The National Consumer Dispute Redressal Commission has proceeded with a prime decision in which it held that if in case a hacker fraudulently withdraws money from a bank’s customer, then in such a case Bank would be responsible, not the Bank account holder.
The NCDRC held accountable the bank for the omission inside the system while passing the judgement in one of the cases where the victim claimed that the money was withdrawn by the hacker from her account. The suffering women believed that the hacking was done due to technical glitches of the Bank.
The commission noticed that the credit card of the victim was neither stolen nor any kind of details sharing was done from her side. The bank also could not present any evidence of the same. In this regard the Commission asked the Bank to compensate the victim.
In a 2009 case, Jesna Jose the complainant who lived abroad received Rs 80,000 as compensation and interest. Jesna said she obtained her card in 2007 and the fraud took place a year later in 2008. Jesna complaint before the consumer forum in 2009. In this case Bank claimed that the women had not taken care of the card and hence the fraud took place which was later rejected by the NCDRC.
RBI directed, the loss bearer will be decided based on the fault. If it is found that the negligence is on the part of the customer the loss will be borne by the customer and if there is negligence on the part of the Bank, then the bank will bear the loss. In a case where neither bank nor customer is negligent then if the customer complains within 3 working days of the fraud, then the customer will not be liable.
