Mumbai: A district consumer commission dismissed a consumer's complaint of deficiency in service against HDFC Bank stating that the husband of the complainant doing an alleged fraudulent online transaction is a criminal matter and not a consumer issue.
The commission stated that there was no interference by the bank. Also, there was no proof filed by the complainant that such fraudulent transactions were done with the help of the bank or that it was involved in the fraudulent online transaction. The commission stated that such a transaction happened obviously because the husband had all the details of the online transaction against whom the wife had filed an FIR and the matter was sub-judice.
Complainant a victim of online fraud
Kandivali resident Nivea Chhabra, in her complaint against HDFC Bank, had stated that she was the victim of online fraud by her own husband who had withdrawn all her savings money and additionally taken a personal loan of over ₹5.11 lakh. He immediately transferred the money to his own account and went underground. The transaction happened between October 7, 2017, and October 16, 2017.
She stated that she filed an FIR and a case was going on at the Chief Metropolitan Magistrate Court and the matter is sub-judice. Chhabra stated in her complaint that the fraud and online access into her account was possible due to lapses, lacunas, shortcomings and deficiencies in service and unfair trade practices by the bank.
The commission observed that while a detailed complaint was filed, no affidavit was filed by Chhabra and that a criminal case needs proof and evidence without which the matter cannot be considered on merit. It stated that the commission was not able to decide on deficiency by the bank and the complaint stands dismissed.
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