ICICI Bank is liable u/s 43A of the IT Act, 2000 as they failed to provide reasonable degree of security practices and procedures to stop illegal transaction.
The West Bengal government has directed ICICI Bank to reimburse a complainant who lost Rs.60,000 due to an illegal transaction due to the new 3D pin feature employed by the bank for the complainant, for which he had not been sufficiently sensitized.
The Adjudicating Officer of the Principal Secretary, Information Technology & Electronics Department, Government of West Bengal found ICICI Bank liable for offence under Section 43A of the Information Technology Act, 2000.
Adjudicating Officer Rajeev Kumar was hearing a complaint filed before him for adjudication under section 43 & 43A of the Information Technology Act, 2000.
Bank's contention that the complainant himself had withdrawn the money, was not accepted since the IP address for the transaction was not that of the mobile operator being used by the complainant. However, bank accepted that no OTP was generated for the alleged illegal transaction as the complainant had enabled a new 3D pin feature, but it was unable to show that the complainant had been sufficiently sensitized about the consequence of this new 3D pin feature.
Accordingly, the matter was disposed with the direction upon ICICI Bank to pay Rs.60,000 to the complainant within 14 days of the order. Furthermore, the compound interest @ 12% per annum was also directed to be payable, if the amount is not paid to the complainant within the stipulated time.