Case Summary
M/s. KCHELL Infrastructure and Trading Company Pvt. Ltd. filed a suit against Oriental Bank of Commerce and others for the recovery of Rs. 7,00,000/- which was fraudulently transferred due to a forged email. The case revolves around allegations of negligence against the bank for effecting the transfer based on fraudulent instructions.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff failed to prove negligence on the part of the defendants. The court found that the fraud occurred due to the plaintiff's negligence in protecting their email system.
Key Reasoning:
Negligence not proved against the third defendant; established practice of fund transfer was followed.
Negligence not proved against the third defendant; established practice of fund transfer was followed.
Why Defendant Won:
Negligence not proved against the third defendant; established practice of fund transfer was followed.
Negligence not proved against the third defendant; established practice of fund transfer was followed.
Supporting Evidence
Negligence is not proved against the 3rd defendant. The practice existing with regard to fund transfer through email fund request. No proof regarding the amount within the suspense account of the 5th defendant.
Judgment Evidence:
In the result, the suit is dismissed. Considering the nature and circumstances of the case there is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. KCHELL Infrastructure and Trading Company Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Oriental Bank of Commerce
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The General Manager, M/s. Oriental Bank of Commerce
- Party Role
- Defendant
- Party Name
- The Branch Manager, M/s. Oriental Bank of Commerce
- Party Role
- Defendant
- Party Name
- The Regional Manager, M/s. State Bank of India
- Party Role
- Defendant
- Party Name
- The Branch Manager, State Bank of India
Plaintiffs Documents
Board Resolution dated 03.02.2017, Power of Attorney dated 03.03.2017, email correspondence regarding the fraudulent transaction.
Defendants Documents
Email requests, responses from the bank, various internal documents showing communication and steps taken regarding the transfer.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Jayakumar G
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Ajeesh. T
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Request for recovery of Rs. 7,00,000/- along with interest and costs.
Evidence:
In the result, the suit is dismissed.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Proves that the plaintiff company authorized Mr. Stephen Cheriyan to engage in the case on behalf of the plaintiff company in connection with the unauthorized fund transfer.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Authorizes Mr. Stephen Cheriyan to act on behalf of the plaintiff.
Reference:
Ext.A2
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the transactions of the plaintiff's account with the 3rd defendant bank.
Reference:
Ext.A3
Document Type:
Email Transaction Intimation
Submitted By:
Plaintiff
Relevance:
Notifies the fraudulent transfer to the 3rd defendant.
Reference:
Ext.A4
Document Type:
Email Complaint
Submitted By:
Plaintiff
Relevance:
Email sent as a complaint to the police regarding the fraudulent transaction.
Reference:
Ext.A5
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledges receipt of the petition regarding the complaint at the police station.
Reference:
Ext.A6
Document Type:
Consumer Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint filed before the Consumer Disputes Redressal Forum.
Reference:
Ext.A7
Document Type:
Certified Copy of Consumer Complaint
Submitted By:
Plaintiff
Relevance:
Certified copy of the version of opposite parties in the consumer complaint.
Reference:
Ext.A8
Document Type:
Email Request
Submitted By:
Defendant
Relevance:
Various emails sent by the plaintiff for the fund transfer request.
Reference:
Ext.B1
Document Type:
Fund Transfer Request Email
Submitted By:
Defendant
Relevance:
Email containing the request to transfer Rs. 7,00,000/-.
Reference:
Ext.B2
Document Type:
Email from Plaintiff
Submitted By:
Defendant
Relevance:
Copy of the email sent by the plaintiff notifying about the fraud.
Reference:
Ext.B3
Document Type:
Copy of Email
Submitted By:
Defendant
Relevance:
Copy of further communication sent by the plaintiff.
Reference:
Ext.B4
Document Type:
Email about Fraud Transaction
Submitted By:
Defendant
Relevance:
Email sent to the plaintiff regarding the fraud transaction.
Reference:
Ext.B5
Document Type:
Copy of Letter and Email
Submitted By:
Defendant
Relevance:
Copy of the letter and email dated notifying about the fraud.
Reference:
Ext.B6
Document Type:
Email Communication
Submitted By:
Defendant
Relevance:
Email from the bank regarding their proceedings on the fraud case.
Reference:
Ext.B8
Document Type:
Follow-up Emails
Submitted By:
Defendant
Relevance:
Series of emails sent by the 3rd defendant regarding the follow-up on the transfer request.
Reference:
Ext.B9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Fraudulent email transfer
Case Code
Case between M/s. KCHELL Infrastructure and Trading Company Pvt. Ltd. vs Oriental Bank of Commerce et al regarding realization of money
Case Code Year
Case between M/s. KCHELL Infrastructure and Trading Company Pvt. Ltd. vs Oriental Bank of Commerce et al regarding realization of money