IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU JUSTICE R. SUBBIAH: PRESIDENT F.A. No. 243 of 2022 [Against the order dated 27.12.2021, passed in C.C.No.06 of 2017 by the DCDRC, Salem].

Friday, the 31^st day of October, 2025

1. A. Thangaraj, S/o. Late Arumugam, Door No.228, Sengaan Vattam, Thiruvagoundanoor, Salem.

2. T. Radha, W/o. A. Thangaraj, Door No.228, Sengaan Vattam, Thiruvagoundanoor, Salem. ... Appellants/Complainants.

- Vs –

1. The Chief Manager, Canara Bank, Suramangalam Branch, Salem.

2. The Senior Branch Manager, Canara Bank, Suramangalam Branch, Salem.

3. The Deputy General Manager, Canara Bank, Regional Office, Salem.

4. The Chairman and Managing Director, Canara Bank, Head Office: No.112, J.C. Road, Bangalore. … Respondents/Opposite Parties.

Counsel for the Appellants/Complainants : M/s. K. Selvaraj. Counsel for R-1 to R-4/O.P.s 1 to 4 : M/s. S. Kesavan.

This appeal came up for final hearing on 06.10.2025 and on hearing the arguments of both sides and the written arguments filed by both sides and on perusing the material records, this Commission made the following:-

O R D E R

THIRU. R. SUBBIAH J., PRESIDENT This appeal has been filed by the appellants/complainants, as against the order dated 27.12.2021, passed in C.C.No.06 of 2017 by the District Consumer Disputes Redressal Commission, Salem, dismissing the complaint filed by the appellants/complainants herein.

2. The case of the complainants before the District Commission is that the complainants are husband and wife and they are customers of the opposite parties bank for the past 15 years. They are having Joint Savings bank account in opposite parties’ bank under Joint Savings Bank Account No.1219101025432. In the bank account of complainants, a sum of Rs.14,44,698/- was credited from the accounts of HDB Financial Services Ltd., Salem on the basis of loan obtained by them under the Loan Account No.1957263. The said amount was credited in the opposite parties bank on 05.11.2016 under Cheque No.387966. Subsequent to that the complainants had withdrawn Rs.40,000/- on 05.11.2016, Rs.42,500/- on 06.11.2016, Rs.2,500/- on 07.11.2011 and Rs.42,500/- on 08.11.2016 through ATM. Thus, they had withdrawn a sum of Rs.1,27,500/- totally. The complainants also received SMS in respect of the same. On 12.11.2016 and 18.11.2016, the complainants had withdrawn in person Rs.10,000/- and Rs.24,000/- respectively from the opposite parties bank. Thereafter, on 28.11.2016, when they approached the 1^st and 2^nd opposite parties for withdrawing the amount from their account, they responded that there is no such money in their joint account. The complainants were under the shock since they had not withdrawn any huge amount from their account. Hence, immediately they verified with their account statement and were shocked to see that only Rs.2,88,769/- was there in their account and Rs.10,28,431/- was illegally transferred from their account. Hence, they immediately reported to the 1^st and 2^nd opposite parties but they did not mind it. Because of the deficiency in service of the opposite parties, the complainants had suffered severe mental agony. The complainants are illiterates and unaware of online transactions and they never used their account for the above said transactions. They don’t even know to use the ATM cards and only with the help of their sons, they used to withdraw amount from ATM and retain the ATM card with them. They never received any SMS for the said illegal transactions even though the opposite parties bank charged for providing the said service. They never revealed their account number and ATM PIN number to anyone. Only the opposite parties bank is responsible for their money which was illegally transferred. When the same is questioned by the complainants, the 1^st and 2^nd opposite parties gave irresponsible answers. Hence, on 30.11.2016, the complainants lodged a complaint before the Commissioner of Police, Salem City and the same