Senior advocate Meenakshi Arora, appearing for HDFC Bank, submitted that the person had opened his account with the bank and was given net banking facility with the kit provided to him.
“Once his account is opened, this person logs into his account through net banking and changes his account Pin (Personal Identification Number), adds a beneficiary and performs three transactions in three consecutive days by transferring Rs 10 lakh each to M/s Lakshmi Narayan Farms,” ​​he said.
Arora said that on three transactions, the person was informed about the transaction through SMS and email, but then he files a consumer complaint alleging fraud from his account.
“On receiving his complaint that his account was being operated by someone else, the bank asked him to visit the branch at the earliest so that the matter could be resolved. He did not visit the branch, instead he approached the consumer forum. Filed a complaint,” he said.
The senior counsel submitted that the NCDRC has noted in its order that the bank produced before the State Commission but did not file its written version within the period prescribed under the Consumer Protection Act and their right to file any written version was closed.
It said that, therefore, no facts were put up in defense by the bank before the State Commission.
On 10 July 2014, the State Commission directed to reverse the three entries in his account through which an amount of Rs 30 lakh was transferred from his account to M/s Laxmi Narayan Farms, Agra within 30 days of receipt. Place the order and furnish the correct details of the account to the complainant.
Arora said that when the bank approached the NCDRC, it recorded everything in its order dated August 26, 2020, but decided not to interfere with the order of the state commission.
The bench asked Arora whether those transactions were RTGS transactions, to which he replied in the affirmative.
He said that the facility of RTGS is given to the customers on applying for opening a bank account.
The bench then asked who was appearing for him? CustomerTo which the senior advocate said that this is the first hearing and notice has not been issued.
The bench said that it is staying the orders of both the NCDRC and the state consumer forum and is seeking the reply of the person and listing the matter for final disposal on a non-miscellaneous day.
The NCDRC in its order has taken note of the accepted facts of the case stating that the complainant had a bank account with the appellant HDFC Bank and there were three transactions of Rs 10 lakh each on 31st October, 2011, 1st November, 2011 and November . 2, 2011 a total amount of Rs.30 lakh was transferred through RTGS to the account of M/s Lakshmi Narayan Farms.
Thereafter, the complainant lodged a complaint with the appellant bank alleging that his account was fraudulently operated by someone and he had not transferred the money and that he had asked the appellant bank to transfer the money to M/s. No instructions were issued. Laxmi Narayan Farm.
He complained in this regard to the bank on 2 November 2011, which replied through letters dated 16 and 23 November, by which the bank had asked the person to visit the branch to resolve the matter.
The person had also lodged a complaint with the police on which the police started investigation and investigation.
When their concerns were not addressed by the bank, the complainant filed a consumer complaint before the State Commission, the NCDRC had noted.