SC/30/FA/20/2025 BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANAJI-GOA In the matter of First Appeal 20 of 2025 in Consumer Complaint

55 of 2023.

Before: Mrs. Varsha R. Bale, Officiating President Ms. Rachna Anna Maria Gonsalves, Member The Branch Manager, State Bank of India, Vaishya Bhavan, Mapusa, Bardez Goa 403507. ..…Appellant V.

Raisa X Dias, C/o. Ivo Dias, Falt No. B4/3, Sapna Village, PO Tivim Industrial Estate, Peddem, Karaswada, Mapusa, Goa-403526. .....Respondent Adv. Shri. D. R. Shankhawalkar present for Appellant.

Respondent present in person.

DATE: 18/12/2025 JUDGEMENT [per Ms. Rachna Anna Maria Gonsalves, Member]

1. The Judgment and Order arises out of First Appeal

20/2025 filed by the Appellant challenging the Judgment and Order dated 23/01/2025 passed by the District Consumer Disputes Redressal Commission, Porvorim, Goa (DC for short).

2. The Appellant is the original Opposite Party-2 and the Respondent is the original Complainant. The parties shall hereinafter be referred to as per their status in the Complaint.

3. The brief facts are:

A. The case of the Complainant is:

i. That the Complainant stated that an amount of Rs.3 Lakhs (Rupees three lakhs only) was deposited by the Complainant in the SBI Branch of Mapusa, which was credited to the Savings Account No. 37698174402 of the Complainant on 30/03/2021.

ii. Thereafter based on the deposited amount, the Complainant had applied for 20,000 units of FFO of M/s Birla Multi Cap Mutual Fund and 5000 units of HDFC asset allocator mutual fund (both having face value of Rs.10/-) through cheque numbers 820938 dated 27/04/2021 for Rs.2 Lakhs and 820936 dated 22/04/2021 for Rs.50,000/-. That the Complainant was in shock and disbelief that both the Cheques were dishonoured by SBI with comments “refer to drawer” due to which no units were allotted to the Complainant.

iii. The Complainant then requested for the reason for dishonouring the Cheques and communicated with the Manager of the Bank on 11/05/2025 and thereafter further reminders were sent on 20/05/2021 and 25/05/2021, but however there was no response to the same and a Complaint was therefore filed before the Banking Ombudsman under the Banking Ombudsman scheme 2006, of the Reserve Bank of India (RBI) on 01/07/2021 and an opinion was given that SBI was not given proper opportunity and as such closed the matter. After several Complaints filed before the Banking Ombudsman on numerous occasions an email was received by the Ombudsman on 03/01/2022 against Complaint dated 15/09/2021, citing that the same was disposed of “in consultation with the bank” and according to the Complainant a paltry amount of Rs.2000/- was awarded by way of compensation to the Complainant which according to the Complainant was not at all commensurate with the actual losses faced by the Complainant.

iv. It is further pertinent to note that a Complaint had already been filed before the Chairman Consumer Conciliation Committee, at Junta House on 14/12/2021 due to non-receipt of timely resolution from the Banking Ombudsman and as stated by the Complainant that the Complaint was disposed directly in consultation with the Bank, thus giving the Complainant no opportunity whatsoever to record her say as required under the BOS- 2006 and then leaving no scope for a further Appeal before the Appellate authorities of the Bank and also due to the fact that no reason had been furnished either by the Ombudsman or SBI on the basic grievance in terms of the dishonouring of cheques which led to huge financial loss to the Complainant. Also refund of Debit Card fees being charged to the Account had been requested in view of the Debit Card not being activated till date and in spite of SBI not having allowed access to the funds in the account.

v. Thereafter as the Complainant was not allowed access to her personal funds, even after the Order of the Ombudsman, a fresh Complaint was then registered by the Complainant in the register of SBI on 22/04/2022 and adde