ICICI Bank ordered to refund Rs 50,900 illegally withdrawn

Mubarak Ansari
Monday, 2 December 2019

Rahul Dham of Hadapsar filed the complaint against ICICI Bank Bundgarden branch. He contested the case on his own without hiring any lawyer.

PUNE: The Pune District Consumer Disputes Redressal Forum has ordered ICICI Bank to pay Rs 70,000 to a man from whose account Rs 50,900 was withdrawn in 10 transactions without his permission in 2017. 

Rahul Dham of Hadapsar filed the complaint against ICICI Bank Bundgarden branch. He contested the case on his own without hiring any lawyer.

COMPLAINANT’S CASE
As per the complaint, Dham received eight messages between 11.31 pm and 11.40 pm in August 2017, of Rs 5,000 transaction in each message. He transferred Rs 15,000 balance in another account. However, two more transactions of Rs 5,000 each were done. He blocked the debit card and lodged a written complaint of illegal withdrawal of Rs 50,900 from his account.  However, Dham received a letter from the bank that he should register a complaint with the police to take action. “I had not received any one-time password (OTP) message nor anybody asked for the OTP before the transactions were done. The bank refused to refund the amount,” Dham stated in his complaint. 

BANK’S VERSION
The ICICI Bank filed a written statement with the Consumer Forum and opposed contentions of the complainant on the ground that ATM card details were not ‘misused’. 

“The customer has to keep his account details secret. In his case, amount was deducted through e-com transaction for which OTP is not always required. For e-com transaction ATM card number, CVV and PIN can be used for the transaction without any one-time password and these details are known to the customer (card holder) only,” the bank submitted before the forum. 

However, after going through various judgments of the National Consumer Disputes Redressal Commission  and State Consumer Disputes Redressal Commission,  the forum concluded that there was deficiency in service on part of the bank.  The forum, in its order dated November 22, directed the bank to refund Rs 50,900 with nine per cent interest from August 5, 2017, till date of payment. The bank has been ordered to pay Rs 20,000 compensation towards litigation cost and mental agony. 

As per the complaint, Dham received eight messages between 11.31 pm and 11.40 pm in August 2017, of Rs 5,000 transaction in each message. He transferred Rs 15,000 balance in another account. However, two more transactions of Rs 5,000 each were done. He blocked the debit card and lodged a written complaint of illegal withdrawal of Rs 50,900 from his account. However, Dham received a letter from the bank that he should register a complaint with the police to take action.

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