TDSAT – Compensation – Banking Unauthorised Online Transaction & Misuse of SIM Card
Learned Adjudicating Officer has ordered Appellant Bank to pay damages by way of compensation to the tune of Rs. 16,34,000/- with compound interest (to be compounded as per the applicable directions of RBI regarding compounding) payable at the Bank rate (issued by RBI from time to time) from the date of fraudulent transaction i.e., 10th April, 2019 till date of payment. Further for mental agony, consultancy and legal expenses including Court fees, a lump sum of Rs. 1.50 Lakhs be also paid to Applicant, Respondent No. 1 within a period of 30 days from the date of the Order, failing which additional simple interest @12% p.a, till date of actual payment, was to be made and this amount are to be borne equally by Punjab National Bank and Non-Applicant No. 3 – BSNL.
On 9.4.2019, the SIM Card of the respondent no.1 became dead. On 11.4.2019, another SIM Card was re-issued and after insertion of new SIM in the moble set, the message of withdrawal of Rs.3,84,000/- was received. The account was checked. It was found that Rs.16,34,000/-.
the Complaint, filed under Section 43, 43-A read with Section 85 of the Information Technology Act, 2000, the Information Technology (Intermediaries Guidelines) Rules, 2011 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information Rules, 2011) was got filed by Green Environmental Technology, against Oriental Bank of Commerce, Branch Manager, Respondent No. 2 and Bharat Sanchar Nigam Limited.
Judgment dated 5.11.2026 in Cyber Appeal No.9 of 2021 of Punjab National Bank, Madhya Pradesh Vs. Green Environmental Technology through its Proprietor Mr Mukesh Kaore and another
