Vrs.
- SBI Cards & Payment Services Limited,
12th Floor, DLF Infinity Towers, Tower C, Block 2,
Gurgram, Haryana-122002.
- Branch Manager State Bank of India
Hirakud Branch,
At/Po-Hirakud, Dist-Sambalpur
Odisha, PIN-768016.
- Regional Manager State Bank of India,
State Bank of India Zonal Office Near Nelson Mendla Chowk,
Sambalpur, Dist-Sambalpur-768001,
State-Odisha.
- Regional Director Reserved Bank of India
Dr. Jawaharlal Nehru Marg,
P.B. No.-16, Bhubaneswar,
Odisha, PIN-751001. ...……….Opp. Parties
Counsels:-
- For the Complainant :- Sri. R.Gupta & Associates
- For the O.P. No.1 :- Sri. D.Acharya & Associates
- For the O.P. No.2 & 3 :- Sri. A.K. Das
- For the O.P. No.4 :- Proforma O.P.
Date of Filing:06.02.2023,Date of Hearing :08.01.2024,Date of Judgement :20.02.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is a customer of O.P. No.1, 2 & 3 having a good credit score with O.P. No.1. The O.P. NO.2 & 3 without any intimation notice and permission deceitfully supplied the information to O.P. No.1 violating the terms and conditions of fixed deposit. The O.P. No.4 is the authority of other O.Ps. The O.P. No.1 force closed the F.D. of the Complainant on the request of O.P. No.2 & 3 without permission to extract money from the Complainant, deducted the money from from F.D. of Complainant and paid to O.P. No.1 amounts to unfair trade practice and deficiency in service.
The amount deducted was disputed, not finalised between the parties. i.e. Complainant and O.P. no.1 whereas O.P. No.2 & 3 prior to closure of F.D., although dispute was informed in writing to O.P. No.2 & 3 deducted which amounts to unfair trade practice.
In the month of February-2022 the Complainant received a new credit card from O.P. No.1 before expiry of previous Card in March 2022. The Complainant placed an order amounting to Rs. 13,499/-. On 21st March 2022 through the said card. The first transaction was made through on 24th March 2022. The Complainant noticed unauthorized transaction between was made through customer care services of O.P. No.1 on 24th March, 2022. Service request 115426866804 was made to block the credit card immediately on 24th March 2022.
The Complainant when approached the O.P. No.2 about unauthorized transaction, the O.P. No.2 replied they have no relation with O.P. no.1 nor they have to file a complaint with police. On repeated request the O.P. no.1 assured to solve the problem within a week and an amount of Rs. 3630/- will be refunded but no any step taken except blocking the card. After one week when O.P. No.1 was contacted as there is no office in the city. The O.P. No.1 on 24th March informed that total outstanding is Rs. 3630/- only after blocking the card. The O.P. No.1 also replied to solve the problem but 21st April 2022. But till 1st June 2022 it was not solved. On the advise of O.P. No.1 an transaction dispute for unauthorized transaction made. The O.P. No.2 & 3 were contacted but no any help was made although they were having knowledge of the facts. The police was informed but they sort for UPI ID of the unauthorized transactions. The O.P. No.1, 2 & 3 were reluctant to provide details as required by police. The O.Ps took 3 to 4 months to provide information.
On 27.06.2022 the Complainant filed a F.I.R. but no any action was taken and harassed.
On 7th October 2022 fixed Deposit of Complainant was closed by O.P. no.2 without prior information. It proves tie up between O.P. No.1 and O.P. no.2 & 3. An amount of Rs. 14,394/- was fraudulently deducted from the premature F.D. closure amount. Complaint was made to O.P. No.2 but no result. A pleader notice was given on 12.09.2022 to O.P. No.1 but no any reply received. The O.P. No.4 was also contacted on 4th June 2022 but information was provided that complaint was closed by letter dated 12th Jan 2023 in relation to complaint No. N-202223003797 2022-23 dated 12th Jan 2023. The O.P. No.1 to 3 misled the Complainant and not taken any timely action. Being aggrieved complaint was filed.
- The O.P. No.1 in its reply submitted that the Complaint is not maintainable. The Complainant applied for a credit card Gold i.e. VISA Card bearing A/C No. 00044Z642674090469 in May 2018 and agreed with the terms and conditions. From 04.04.2022 to 04.10.2022 Seven transactions have been made by the Complainant and as on 04.10.2022 an amount of Rs. 14,394/- was lying outstanding against him.
On different dates from 10.01.2022 to 08.11.2022 e-statement has been accessed by the Complainant. In due dates as payment not made Complainant has been charged with incremental charges. Finance charge is levised at 3.5% per month plus service tax. Every month monthly statement has been communicated. As per agreement late payment fees plus service tax are levied on different slabs of payment. N case non-receipt of payment “Secured Card” (based on F.D) then outstanding is adjusted from the lien amount. On 7th October 2022 the amount of Rs. 14,393.75P was adjusted from the F.D. and credited in the SBI Card account. All authorization are mandate while applying for card. The Complainant has not come with clean hands. There is no any deficiency on the part of answering O.P. and complaint is liable to be dismissed.
