Landmark Cases Decided by the Adjucation Office U/Chapt. IX of the IT Act

November 21, 2012, by | Start Discussion

(I)  Shri.Thomas Raju Vs. The Branch Manager, ICICI Bank, Anna Nagar Branch, Chennai

Case decided by – the Adjudicating officer, Government of Tamilnadu.

Civil Jurisdiction.

Petition No. 3 of 2011

Dated– 16th May, 2011

Petitioner, an employee of a Chennai based IT company, suffered a loss of Rs. 1, 62,800/- as a result of the phishing attack. The said amount was supposed to have been transferred on the account of another customer of ICICI Bank.

Petitioner claimed that he had suffered a wrongful loss due to unauthorised access to his savings account at the Anna Nagar branch of ICICI Bank.

Petitioner further claimed that he had suffered a loss as bank has failed to establish a due diligence and in providing adequate checks and safeguards to prevent unauthorised access into his account. Bank had also not adhered to the KYC norms given by the RBI.

The Adjudicating officer directed the ICICI bank to pay damages to the Petitioner under Section 43 of the IT Act.

Following cases are decided on the same subject matter by the same authority –

(Note: – Only citations are provided below, full judgments can be downloaded from http://www.tn.gov.in/departments/it.html)

I) S. Umashankar Vs. ICICI Bank

Case decided by – the Adjudicating officer, Government of Tamilnadu.

Civil Jurisdiction
Petition No. 2462 of 2008
Dated – 12th April, 2010

II) K.J. JeevakaArasu Vs. ICICI Bank

Case decided by – the Adjudicating officer, Government of Tamilnadu.

Civil Jurisdiction
Petition No. 1/e-gov. I/2011
Dated – 6th April, 2011

Sagar is a Law graduate. He is Head at Asian School of Cyber Laws(Maharashtra). He specializes in Cyber Law, Intellectual Property Law and Corporate Law. He teaches at numerous educational institutions across India.

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