Thus, it is clear that the bank cannot claim any amount
from the customer when a transaction is shown to be a 'disputed
transaction'. The bank can recover from the customers only when it can
unequivocally prove that the customer was responsible for such
transaction, independently through the civil court. The RBI guidelines
is a clear mandate to exonerate a customer in such 'disputed
transaction'. RBI circular presumes the innocence of the customer in
such given circumstances. However, this innocence can be
controverted. The onus falls on the bank to prove otherwise.
21. In the present case, the police investigation prima facie
established that fraud has been committed. The beneficiaries hail from
West Bengal. There is nothing on record to establish any connivance
on the part of the petitioners. The police investigation also would
reveal that the accused obtained duplicate SIM cards by using fake
identity cards. It was also brought out that the beneficiaries
immediately withdrew the money from their bank accounts at West
Bengal. In such circumstances, the transactions can be treated as
'disputed transactions'. These transactions would fall within the sweep
of zero liability as referred to in RBI Circular. The remedy of the bank
in such circumstances is to approach the civil court and recover the
amount from the persons who were responsible for such transactions.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
MR. JUSTICE A.MUHAMED MUSTAQUE
WP(C).No.28823 OF 2017(C)
TONY ENTERPRISES Vs RESERVE BANK OF INDIA
Dated this the 11th day of October, 2019