- The O.P. No.2 & 3 in reply submitted that the transaction on question was without any consideration and free of charge, accordingly complaint is not maintainable. This Commission has no jurisdiction. The O.P. No.1 (hereinafter SBI) are two different entities. O.P. No.4 is controlling and regulatory authority.
On 09.02.2017 the Complainant has given consent letter “On the strength of this account I am applying for SBI Cards.” The amount was deducted due to loan availed by the Complainant through Credit card. As per tri-partite agreement F.D. has been foreclosed. The Complainant has never come to answering O.Ps for any help. The O.Ps have no any knowledge of F.I.R. made. The O.P. No.2 deducted Rs. 14,394/- from F.D. A/c No. 34236538062 on consent letter dated 09.02.217. When the Complainant defaulted in payment to O.P. No.1 lien marked F.D. was closed and credited to S.B. A/C and amount due to SBI cards was recovered from S.B. A/c. There is no any deficiency on the part of O.P. No.2 & 3.
- Perused the documents filed by both the parties. While availing the SBI card the Complainant has submitted a declaration.
“I have to advise that I am maintaining my F.D. Account No. 34236538062 with State Bank of India and on the strength of this account, I am applying for an SBI Credit Card. I hereby authorize SBI to share the information of any account required by SBI Card solely for the purpose of issue of SBI Card in my name”. From this declaration it is clear that the Complainant has entered into a tripartite agreement with O.P. No.1 and O.P. No.2 & 3. on 09.02.2017. Further on 09.02.2017 the Complainant submitted a consent letter to O.P. no.2 to share information to SBI card. The Complainant is a customer of O.P. No.1 to 3 and making transactions through S.B.I. Card and S.B. A/c F.D. Accordingly, the complainant is a consumer of O.P. No.1 to 3. Hirakud, Sambalpur is coming under territorial jurisdiction of this Commission, hence this Commission has jurisdiction to entertain the complaint.
- The Complainant and O.P. No.1 to 3 have entered into tripartite agreement and accordingly lien marked fixed deposit No. 3423653 8062 foceclosed and amount deposited in S.B. A/C is proper and justified.
- The allegation of the Complainant is that between 22nd March 2022 to 24th March 2022, some unauthorized transactions have been made:
22.03.2022-Google play- Rs. 210.00
22.03.2022-Google play- Rs. 350.00
23.03.2022-Google play- Rs. 210.00
23.03.2022-Google play- Rs. 700.00
23.03.2022-Google software play- Rs. 350.00
23.03.2022-Google payment- Rs. 210.00
23.03.2022-Google payment- Rs. 350.00
23.03.2022-Google payment- Rs. 420.00
24.03.2022-Google payment- Rs. 420.00
24.03.2022-Google payment India- Rs. 550.00
24.03.2022-Google pay- Rs. 420.00
24.03.2022-Replacement Fees- Rs. 100.00
The Complainant has lodged a complaint before Hirakud Police Station on 27.06.2022 vide S.D.E. No. 016 dated 27.06.2022. Transaction dispute was lodged with O.P. No.1 on 17.04.2022. As per Statement ofthe O.P. No.1 on the request of the Complainant on 24.03.2022 the SBI Card account was blocked and Rs. 100/- replacement not charge has been taken. Service request registered as No. 1154268668054. Here question arises when Complaint was made the O.P. No.1 blocked the S.B.I. Card as per Reserve Bank guidelines but the after ward action taken has been disclosed. O.P. no.1 not disclosed anything about the unauthorized transactions made from 22.03.2022 to 24.03.2022 and step taken to recover the amount.
The second point of consideration is that the account was blocked on 24.03.2022 whereas the transaction dispute was made on 17.04.2022. The O.P. No.1 not disclosed why the Complainant was not advised to make the transaction complaint immediately after 24.03.2022 and prolonged the dispute.
The third point of consideration is that F.I.R. was only lodged on 27.06.2022 and till 27.06.2022 the O.P. No.1 failed to provide the unauthorized transactions details made by whom and accounts details. Non disclosure of facts to customer and non-providing timely advise to a customer amounts to deficiency in service on the part of O.P. no.1 and also unfair trade practice. Accordingly following order is passed.
ORDER
The complaint is partly allowed on contest against the O.P. No.1 and dismissed against O.P. No.2 to 4. The O.P. No.1 is directed to refund Rs. 4190/- with 3.5% interest per month w.e.f 24.03.2022 within 30 days. For deficiency in service and unfair trade practice the O.P. no.1 shall pay compensation of Rs. 1.00 lakh and litigation expenses of Rs. 10,000/-. In case of non-payment the entire amount will cover 3.5% interest per month till realisation.
Order pronounced in the open court on 20th day of Feb. 2024.
Supply free copies to the parties.
