Chakshu Roy

The law and short of it


Chakshu Roy

PNB customer who fell prey to phishing gets compensation

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Special court directs bank to pay Rs 45 lakh to aggrieved party; says Pune police still 'not sensitised' to cyber crime.

A special court of the Information Technology (IT) department of Maharashtra has directed the Punjab National Bank (PNB), Pune, to pay Rs 45 lakh to a customer who lost his money in a phishing attack, a cyber crime. The order, while commenting on the investigation into the case by the Pune police, also mentions that Pune police are "not sensitised to cyber crime... the majority of credit card and net banking fraud cases in Maharashtra is from Pune city."

The order was passed by Rajesh Agarwal, secretary (Information Technology) Government of Maharashtra, Mantralaya, Mumbai on February 25, 2013.

As per the case, on August 23, 2011, Rs 80,10,000 was allegedly transferred fraudulently from the account of Poona Auto Ancillaries Private Limited with PNB, Pune. Managing director of the company, Manmohansingh Matharu found his account allegedly hacked. He found that as many as 40 transactions of Rs 2 lakh each, besides another Rs 10,000, were made from his account to accounts of unknown persons without his consent.

Matharu informed the PNB, Pune, and filed a complaint with the Pune police. As per the provisions under the IT Act, 2000, he also filed a complaint with the IT department of the state government at the Mantralaya and sought compensation.

His complaint to the office of Adjudicating Officer, IT department of state government was routed through his lawyers Hemant Chavan, Gaurav Jachak and Divya Chavan-Jachak. "Adjudicating Officer Rajesh Agarwal, secretary of the said office, was the judge of the special court of IT department in the case," said advocate Gaurav Jachak.

The cyber cell of Pune police initiated a probe and money to the tune of Rs 37.6 lakh transferred to different accounts was frozen. Meanwhile, as per an interim order of the special court, the PNB reversed this money to the complainant.

... contd.

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