Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service
3 months, 2 weeks ago

Zero Liability For Customers If Unauthorized Transactions Occur Without Their Fault: NCDRC Holds Union Bank Of India Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held Union Bank of India liable for deficiency in service owing to occurrence of unauthorized transactions. Contentions of the Bank The bank disputed the registered mobile number for the account and argued that the OTPs for the disputed transactions were sent to the complainant's registered number. Observations by the National Commission The National Commission observed that the case centered on the bank's liability for unauthorized online transactions. The commission noted the RBI guidelines mandate zero liability for customers if unauthorized transactions occur without their fault and are reported within three days.

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History of this topic

Know The Law | Banks' Liability When Customers Lose Money Due To Unauthorised Transactions
2 months, 1 week ago

Know The Law | Banks' Liability When Customers Lose Money Due To Unauthorised Transactions

Live Law  

While upholding State Bank of India's liability for a fraudulent and unauthorized transaction reported in a customer's bank account, the Supreme Court recently observed that banks cannot shy away from the responsibility to safeguard their customers from unauthorized transactions reported from their accounts.The order was passed in the case of a customer who indulged in online shopping and. While upholding …

No Principal-Agent Relationship: Delhi State Commission Says No Deficiency By Canara Bank
2 months, 2 weeks ago

No Principal-Agent Relationship: Delhi State Commission Says No Deficiency By Canara Bank

Live Law  

The Delhi State Consumer Disputes Redressal Commission, presided over by Justice Sangita Dhingra Sehgal and Ms. Pinki, has allowed the appeal filled by Canara Bank and exonerated the bank of allegations of service deficiency. Brief Facts of the Case: The complainant filed a complaint before the District Commission, alleging that Canara Bank, acting as a corporate agent for Bajaj Allianz …

NCDRC Holds Experion Developers Liable For Deficiency In Service
2 months, 3 weeks ago

NCDRC Holds Experion Developers Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia held Experion Developers liable for deficiency in service and stated that forfeiture of more than 10% of the basic sale price by the developer is unreasonable. Brief Facts of the Case The complainants booked a 3BHK flat with Experion Developers/developer in Gurgaon after being influenced by Contentions of the …

Consumer Cases Annual Digest 2024 [Part -I]
3 months ago

Consumer Cases Annual Digest 2024 [Part -I]

Live Law  

Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw 134 The Supreme Court recently awarded Rs. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report …

Bank Bound To Personally Notify Discontinuation Of Policy: NCDRC Holds SBI Liable For Deficiency In Service
3 months ago

Bank Bound To Personally Notify Discontinuation Of Policy: NCDRC Holds SBI Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that a bank is bound to personally notify the customer upon discontinuation of an insurance policy entered through them. Brief Facts of the Case The complainant filed a complaint regarding a claim under a Personal Accident Insurance cover linked to a home loan her late husband took from …

Banks Legally Obligated To Ensure Account Safety: Delhi State Commission Holds SBI Liable For Deficiency In Service
3 months, 3 weeks ago

Banks Legally Obligated To Ensure Account Safety: Delhi State Commission Holds SBI Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal, Ms. Pinki and Mr. J. P. Agrawal held that banks are legally obligated to ensure the safety of the customers' accounts and failing to do so amounts to deficiency in service. Aggrieved by the District Commission's order, the bank appealed before the State Commission of Delhi. Observations by the State …

Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service
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4 months ago

Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee and Dr. Sadhna Shanker, held that withholding the buyer's deposit amount beyond the estimated date without any prospect for delivering the possession amounts as deficiency in service. Brief Facts of the Case The complainants booked a residential unit from Realtech Development and Infrastructure/developer for Rs. Despite repeated inquiries, …

NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking
4 months ago

NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia and Mr. Rohit Kumar Singh, held that raising demand for additional amounts and arbitrary cancelling of the booked flat amounts as deficiency in service. Contentions of the Developer The developer argued that the complainant provided contradictory affidavits regarding her income and failed to deposit the required registration amount of …

