Issue :Unauthorised
transfer of Funds by Bank with forged signatures
State Bank Of India V/S Sat Pal Gupta (NC)
First Appeal No 1209 of 2017
Decided on 1.6.2022
Facts
NRI Account and FD’s Opened with following Protocol-
I.
Account
holder to provide registered Email to the bank for communication about
transactions
II.
Request
for transaction would be confirmed telephonically
III.
Bank
shall seek scanned signatures from the account holder if any transaction /funds
transfer is to be done
IV.
Bank
Relationship Manager &AGM shall confirm by calling the account holder
Grievance of account holder
·
Funds
transferred from the account in two trasactionsUS dollars 26525from the account
and US doller 7500 by breaking FDR on
receiving e mail Transfer was made to some account in Malaysia and Australia
which were never authorised by the customer
·
Customer
complains but bank took legal advise from advocate and then informs they have
done it as per the advise received from him as per procedure
·
Again
complaint to higher authorities board of director and chairperson of the bank
,received reply the same
·
Third
Complaint to ombudsman who rejected the compalaint without looking into the
version of complaint and without speaking order
·
No
Fir lodged with police by Bank
·
No
action against the erring officer
Matter before State Conmmission and Findings-
·
Email
of account holder was hacked which was confirmed by cyber crime after receiving
complaint from consumer
·
Bank
had failed to confirm about transaction on phone and through scanned signatures
·
Signatures
wer totally different from the specimen signatures as done through forensic
report with specimen signatures ,signatures on pass port and also from other
documents
·
Bank
was to take discharge before breaking FDR which is not done
Bank never made any investigation till the case came
before the court even after three complaints and complaint before ombudsnman
·
Bank
is responsible to safeguard the accounts of account holders from any cyber
crime and take action if some fraud is suspected
·
State
Commission Ordered for –Refund with 9%interest ,Rs 200000/-Compensation Rs
20000/-litigation charges
·
NC
Confirms State Commission Order
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