Woman loses Rs 2.34 lakh in cyber fraud, bank ordered to refund, pay Rs 52,000 relief

The complainant stated that she held an Axis Bank credit card used by her firm to pay subscription charges for its website hosted on a platform. According to the complaint, on February 10, 2025, the firm’s email received a message informing it that its website subscription had expired and providing a link for renewal.

Believing the email to be genuine, the complainant made two payments of Rs 1,20,751 and Rs 1,13,979 through her Axis Bank credit card to an entity. The complainant stated that a few days later, on February 21, 2025, a similar email was received from the same email address. On the receipt of the said email, the complainant conducted an internal inquiry and came to know that the emails were part of a cyber fraud.

The woman alleged that after she filed a complaint with the bank, it wrongly closed the complaint. It was further stated that a cyber complaint was also filed, but no action was taken. She stated that despite repeated follow-ups, the bank did not reverse the transactions, prompting her to approach the consumer commission alleging deficiency in service.

Axis Bank did not appear before the commission despite being served with notice and was proceeded against ex parte.

Refund, compensation awarded

Relying on the complainant’s unrebutted evidence, including copies of the fraudulent emails, transaction records, the complaint lodged with the bank and the cybercrime complaint, the commission found no reason to disbelieve her version. “There is nothing on the record of this file to disbelieve and discredit the aforesaid ex-parte evidence of the complainant as the OP has preferred to be proceeded against ex-parte instead of defending the present lis,” it noted.

Holding the bank guilty of deficiency in service, the commission allowed the complaint and directed the bank to refund the wrongly debited amount along with 9 per cent interest per annum from the date of debit. It further awarded Rs 30,000 as compensation to the complainant for mental harassment and pain and agony, along with Rs 22,000 towards litigation expenses.

The commission directed the bank to comply with the order within 45 days, failing which the entire amount would carry interest at 12% per annum until payment. It also clarified that the complainant shall also be entitled to file the execution petition under Section 71(1) of the Consumer Protection Act, 2019, if the order is not complied with.

Significance of judgment

The ruling assumes importance because it tells us that banks may be held liable for deficiency in service if they fail to adequately address a customer’s complaint arising from cyber fraud. It also highlights that a bank’s failure to contest proceedings can result in the consumer’s unrebutted evidence being accepted, leading to orders for refund of the lost amount with interest, along with compensation for mental harassment and litigation.

For consumer-related grievances, individuals may call the National Consumer Helpline at 1915 for assistance. Consumers in Haryana can dial the toll-free number 1800-180-2087/1967 /14445 /2405 to seek telephonic counseling for the redressal of their problems.