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2019 Supreme(Online)(TDSAT) 1

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Mr. Shiva Kirti Singh, CJ, Mr. A.K. Bhargava, J
ICICI Bank – Appellant
Versus
Mr.Umashankar Sivasubramanian – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Vikas Mehta, Ms. Yugam Taneja, Mr. Vasanth Bharani, Mr. Adith Nair
For the Respondent No. 1: Mr. N.A. Vijayashankar

Table of Content
1. appeal against order under it act (Para 1 , 2)
2. fraud details and bank's negligence (Para 3 , 4)
3. bank's denial and customer negligence arguments (Para 5 , 9)
4. court's jurisdiction and responsibility under it act (Para 6 , 10 , 12)
5. interpretation of assistance and negligence concepts (Para 11 , 15)
6. final ruling on compensation adjustment (Para 16 , 17)

ORDER

By S.K. Singh, Chairperson

This appeal under Section 57 of Information Technology, 2002 (IT Act 2002) is directed against order dated 12.04.2010 passed by Mr. P.W.C. Davidar, IAS, Adjudicating Officer (A.O.) under the IT Act 2002 at Chennai in Petition No.2462 of 2008. The petition arose from an application filed by the petitioner/respondent No.1 herein, under Section 43 read with Section 46 of the IT Act, 2002. Under the impugned order the appellant has been directed to pay to the petitioner/respondent No.1 a compensation of Rs.12,85,000/- on the basis of findings recorded in the order against the appellant. The appeal was preferred before the then Cyber Appellate Tribunal in the year 2010. Since that Tribunal remained largely non-functional, no judgment was delivered although the matter was heard i

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