John Patole, in his complaint, said that on March 28, 2012, his internet banking facility got locked for some reason. (Representational Image) John Patole, in his complaint, said that on March 28, 2012, his internet banking facility got locked for some reason. (Representational Image) AN ADJUDICATING officer hearing a fraud case held that a man, who lost Rs 2.1 lakh in cyber fraud, could not be allowed full compensation as he had shared his bank details through an e-mail without checking if it had been sent by his bank. The adjudicating officer, however, allowed part compensation of Rs 1 lakh, to be paid by complainant John Patole’s mobile service provider, as fraudsters had managed to obtain a duplicate SIM in his name. Patole, in his complaint filed through cyber lawyer Prashant Mali, said that on March 28, 2012, his internet banking facility got locked for some reason. On April 4, his Idea SIM became inactive and later, he got a new SIM. When he checked his bank account in his mobile on April 21, he saw that instead of Rs 2.10 lakh in his account, only 33 paise was there . Patole approached the bank and was informed that 16 fraudulent transactions had taken place through his account and the money had been transferred on April 7 to banks in Malad, Dindoshi, Kandivali and Bhandup. Patole then approached the police and an FIR was registered. During investigation, it came to light that someone had approached the mobile service provider and got a duplicate SIM in Patole’s name. It ensured that he did not get SMS alerts regarding transactions. The police also found that the accused had sent an e-mail to Patole claiming to be representing the bank and sought his bank details. Assuming it was a genuine e-mail, Patole shared the details that was then used by the accused. Patole then approached the adjudicating officer seeking damages from his bank and the mobile network service provided because of the loss he suffered. S V R Srinivas, the principal secretary (Information Technology), Government of Maharashtra, in his order, said: “In the final analysis, the complainant, of his own accord, has given away the details of his bank account to the fraudsters without further verifying the authenticity of the e-mail received by him. Hence, the complainant cannot be compensated for the whole amount claimed by him.” The order read: “However, it would be fair to hold respondent no 2 (Idea Cellular Ltd) partially responsible… Had they verified the details before issuing a duplicate SIM card to an unknown person, the fraud could have been avoided to some extent.” The adjudicating officer then directed Idea Cellular Ltd to compensate the complainant with Rs 1 lakh. Mali said: “We were expecting damages for the mental harassment and legal expenses incurred by the client. Cases decided after a long period should also mention simple interest, along with the actual loss, because the victim’s money, if it was in a bank, would have earned him an interest even in the savings account.” For all the latest Mumbai News, download Indian Express App

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