NCDRC Holds DCB Bank Liable For Withdrawal Of $53,000 From Complainant's Account Due To Fraudulent Hacking And Unauthorized Transactions
4 months ago

NCDRC Holds DCB Bank Liable For Withdrawal Of $53,000 From Complainant's Account Due To Fraudulent Hacking And Unauthorized Transactions

Live Law  

The National Consumer Disputes Redressal Commission bench comprising of Justice A P Sahi held DCB Bank liable for the withdrawal of $53,000 from the complainant's account due to fraudulent transactions resulting from hacking. The State Commission through its order dated 11.05.2023, directed ₹1,00,000 compensation to the complainant and held that the bank had failed in its duty to observe due …

Banks Ought To Give Notice, Opportunity To Pay Dues Before Recovering Customer's Vehicle: NCDRC Holds Kotak Mahindra Bank Liable
4 months, 2 weeks ago

Banks Ought To Give Notice, Opportunity To Pay Dues Before Recovering Customer's Vehicle: NCDRC Holds Kotak Mahindra Bank Liable

Live Law  

The National Consumer Disputes Redressal Commission, New Delhi bench of Dr Inder Jit Singh held Kotak Mahindra Bank Ltd. liable for deficiency in services for its failure to issue a notice before recovering the vehicle secured under a loan agreement. Subsequently, the Complainant filed a revision petition before the National Consumer Disputes Redressal Commission, New Delhi for enhancement of compensation. …

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC
6 months, 3 weeks ago

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, held that the refunded amount should be paid from the date of deposit and should be both restitutionary and compensatory. Brief Facts of the Case The complainant booked a flat with the Punjab Urban Planning & Development Authority/developer and paid ₹3,00,000 as earnest money. The …

Delay In Informing Insurer Of Theft Shouldn't Automatically Repudiate Insurance Claim: NCDRC
7 months, 2 weeks ago

Delay In Informing Insurer Of Theft Shouldn't Automatically Repudiate Insurance Claim: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held National Insurance liable for deficiency in service and held that the interpretation of insurance policy terms should consider the context and the parties' intentions and mere delay in informing the insurer of theft does not automatically repudiate the insurance claim. Observations by the National Commission The National Commission …

Onus To Prove Deficiency Lies With Complainant: NCDRC
7 months, 3 weeks ago

Onus To Prove Deficiency Lies With Complainant: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the onus to prove the deficiency of service against the respondent lies with the complainant. The District Forum directed the finance company to hand over the possession of the vehicle to the complainant in the same condition as it was on the date of taking forcible …

Consumer Cases Half-Yearly Digest: January To June 2024
8 months, 1 week ago

Consumer Cases Half-Yearly Digest: January To June 2024

Live Law  

Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw 134 The Supreme Court recently awarded Rs. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report …

Failure To Provide SMS Alerts For Unauthorized Transactions, NCDRC Holds HDFC Bank Liable
8 months, 2 weeks ago

Failure To Provide SMS Alerts For Unauthorized Transactions, NCDRC Holds HDFC Bank Liable

Live Law  

The National Consumer Disputes Redressal Commission bench comprising Dr Inderjit Singh held HDFC Bank liable for failure to resolve the Complainant's grievances pertaining to multiple unauthorized transactions. Aggrieved by the decision of the District Commission, the Bank filed an appeal before the State Consumer Disputes Redressal Commission, Assam. The Complainant also lodged an FIR on August 13, 2013, and informed …

Bangalore District Commission Holds Union Bank Of India Liable For Failure To Refund Wrongfully Debited Money
8 months, 2 weeks ago

Bangalore District Commission Holds Union Bank Of India Liable For Failure To Refund Wrongfully Debited Money

Live Law  

The Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban bench of Shivarama K and Rekha Sayannavar held Union Bank of India liable due to its failure to refund the money wrongfully debited from the complainant's bank account while attempting to withdraw from the bank's ATM. Brief Facts: The Complainant attempted to withdraw money from an ATM operated by Union Bank …

