Woman Rs 2 34 Lakh Cyber Fraud Bank Refund Compensation

The District Consumer Disputes Redressal Commission, Gurgaon, has directed Axis Bank to refund Rs 2.34 lakh to a customer who allegedly fell victim to cyber fraud after making payments through an email that sought website renewal.

A bench of president Sanjeev Jindal and members Jyoti Siwach and Khushwinder Kaur held the bank guilty of severe deficiency in service. The commission also awarded the complainant Rs 30,000 as compensation for mental harassment and Rs 22,000 towards litigation costs.

“…the OP (opposite party: Axis Bank) is hereby held guilty of providing a severe deficiency in service to the complainant. As such, the present complaint preferred by the complainant is hereby allowed,” the order dated June 3 read.

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.

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.

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.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More