HARE RAM SINGH Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) The petitioner herein invokes the writ jurisdiction of this Court under Article 226 of the Constitution of India, 1950, seeking the following reliefs against the respondents:

(2.) Shorn of unnecessary details, the petitioner who is an academician aged about 55 years, became a victim of cyber fraud perpetrated through a 'vishing attack' i.e., a voice-phishing attack wherein innocent people are enticed over voice-call to divulge sensitive information pertaining to their bank accounts, which information is then misused by the unscrupulous attacker so as to wrongfully enrich himself monetarily.

(3.) Shorn of unnecessary details, the petitioner on 18/4/2021 at about 05.15 PM, received an SMS [Short Message Service] containing a link, upon receipt of which SMS he got a call from an unknown caller who convinced him to click on the said link contained in the SMS so as to keep the SMS service on his mobile number open and operational, and as soon as the unsuspecting petitioner clicked on the SMS link upon being prompted by the unknown caller/fraudster, an aggregate amount of Rs.2,60,000.00 was unauthorisedly withdrawn by way of two transactions in the sum of Rs.1,00,000.00 and Rs.1,60,000.00 each, from his Savings Bank Account maintained with the respondent Nos.2 and 3/State Bank of India ['SBI'] at its Greater Noida, Uttar Pradesh branch; and that on perusal of the statement of account of the petitioner, it was found that by way of internet banking on 18/4/2021, the first transaction of Rs.1,00,000.00 was made to a bank account maintained with IDFC Bank, and the second transaction of Rs.1,60,000.00 was made to One 97 Communications Ltd. (Paytm).