Responsibility Of Bank To Prevent Unauthorized Transactions , Bangalore District Commission Holds SBI Liable
8 months, 3 weeks ago

Responsibility Of Bank To Prevent Unauthorized Transactions , Bangalore District Commission Holds SBI Liable

Live Law  

The Additional District Consumer Disputes Redressal Commission-III, Bangalore Urban bench of Shivarama K and Rekha Sayannavar held State Bank of India liable for deficiency in services due to its failure to safeguard the FD account of a customer which resulted in unauthorized transactions amounting to Rs. Feeling aggrieved, the Complainant filed a consumer complaint in the Additional District Consumer Disputes …

Customer Is Responsible For Losses Caused By Their Negligence : Ernakulam District Commission Dismisses Complaint Against State Bank Of India
9 months ago

Customer Is Responsible For Losses Caused By Their Negligence : Ernakulam District Commission Dismisses Complaint Against State Bank Of India

Live Law  

The Ernakulam District Commission, presided by Shri. Sreevidhia T.N., held that a customer is responsible for losses caused by their negligence, like sharing payment credentials, until they report the unauthorized transaction to the bank, after which the bank is responsible for subsequent losses. Despite the bank's prompt action in blocking the account upon receiving the complaint to prevent further losses, …

Consumer Cases Weekly Round-Up: 20th To 26th May 2024
10 months ago

Consumer Cases Weekly Round-Up: 20th To 26th May 2024

Live Law  

National Consumer Disputes Redressal Commission Alerting Insurer About Renewal Of Insurance Is Bank's Responsibility: NCDRC Holds Syndicate Bank Liable For Deficiency In Service Case Title: Bank Manager, Syndicate Bank Vs. Ishwar Dayal The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held Syndicate Bank liable for deficiency in service and held that it is the responsibility of …

Banks Cannot Disown Liability For Locker Contents: NCDRC Holds Central Bank Liable For Deficiency In Service
10 months ago

Banks Cannot Disown Liability For Locker Contents: NCDRC Holds Central Bank Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that banks must ensure safety and security to prevent incidents and cannot deny responsibility for the locker's contents. Following the Supreme Court's orders in Amitabha Dasgupta Vs. United Bank of India & Ors, the Commission, referred to the RBI's circular issued on August 18, 2021, outlining banks' liability …

Failure To Reverse Fraudulent Transactions, NCDRC Holds HDFC Bank Liable For Deficiency In Service
1 year, 1 month ago

Failure To Reverse Fraudulent Transactions, NCDRC Holds HDFC Bank Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, New Delhi bench led by Dr. Inder Jit Singh held HDFC Bank liable for deficiency in services for failing to provide security measures to the credit card issued to the Complainant which resulted in unauthorized transactions amounting to Rs. The NCDRC set aside the respective orders of East Delhi District Commission and Delhi State …

Bank Allowing Unauthorized Transaction Exceeding Account Holder's Credit Limit Constitutes Deficiency In Service: Kerala Consumer Commission
1 year, 3 months ago

Bank Allowing Unauthorized Transaction Exceeding Account Holder's Credit Limit Constitutes Deficiency In Service: Kerala Consumer Commission

Live Law  

The District Consumer Disputes Redressal Commission at Ernakulam recently held that unauthorized transactions exceeding the credit limit of an account holder, particularly when such a person did not opt for over-the-limit transaction, would constitute a deficiency of service. In this case, the bank's failure to prevent unauthorized transactions and secure the electronic banking environment constitutes a breach of its duty, …

NCDRC Holds ICICI Bank Liable For Loss Of Original Documents, Awards 25 Lakh Compensation
1 year, 6 months ago

NCDRC Holds ICICI Bank Liable For Loss Of Original Documents, Awards 25 Lakh Compensation

Live Law  

Recently, the National Consumer Disputes Redressal Commission presided by Hon’ble Mr. Subhash Chandra as the presiding member, partly allowed a consumer complaint and directed the ICICI Bank to pay compensation worth Rs. Arguments of ICICI Bank and Bluedart In response the Bank argued that the complaint was not maintainable, as the loss of documents was due to the fault of …

