PUNJAB NATIONAL BANK Vs. LT. COL. JAGDEEP GAHLOT

JUDGEMENT

(1.) This revision petition has been filed under section 21 (b) of the Consumer Protection Act, 1986 against the impugned order dated 24.01.2013, passed by the Delhi State Consumer Disputes Redressal Commission (for short 'the State Commission') in First Appeal No. 564/2011, "The Manager, Punjab National Bank & Ors. Vs. Lt. Col. Jagdeep Gahlot", vide which while dismissing appeal, the order passed by the District Consumer Disputes Redressal Forum on 08.09.2011, allowing consumer complaint No. 1638 of 2009, was upheld.

(2.) Briefly stated the facts of the case are that the complainant/respondent,Lt. Col. Jagdeep Gahlot (retired) filed the consumer complaint in question under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum-VI, New Delhi, saying that he had two savings bank accounts with the Punjab National Bank (PNB), Sector-14 Branch, Gurgaon jointly with his wife Mrs. Sarla Gahlot. The version of the complainant is that on 04.11.2008, while he was on business trip to Chandigarh, he received a telephonic call from Mr. J.S. Beniwal, Dy. Manager of the petitioner-Bank, stating that two transactions had been made in his two accounts, one for Rs.26,000/- and the other for Rs.19,000/- on Internet Banking and the above amounts had been withdrawn from his savings accounts and transferred to some account in Punjab National Bank, Moradabad. On the next day, i.e. 05.11.2008, the complainant met Mr. J.S. Beniwal in the Bank and he was shown the account details, including photograph of the individual who had withdrawn money. He was informed by the Bank that his account had been frozen and his money was safe and was likely to be returned in due course of time. Thereafter, he made a formal request to the Bank on 06.11.2009, followed by reminders for the return of his money, but the Bank did not take any step to return money to his account. The bank lodged an FIR with the Police in the second week of August, 2009 and the investigation was still pending. The bank sent him a letter on 09.10.2009, stating that the fault was of the complainant and the bank was not accountable for the loss. The complainant filed the consumer complaint in question, requesting for the refund of his money along with interest @ 24% per annum and a compensation of Rs.2.00 lacs for mental harassment etc. and Rs.30,000/- as costs of litigation.

(3.) In their reply before the District Forum, Punjab National Bank denied allegations, saying that their Internet banking system had not been hacked by anyone and was working alright. On the contrary, the complainant had not been able to manage his Internet Log-in and Password properly in a secure manner, which resulted in transfer of money from his accounts and the Bank was not responsible for the loss in any manner. It has also been stated in the reply that for both the accounts, the Internet ID and passwords were duly delivered to the complainant on 01.09.2008 as per his instructions and acknowledgement for the same was also taken. The transfer took place to account of one Shri Sahil Mallick at Moradabad, Civil Lines Branch of Punjab National Bank, from where the money was withdrawn by the account holder on the same day from different ATMs. The transfer took place with the help of the authorized Log-in password only and the bank was not responsible for the transfer of the money. The bank also denied that their officer had made any call to the complainant.