IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, MADURAI.

PRESENT: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER

THIRU.S.KARUPPIAH, JUDICIAL MEMBER

F.A.No.120/2018

(Against the order made in C.C.No.15/2017 dated 29.11.2017 on the file of the

District Forum, Theni.)

THURSDAY, THE 15^th DAY OF DECEMBER 2022

1. The Branch Manager,

Canara Bank,

TPN Road,

Palanichettipatti,

Theni, Theni District. 1^st Appellant/1^st Opposite Party

2. The Regional Manager,

Canara Bank, Near Fire Service Station,

Theni, Periyakulam Road,

Theni. 2^nd Appellant/2^nd Opposite Party

-Vs-

Mr.S.Soundirapandian,

S/o Subbaiah,

No.117, Vanchinathan Street,

Palanichettipatti, Theni. Respondent/Complainant

Counsel for Appellants-1&2/Opp.parties-1&2 : Mr.M.Muthukumaran, Advocate.

Counsel for Respondent/Complainant : Mr.K.Muthuramalingam, Advocate.

This appeal coming before us for final hearing on 02.11.2022 and on

hearing the arguments of both sides and upon perusing the material records, this

Commission made the following:

ORDER

THIRU.S.KARUPPIAH, JUDICIAL MEMBER.

1. Aggrieved by the order passed by the District Consumer Disputes Redressal Forum,

Theni, made in C.C.No.15/2017 dated 29.11.2017 this appeal has been preferred by the

opposite party bank.

2. The facts of the case is as follows:

The complainant was a customer of the first opposite party bank and he saved his

money in his savings bank account opened with the opposite party. The opposite party

was provided with ATM card. To his surprise an SMS on 28.01.2017 that the amount of

Rs.4,487.65ps. was withdrawn from the place of Wood Green GP. Immediately on the

same day he again received on SMS that another sum of Rs.4,487.65ps. was withdrawn

from the same place. Since, it was Saturday he waited to complain with the opposite

party bank on next working date. Meanwhile, on 29.01.2017 he received an SMS as if

Rs.8,975.30ps was withdrawn from his account from London. The complainant never

visited any foreign countries and he never shared his ATM PIN number or ATM card. On

30.01.2017 he went to the opposite parties bank and informed the illegal withdrawals

for which the Manager scolded the complainant, sent him out without entertaining his

oral complaint. Alleging deficiency of service,, he filed this complaint seeking refund of

his illegal withdrawals amount Rs.17,950.60ps. with Rs.50,000/- compensation for

mental agony, and Rs.25,000/- compensation of deficiency of service and Rs.10000/-

for cost of the proceedings.

3.

The opposite parties filed their written version stating that, they did not know

anything about the alleged withdrawal in the foreign countries. There is no written

complaint given by the complainant. Moreover, the alleged transaction in the foreign

countries cannot be done without disclosing the ATM PIN number which is in the

exclusive knowledge of the complainant. So, there is no deficiency of service on the

part of the bank. It is for the complainant to give proper police complaint about the

cyber crime committed with regard to his saving account. Hence, the complaint is to be

dismissed.

4. The District Forum after perusing the pleadings, evidence and documents, partly

allowed the complaint the opposite parties committed deficiency of service and directed

the opposite parties to refund of Rs.17,950.60ps. with 3% interest, and to pay a sum of

Rs.10,000/- towards compensation for mental agony and also to pay a sum of

Rs.5000/- as cost to the complainant.

5.

Aggrieved with the above order, the appeal has been preferred by the opposite

parties on the following:

Grounds: The order of t

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