STATE BANK OF INDIA Vs. SUBHASH CHANDER

JUDGEMENT

(1.) Challenge in this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), is to order dated 7.3.2014 in Appeal No. 735 of 2013 passed by the State Consumer Disputes Redressal Commission, Haryana (for short "the State Commission"). By its impugned order, the State Commission allowed the Appeal preferred by the Complainant and set aside the Order of the District Forum directing the Bank to pay an amount of Rs. 1,27,447.64/- to the Complainant with interest at the rate of 9% per annum from 28.6.2012 till the date of realisation, together with compensation of Rs. 7,000/- and costs of Rs. 1,000/-.

(2.) The brief facts as set out in the Complaint are that the Complainant was having a Saving Bank account bearing No. 1044803252 with the Respondent Bank and has been issued SBI Gold ATM Card No. 4283760570000017, which he was using for his personal purpose and had kept the password secret. He also got the SMS Alert service enabled to be kept informed about the transactions.

(3.) The Complainant had used his ATM card last on 25.6.2012 at about 4.00 P.M. when he withdrew an amount of Rs. 10,000/-. On 29.6.2012, when the Complainant went through his account status through online banking, he noticed that purchases amounting to Rs. 1,27,447.64/- were made from his ATM Card. He immediately informed the Respondent Bank in writing, which was received by them on 30.6.2012 and an email was also forwarded by the Bank official to the head office seeking details of the place where such transactions had taken place.