A bank is not liable for unauthorized electronic transactions if the loss is caused by the customer's own negligence, such as clicking unverified links or downloading unauthorized applications, as per RBI guidelines on limited liability.

KIRAN SIBAL, MEMBER :-

This appeal has been preferred by the appellant/Opposite party against order dated 18.09.2024 passed by District Consumer Disputes Redressal Commission, Bathinda (in short, “the District Commission”), whereby the complaint filed by respondent/complainant against opposite party (in short ‘OP’) was partly allowed while granting the following relief:-

“18. In view of what has been discussed above, the present complaint is hereby partly allowed OP and OP is directed to refund/pay Rs.2 lacs to the complainant within a period of 45 days alongwith interest @6% from date of transactions in dispute i.e. 04.02.2023 till realization and OP is also burdened with Rs.10,000/- as compensation and litigation expenses.

19. In case of non-compliance of the order within the stipulated period, OP will be liable to pay the said amount Rs.2 lacs alongwith interest @9% per annum till realization.”

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, as averred in the complaint, are that the complainant and her father were having a joint saving account bearing No.01350100009918 with the OP-Bank and there was sufficient balance in the said account. On 04.02.2023 at about 6:24 PM an amount of Rs.2 lakh was fraudulently got transferred from the said account without any authorization from the complainant and her father and even they neither shared any OTP nor called for any OTP. Thereafter, the complainant immediately made telephonic call to Toll Free number of OP and requested to freeze and block the said saving account. The complainant also reported the matter to cyber crime as well as to the OP for doing necessary action to save the fraudulent transfer of entries made without any authorization by the complainant. The complainant also send emails to OP on the same day but no action whatsoever was taken by it to stop the fraud or to block the entry, rather after much persuasion only an amount of Rs.10,000/- was got frozen by the OP Bank. The OP was not having any proper system to avoid the online fraud, although the complainant notified the fraud immediately i.e. within few minutes of detection of fraud but nothing was done by it to save the hard earned money of the complainant. As per the guidelines of RBI, OP is liable for unauthorized transaction but it failed to refund the said amount. Alleging deficiency in service on the part of OP, the complainant filed consumer complaint before the District Commission and sought directions against the OP to refund an amount of Rs.2,00,000/- illegally deducted from the account of the complainant and further to pay Rs.50,000/- as compensation on account of metal tension, agony and harassment; besides, Rs.25,000/- as cost of litigation.

4. In reply to complaint OP stated that as per written complaint submitted to the Bank dated 06.02.2023, the complainant relied upon customer care numbers from search engines and did not use contact information from the official website to reach customer care. Further, she clicked the unknown link and dialed No.09692901502 given by search engine and followed the instruction given by the message of the above noted mobile number and again clicked the second unknown link. The complainant was totall