IndusInd Bank Ltd. v. Amos Corporation & Ors.
In the Telecom Disputes Settlement and Appellate Tribunal
Misc. Application 369/2021 in Cyber Appeal 10/2019
Before Justice D.N. Patel, Chairperson and Mr S.K. Gupta, Member
Decided on July 27, 2022

Relevancy of the Case: Appeal against the Adjudicating Officer’s decision in a case involving a bank allowing withdrawals beyond the set limit of a customer’s account

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 57)
• The Telecom Regulatory Authority of India Act, 1997 (Section 14, 14A)

Relevant Facts of the Case

• The appellant challenged an order by the Adjudicating Officer of Gujarat in Civil Complaint number 56. The order, dated November 15, 2018, directed the appellant to pay ₹1.5 lakhs and a penalty of ₹ 50,000 within one month.

Prominent Arguments by the Advocates

• The respondent’s counsel argued that the appellant’s bank had allowed withdrawals beyond the set limit. Hence, they are liable to refund the losses incurred.
• The appellant’s counsel mentioned their Miscellaneous Application to set aside the Tribunal’s order dated August 17, 2021.

Opinion of the Bench

• The appellant bank had allowed withdrawals beyond the set limit.
• Prima facie, the bench directed the appellant to deposit ₹3 lakhs before the Registrar of the Tribunal via a bank draft by August 31, 2022, with no admission to facts implied.

Final Decision

• The bench adjourned the matter to September 23, 2022.