NCDRC Dismisses Revision Petition By IndusInd Bank, Citing Violation Of RBI’s Code Of Bank’s Commitment To Customers
1 year, 7 months ago

NCDRC Dismisses Revision Petition By IndusInd Bank, Citing Violation Of RBI’s Code Of Bank’s Commitment To Customers

Live Law  

The NCDRC presided by President Dr. Inder Jit Singh dismissed the Revision Petition filed by IndusInd Bank Ltd. against Sanjay Ghosh and upheld the State Commission order holding that the Bank had acted in total violation of the instructions contained in the Code of Bank’s Commitment to Customers formulated by Reserve Bank of India. The Revision Petition was filed by …

Deficiency In Service: NCDRC Dismisses Indian Railways' Revision Petition, Directs To Compensate Rs. 4.6 Lakhs
1 year, 7 months ago

Deficiency In Service: NCDRC Dismisses Indian Railways' Revision Petition, Directs To Compensate Rs. 4.6 Lakhs

Live Law  

The NCDRC under the Presiding Member Dr. Inder Jit Singh dismissed the Revision Petition filed by the Indian Railways holding it liable for deficiency in service. Observations of the Commission: The NCDRC dismissing the Revision Petition observed that there is no merit in the Railways' argument that the incident falls outside the jurisdiction of the Consumer Protection Act and should …

Bank Liable For Fraudulent Online Transaction If Account Holder's Fault Not Proved : NCDRC
4 years, 2 months ago

Bank Liable For Fraudulent Online Transaction If Account Holder's Fault Not Proved : NCDRC

Live Law  

The National Consumer Disputes Redressal Commission recently held that in case of fraudulent transactions leading to withdraw of money from a person's bank account, the concerned bank shall be responsible for the loss, not the customer, if it is not proven that the fraudulent transaction had taken place due to account holder's fault. The NCDRC stated that in a case …

RBI Limits Consumer Liability In Cases Of Online Fraud [Read Notification]
7 years, 8 months ago

RBI Limits Consumer Liability In Cases Of Online Fraud [Read Notification]

Live Law  

Stepping in to protect customers from bank fraud, the Reserve Bank of India recently laid out norms to limit the liability of the consumer.“With the increased thrust on financial inclusion and customer protection and considering the recent surge in customer grievances relating to unauthorized transactions resulting in debits to their accounts/ cards, the criteria for determining. Stepping in to protect …

RBI Limits Consumer Liability In Cases Of Online Fraud [Read Notification]
7 years, 8 months ago

RBI Limits Consumer Liability In Cases Of Online Fraud [Read Notification]

Live Law  

Stepping in to protect customers from bank fraud, the Reserve Bank of India recently laid out norms to limit the liability of the consumer.“With the increased thrust on financial inclusion and customer protection and considering the recent surge in customer grievances relating to unauthorized transactions resulting in debits to their accounts/ cards, the criteria for determining. Stepping in to protect …

‘Zero liability’: Your online and card transactions just got way safer, courtesy RBI
7 years, 8 months ago

‘Zero liability’: Your online and card transactions just got way safer, courtesy RBI

India TV News  

In a move that brings welcome relief for customers having to deal with apprehensions regarding fraudulent or unauthorized electronic transactions sweeping away their hard-earned money for no fault of theirs, the Reserve Bank of India has introduced the concept of ‘zero’ or ‘limited liability’ of customers in card and online frauds. As per the RBI’s final guidelines released Thursday, a …

Cyber frauds: RBI norms to protect customer in online banking transactions soon
7 years, 9 months ago

Cyber frauds: RBI norms to protect customer in online banking transactions soon

Firstpost  

Last year in August, RBI had issued draft circular on limiting liability of customers in case on fraudulent banking transactions Mumbai: Reserve Bank will soon come out with final guidelines on customer protection which would limit customers liability in case of unauthorised electronic banking transactions, it’s deputy governor S S Mundra today said. Last year in August, RBI had issued …

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