UNION BANK OF INDIA Vs. VIBHAV REAL ESTATE

JUDGEMENT

(1.) This Revision Petition is filed under Section 58 (1)(b) of the Consumer Protection Act, 2019 (the "Act") against the order of Goa State Consumer Disputes Redressal Commission, Panaji ('the State Commission') dated 31.03.2023 in First Appeal No. 78 of 2018, wherein the State Commission allowed the Appeal and set aside the Order of the District Consumer Disputes Redressal Forum, South Goa at Margao, ("District Forum") dated 05.07.2018 in C.C. No.23 of 2018 wherein the complaint was dismissed.

(2.) For convenience, the parties are referred to as in the complaint before the District Forum. Vibhav Real Estate through its Partners Vibhav Parkar and Smt. Surekha Parkar are referred to as the complainants and Union Bank of India (Earlier Corporation Bank) is denoted as the Opposite Party (OP).

(3.) Brief facts of the case, as per the Complainant, are that the complainant is a partnership firm holding a Current Account No. 510101001310002 with the OP Bank. The complainant's registered mobile number for online transactions, 9822120629 belonging to partner Mr. Vibhav Parkar, received messages on 23.08.2017 about two unauthorized transfers totalling Rs.9,00,000. These transfers were split into two payments of Rs.4,50,000 each, sent to accounts held by Mr. Deepannita Hownik and Mr. Jaiswar Amardev Kumar. The Complainant immediately disputed these transactions, filed a police report, and sought a refund from the Bank. Despite an assurance from the Bank Manager to process the refund, no action was taken, resulting in financial loss and mental stress for the complainant who sent a legal notice to the Bank demanding refund of Rs.9,00,000 with 18% interest per annum from 01.09.2017, Rs. 10,00,000 as compensation for harassment, Rs. 15,000 for legal costs and miscellaneous expenses but no avail. Being aggrieved, the complainant filed a Consumer Complaint before the District Forum.