The order ruled yesterday that a bank cannot be held liable for money lost due to the unauthorised transfer of funds from a personal account to a beneficiary through the internet and if the bank had sent an e-mail or SMS about the same.
The ruling was delivered by the Presiding member of Maharashtra Consumer Disputes Redressal Commission S R Khanzedel.
The ruling was following an appeal by HDFC Bank against an order of a consumer forum which held the bank guilty. The forum also proved that there is no evidence to prove that an official had fraudulently helped in the transfer of funds or that the banks database had been hacked into.
The complainant, Nikhil Phutane, accused Aditya Puri, HDFC bank Chairman and Mairaj Uddin, Manager of Bank's Santacruz branch of being negligent of his funds, and leading to a loss of Rs 3,89,000. He also claimed to have not receieved any notification through mail or SMS.
HDFC on their part feigned innocence saying that there was no fraudulent misconduct on their part and the reason for the misappropriation could be due to the secret pin number being misused. They also asserted that the matter was brought to their notice after 47 days after the transaction had taken place.
"In these circumstances, drawing an adverse inference and thereby to hold that the Bank was negligent vis-a-vis deficient in service is per se a perverse appreciation of the piece of evidence on part of the consumer forum," the appellate court observed and quashed all allegations against the bank.