AKANKSHA RAI Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The present writ petition has been filed for the following relief(s) :

(3.) Learned counsel for the petitioner has stated that an amount of Rs.46,241.00 has been fraudulently withdrawn from the Saving Bank accounts of the petitioner under different transactions which were not done by the petitioner. Learned counsel has stated that on 24/8/2021 the petitioner received a message on a registered mobile number about the ATM withdrawal of Rs.3,000.00 has been carried out and immediately thereafter the petitioner approached the Home Branch, i.e., the Punjab National Bank, Anisabad Branch, Patna, on 25/8/2021 and informed about the fraudulent withdrawal of money from her account. Thereafter her account was blocked. The petitioner has later found out that during the period 23/7/2021 to 24/8/2021 nearly 12 transactions have taken place in which a total amount of Rs.46,241.10 has been withdrawn from her account unauthorisedly. Further, it is stated that the petitioner did not receive any communication or alert from the Bank by way of SMS on her registered mobile or on her registered e-mail. Therefore, the petitioner seeks the indulgence of this Court to direct the authorities to reimburse the amount of Rs.46,241.10 which has admittedly being withdrawn from her account either through ATM or through online transactions. That though the petitioner has filed a First Information Report (FIR), the same did not fructify. Learned counsel has stated that after the complaint made by the petitioner, an amount of Rs.36,600.00 was credited to the account of the petitioner on 3/9/2021 but the said amount was again debited from her account on 2/11/2021. Learned counsel has stated that the Circular issued by the Reserve Bank of India vide letter no. DBR No. Leg.BC.78/9/7/5/2017-18, dtd. 6/7/2017, the Banks are obligated to reimburse the amount which has being fraudulently withdrawn from the customer account.