Consumer forum holds bank responsible for illegal fund transfer

HDFC bank to pay back money transferred from account without holder's authorization

PTI | April 2, 2010



In a significant ruling, district consumer complaints redressal forum has held HDFC bank responsible for unauthorised fund transfer in an internet banking transaction.

In the order dated March 25, the forum directed the bank to pay a customer the whole amount which had been transferred from his HDFC bank account without his authorisation.

The forum, headed by M G Rahatgaokar, held that the bank failed to implement the guidelines issued by Reserve Bank of India, for net banking facility.

Nikhil Phutane, the complainant, has an account with HDFC's Santacruz branch here.

Qatar National Bank, where he works, transferred Rs 4,60,000 to his account in October 2008. However, Phutane found out in November that his bank balance was zero.

The entire amount had been transferred -- through net banking -- to the account of one Dinesh Shukla, at Lucknow.

According to Phutane, he never authorised HDFC to add Shukla's name to the list of "third party beneficiaries" on his online account.

A police complaint was lodged, and Shukla and four others, including two Nigerian nationals, were arrested, and Rs 70,500 were recovered from them.

Phutane demanded that the bank return him rest of the amount, as he was not at fault.

Since HDFC refused to pay him the balance amount, he filed complaint before the Consumer Forum.

The bank argued before the forum that either Phutane inadvertently had revealed his transaction password to someone, or the computer used by him had a virus.

It also argued that after request for fund transfer was received from his online account, an SMS and an email was sent to him, for confirming the request. Since no reply came, the funds were transferred.

But the forum held that bank failed to prove that such alert had been sent. Further, it held that simply because Phutane failed to respond to mail, the bank should not have proceeded with transfer.

The bank had failed to implement "National Electronic Fund Transfer (NEFT) guidelines, isssued by RBI," the forum held, asking it to pay Phutane the balance amount.

In addition, forum also asked the bank to pay Rs 35,000 to him, on account of "mental agony" and legal expenses.

Comments

 

Other News

GAIL reports annual revenue of Rs.1,30,638 crore

GAIL (INDIA) Limited has reported 75% increase in Profit before Tax (PBT) of Rs.11,555 crore in FY24,  as against Rs 6,584 Cr in FY23. Profit after Tax (PAT) in FY24 stands at Rs. 8,836 Cr as against Rs.5,302 Cr in FY23, a 67 % increase. However, revenue from operations registered a fa

Women move forward, one step at a time

“Women’s rights are not a privilege but a fundamental aspect of human rights.” —Savitribai Phule In India, where almost two-thirds of the population resides in rural areas, women’s empowerment initiatives are extremely critical for intensifying l

Why you should vote

What are the direct tangible benefits that you want from the government coming in power? The manifestos of various parties set a host of agendas which many times falls back in materialising the intended gains. Governance failures, policy lapses, implementation gaps, leadership crisis and cultural blockages

How the role of Ayurveda evolved pre- and post-independence

Ayurveda, Nation and Society: United Provinces, c. 1890–1950 By Saurav Kumar Rai Orient BlackSwan, 292 pages, Rs 1,400  

General Elections: Phase 4 voting on in 96 seats

As many as 17.7 crore electors are eligible to vote in the fourth phase of general elections taking place on Monday in 10 states/UTs. 175 Legislative Assembly seats of Andhra Pradesh and 28 Legislative Assembly seats of Odisha are also going to polls in this phase. Polling time in select as

Is it advantage India in higher education?

Harvard, Oxford and Cambridge: The Past, Present and Future of Excellence in Education By Rajesh Talwar Bridging Borders, 264 pages

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter