Honourable State Consumer Disputes Redressal Commission (SCDRC)

3rd Floor, Kreta Suraksha Bhawan, 11 A, Mirza Ghalib St, Kolkata,

West Bengal 700087
Complaint Case No- CC/ 139/ 2021

Complainant/ Petitioner Opposite Party

Chinmay Mahanti -Versus- State Bank of India
Vill- Khasmallick, PO- D. Gobindapur Khasmallick Branch
PS- Baruipur, South 24PGS Code No. 9205
Kolkata- 700145 Vill Khasmallick, PO- D. Gobindapur
PS- Baruipur, South 24
Kolkata- 700144

B. N. A (BRIEF NOTES OF ARGUMENTS)

Briefing the whole incident of that complaint-

 Fraudal transaction statement

 Date of Complains lodged
 Harassment regarding lodge of after immense delayed SOP
 Opening Fixed Deposit online with my device and not proving enough
security
 Not receiving Shadow amount from SBI
 Insecurity of the YONO App

I Chinmay Mahanti, resident of Baruipur Khasmallick, a victim of the fraud transaction

that happened on 11th March 2021, which resulted in a loss of Rupees One lakh fifty-
five thousand from the savings account (Rs. 155000) and Rupees One lakh thirty-four
thousand and nine hundred (Rs. 134000) from my fixed deposit account)

1. Fraudelist transaction statement

On the 11th of March, 2021, after the incident when I informed the bank manager on
12th March 2021 about the details of my fraudant transaction, the manager Mr. Biswajit
Mukherjee gave me only the printout of my savings account (Ac. No. 11533676152)
transactions; on the basis of which I lodged a GD (GDE No. 1191) in the police station.

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On 17th March with the detailed assessment of my account, I came to know after three
days, which surpassed by the conquering bank manager, that my fixed deposit account
(which was attached with my primary savings account- Ac. No. 11533676152) has also
been fraudfully debited. When I informed the same to the bank, they gave me the
printout of the fixed deposit transaction. With the copy of my fixed deposit transaction
given by the bank on 17th March 2021, submitted to the cybercrime department again
for the complaint, they told me that they had already found that my fixed deposit
transaction on the very first day on 12th March 2021. Now the question arises when on
the first day (12th March 2021) I asked about all my transaction history to the bank
manager, he could easily access the detail of all my account and my transaction history,
but the bank manager had not informed me anything about the Fraudal transaction
from my fixed deposit. Here it is crystal clear from this about the intention and purpose
of hiding the information by the bank manager which is clearly deficiency in-service
towards me and ignorant; whose indication was clearly evident. It looks like he
purposely made the recovery investigation with immense delayed. That resulted I
severe harassment to your petition/ complainant.

2. The complainant lodged complaints to the bank and to the local police station
stated herein-
 General diary to the police station on 11 th March 2021 (Amendment complaint-
Page no. 08)
 Within 24 hours to the bank- on 12 th March 2021 (Amendment complaint- Page
no. 09)
 Within 24 hours to the Cyber Crime department, on 12 th March 2021.

3. Harassment regarding lodge of after immense delayed SOP

I have submitted my detailed KYC to the bank not once but thrice. They have not
provided me any fraud claiming form, where I can put my details about my savings and
fixed deposit account, till 30th August 2021. I was only given an “ATM dispute form”,
where I could only put my ATM dispute. I had not filed up the form because, going by

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the entire circumstances, I had an unauthorized electronic transaction from my Savings
account a total of Rs. 1,55,000/- and from my Fixed deposit account total of Rs.
1,34,900/-, from which only Rs. 20,000/- was an ATM transaction. The form provided
by the bank did not have any section to provide any more details about other
transactions from my Savings account and Fixed deposit account. I was skeptical about
the matter, worried and thoughtful if at all the form would be accepted as the SOP for
my whole fraud. Only the person himself can realize and fathom the pain and agony of
the anguish of losing his hard-earned money, which he saved for years; the only savings
he had for his whole life. For the recovery of that money, only a fanatic and irrational
person will think of not following the Standard Operational Procedure. An insensible
and bizarre person also understands his own good.

When I asked the bank manager about it, he told me that he has only this form for
filling up my details for SOP. The branch manager has purposely lied and presented the
whole incident in a wrong and incorrect way to the higher authority. Realizing the
matter, on 22nd April 2021, I posted an application, requesting a proper full SOP form.
Even then the bank had not cooperated anything regarding the matter. When I was not
getting any positive cooperation, I gave another application to the bank manager as
well as to the regional manager asking and requesting for further help and support.
Even after this, no matter how many times I went to the bank for follow-up, they have
returned me saying that they do not have any report or information.

On 1st September, AGAIN, I made an application to the branch manager, asking for the
proper full SOP form; and discussed the matter with the regional manager. Only after
that, through the regional manager, I was provided the proper full SOP form.
The evidence of my conversation with the bank manager regarding not providing me
the proper SOP form, is submitted in a CD format to the honorable commission.
This proves that he had intentionally ignored the matter and delayed the whole process
of Standard Operational Procedure, it is a severe negligent act to deprived the

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complainant. It is the duty of the bank manager when such an incident come within his
knowledge, he is ought to do things which he had not done.

