothukudi)

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Pronounced on : 30.09.2025

1. The Branch Manager State Bank of India Tenkasi Branch

2. The Manager of Head Qutor State Bank of India Tirunelveli – 627 001

3. The AGM State Bank of India Chennai .. Appellants/Respondents/Respondents Versus K. Latha Wife of Chairma Pandian Door No.10/56 Pulikuti Vinayagar Koil Street .. Respondent/Petitioner/Petitioner Keelapuliyur, Tenkasi For Appellants : Mr. A. Rangarajan For Respondent : Mr. S.Muthumalai Raja This appeal came up for final hearing on 19.08 .2025 and upon hearing the arguments of the counsel for the appellants as well as the learned counsel for the respondent and on perusing the material records, this Commission made the following ORDER This appeal is filed challenging the validity and/or correctness of the order dated 29.04.2025 made in C.M.P. No. 12 of 2025 in E.A. No. 18 of 2024 in RBT CC No. 75 of 2022 on the file of the District Consumer Dispute Redressal Commission, Thoothukudi.

2. The respondent herein has filed the Consumer Complaint No. 30 of

2016 before the District Consumer Disputes Redressal Commission, Tirunelveli stating that she is having a savings bank account with the Opposite Party-Bank in Tirunelveli. It was further stated that by using a fake ATM Card, a sum of Rs.1,07,131/- was wrongfully withdrawn from her savings Bank account on 29.09.2012, 30.09.2012 and 01.11.2012. Therefore, she has filed the above said consumer Complaint before the District Consumer Disputes Redressal Commission, Tirunelveli.

3. Pending the Consumer Complaint, on 14.06.2022, the Consumer Complaint was transferred from the file of the District Consumer Disputes Redressal Commission, Tirunelveli to the file of District Consumer Disputes Redressal Commission, Thoothukudi and re-numbered as RBT CC No. 75 of 2022.

4. By order dated 01.12.2023, RBT CC No. 75 of 2022 was allowed by the District Commission, Thoothukudi, on merits.

5. Alleging that the order dated 01.12.2023 has not been complied with by the appellants herein, to execute the order dated 01.12.2023 passed in RBT CC No. 75 of 2022, the respondent herein has filed EA No. 18 of 2024.

6. In EA No. 18 of 2024, the appellants have filed a counter affidavit stating that the order dated 01.12.2023 has been complied with and a Demand Draft for Rs.1,56,000/- was paid to the respondent towards full and final settlement of the claim.

7. Thereafter, the respondent herein has filed the instant C.M.P. No. 12 of 2025 in E.A. No. 18 of 2024 in RBT CC No. 75 of 2022 on the file of the District Consumer Dispute Redressal Commission, Thoothukudi to amend the date of filing of the Consumer Complaint mentioned in the order dated 01.12.2023. To be specific, the date of filing the complaint was mentioned as 14.06.2022. But the Consumer Complaint was originally filed on 02.03.2016. Therefore, the Petition for amendment of the Decree was filed by the respondent herein.

8. Opposing the prayer for amendment, it was contended on behalf of the appellants that the Consumer Complaint was filed on 02.03.2016, but it was subsequently transferred to the file of the District Consumer Disputes Redressal Commission, Thoothukudi on 14.06.2022 and therefore, the date on which the Consumer Complaint was transferred has to be reckoned as the date of filing of the Consumer Complaint for the purpose of payment of interest.

9. The District Consumer Disputes Redressal Commission, Thoothukudi, by order dated 29.04.2025 allowed the petition for amendment and ordered to incorporate the date of filing the consumer complaint as 02.03.2016 instead of 14.06.2022. Aggrieved by the said order dated 29.04.2025, the present appea