4. Fixed Deposit

This another incident happened due to the negligent act of the bank manager. When I
went to the bank to make a Fixed deposit of my hard-earned money (Rs. 150,000/-),
they took my phone and, in a way, quite persuasively, instead of my repetitive
negation, opened my fixed deposit account from my phone, via YONO app; transferring
the amount online from my savings account. There was no physical authentication of
the process, and neither did they give me any kind of certificate for the fixed deposit
account they created. They did all these online with my device without providing me
with proper knowledge and neither they could provide me enough security and safety
of the same, for which I am in this condition now.
After all these, still, I had blind faith in the bank, that my hard-earned money in the
fixed deposit account is in safe hands. But there was no safety of that either, in the
bank.

5. Not receiving Shadow amount from SBI. After complainant lodged for the Fraudal
transaction; which was not realized by me.

I have received 3 SMS from the SBI, mentioning Shadow Amount against my
complaint’s ticket number, dated- 23 rd March 2021 (Rs. 25,000/-), 20 th April 2021 (Rs.
40, 000/-), 22nd April 2021 (RS. 50,000/-).

I went and asked several times to the bank about the matter but got no help or
corporation from the bank manager about these SMSs; neither did I get any
suggestions from him about what to do further for getting this thing processed. The
only thing he said was, “I do not know anything about these SMSs. If I get to know
anything, I will inform you.” Hence, I was compelled to go to the SBI Kolkata head office
at Strand Road for knowing the details. There at the customer grievance cell, I came to

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know that my shadow amount is not credited as my SOP is incomplete which was due
to the intentionally done by the bank manager. Only after informing this to my bank
branch, the Bank gave me the full SOP form on 1 st September 2021; which I submitted
back soon.
I cannot help but only blame the Bank entirely responsible for this delay and for not
getting my shadow amount credited.

6. Insecurity of the YONO App

The online transaction app for SBI- SBI YONO, is an insecure application, which results
in multiple unprotected and vulnerable fraud cases, which happen every now and then;
which they are installing in their customer’s mobile phones, forcefully compelling all
the customers to install by them, as a result all the statement data remained with them
concurrently have the fraudant transaction.

Every day they fulfill their target like this, to install this particular app on all the
customer’s phones, without consent. They take the device of the customer, prior to the
customer’s apprehension and perception, and they themselves install the app in all the
customer’s phones.
This is a business policy which is eye washed and shown to us as our benefits.

Precisely the same way the app was installed by bank in my phone, without consent,
taken convincingly and persuasively from me, without informing me of the provisions
and full capabilities of the app; handed me a tiny unofficial chit with some numbers and
password after the installation; the counter part of the details handed over me
remained with the bank. (Attached with the evidence section, Page no. 23)
A bank that cannot give proper security to their customer’s hard-earned sweat money,
to the only fixed deposit of life, after a lot of effort and hard work; should think and
judge their lacking system and functioning, before blaming their customers for any
misfortune.

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Hence, I entirely consider the insecurity of the YONO app responsible for the fraud that
happened with me; at the same time, the BANK making me to install the app under
compulsion.

7. Earlier awareness from the bank was only limited to not share any personal details
or otp to any unknown caller over phone. During covid situation, when almost
everyone was panic stricken, the frauder did not even asked me anything during the
conversation, neither I shared any of my personal details. They already had all my
personal details with them, (which for sure the bank had).
Everyday a new innovative method is getting invented for money scam from the
bank, without even sharing any details at all.

On all the above-mentioned points and evidence attached to the complaints, it is

crystal clear that the Bank is solely responsible for making this fraud easy and not
helping me or cooperating with me in any way in recovering my hard-earned lost
amount. That the opposite party doing unfair trade for practice and deficient in service.
Presently I am redundant and leading a life of intense and severe financial and mental
breakdown. I have lost all my life’s savings, and the bank has not provided me with
enough security or even not cooperated with me in recovering my lost money. The
complaint I made against the bank for its misconduct, and irresponsible behavior are all
truthful to the best of my knowledge; given to the court with appropriate evidence.

I had made a complain to the police station, made a complain to the Cyber Crime
department, asked for help intensely and repetitively from the bank and ultimately
went to the Reserve bank of India ombudsmen forum. After all futile and failed
attempted, the RBI advised and directed me to approach and avail for legal action. And
hence in this present position now.

The insecurity of the YONO app and the ignorance, unimportant approach, and
obliviousness of the bank obliging me to blame the bank to the fullest for my loss.
Hence considering my condition I hereby pray with my whole heart to the honourable

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District Consumer Dispute Redressal Commission to redress the case after considering
above mentioned submission. Your complainant is entitled to get relief as prayed in this
complainant application.

Cited documents-

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