Date of filing:- 02/01/2023. Date of Order:-04/09/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 01 of 2023.
Hrudamani Debta, S/o. Pitabasa Debta, aged about 38 Years, resident of village. Kermeli, Po. Chantipali, Ps. Melchhamunda, Dist. Bargarh, Pin. 768035, At. Present resident of C/o. Binod patel, Sarbahal, Basant Vihar, Dist. Jharsuguda, Pin.768201.
Complainant.
V e r s u s
- S.B.I. CARD AND PAYMENT SERVICES LTD,Unit 401 and 402, 4th floor Agrawal Millenium Tower, E.1,2,3 Netaji Subhas Palaces, Wajipur, New Delhi 110034.
- Manager, State Bank of India, Padampur Branch, Po/Ps. Padampur, Dist. Bargarh, Pin. 768035.
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Smt. Manisha Mishra, Advocate.
For the Opposite Party No.1 :- :- Sri Debasish Hota, Advocate.
For the Opposite Party No.2 :- :- Ex-parte
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.04/09/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The case of the Complainant is that the Complainant is a Customer of Opposite Party No.2 having S.B A/c No. 30679346422. Opposite Party No.1 is a registered company under companies Act 1956 and upon the request of Opposite Party No.2 the Complainant has received a credit card of the Opposite Party No.1 Company. The Opposite Party No.1 had issued credit card bearing No. 4335/8884/0493/8439. The Complainant operated the account for about one month and made transactions upto Rs. 8000/-(Rupees eight thousand)only and timely deposited the amount in September 2021. On 08/10/2021 at about 3:30 PM in the mobile of the Complainant bearing No. 8658152758 a call came from mobile No. 11800112211 who told the Complainant to be the employee of SBI credit card, the Opposite party No.1 and said to close the auto debit system. As per his direction the Complainant informed his credit card number and also OTP number. After sometime a message came that Rs. 3,74,810/-(Rupees three lakh seventy four thousand eight hundred ten)only from the account of the Complainant has been debited. The Complainant Complaint before the customer care of the Opposite Party No.1 and registered Complaint No. 1133223624343, who informed that the problem will be resolved within 10 days. A F.I.R. was lodged before Jharsuguda P.S. having F.I.R. No. 0502 dated 09/10/2021, After twenty days the Opposite Party No.1 informed that the problem could not be resolved and the amount was shown as loan amount against the Complainant. In the meantime the Complainant has received a copy of Arbitration Case No. AA/2022/SBIC/ARB/68726 showing loan A/c No. 0004335888400975732 dated 02/11/2022 wherein the Complainant has been directed to pay a sum of Rs. 5,66,480.09/-(Rupees five lakh sixty six thousand four hundred eighty and nine paise)only along with interest 18% P.A. w.e.f. 18/07/2022 till realization. Without any fault the Complainant has suffered for the latches of the Opposite Parties. Which amounts to unfair trade practice, harassment and torture to the Complainant. Hence the Complainant filed this case before this Commission.
- The case of the Opposite parties is that the Opposite party No.1 filed its version. Opposite Party No.2 did not appear in the Commission. Sufficient opportunity has been given. But the Opposite Party No.2 did not turn up. Hence Opposite Party No.2 set exparte. The Opposite Party No.1 admitted that SBI card bearing No. 0004335888404938439 was issued to the Complainant by the Opposite Party No.1. The Opposite Party No.1 submitted that the Complainant had approached the Opposite Party at their helpline on 16/10/2021. The Opposite party blocked the card of the Complainant as a precautionary measure to avoid any misuse and transaction request was taken and case was sent for investigation. Hence there is no deficiency on the part of the Opposite Party No.1 and Opposite Party No.1 prayed for dismissal of the case.
- Perused the Complaint petition, version and documents filed by the parties and following issues are framed:-
1.Whether the Opposite Parties are deficient in service ?
2. What relief the Complainant is entitled to get ?
Issue No.1.
It is admitted fact that on 08/10/2021 an amount of Rs. 3,74,810/-(Rupees three lakh seventy four thousand eight hundred ten)only was debited from the account number of the Complainant. The Complainant lodged online Complaint for transaction dispute. The Opposite Party on 11th October sent a message to resolved the matter within 10 day. But in his version submitted that the Complainant approached on 16/10/2021. Statement of Opposite Party No.1 differs. On 25/11/2021 the Opposite Party No.1 sent a message that the transaction dispute of Rs. 3,74,810/-(Rupees three lakh seventy four thousand eight hundred ten)only could not be processed in favour of the Complainant. As per the RBI guidelines 2017-18/15 DBR No. heg BC 78/09/07/005/17/18 there is Zero liability of customer in case of communication within 3 working days. In this case the Complainant lodged Complaint within 3 days. But the problem was not resolved by the Opposite Party No.1. Non resolution of problem of the Complainant amounts to deficiency in service on the part of Opposite Party No.1. Opposite Party No.2 is silent in this matter. The Opposite Party No.2 gives details of customers to Opposite Party No.1, Opposite Party No.2 is the introducer and all transaction are done in the saving Bank account. The Opposite Party No.2 has also not taken any step. As the banker it is the duty of Opposite Party No.2 to resolve the matter. But Opposite Party No.2 fails to do so and remained silent. Accordingly both Opposite Party No.1 and 2 are jointly liable for the online fraud.
The issue is answered accordingly.
Issue No.2.
For deficiency in service of the Opposite Parties the Complainant is entitled to get relief.
The issue is answered accordingly
As per supra discussion the following order is passed.
O R D E R
The Complaint is allowed on contest against the Opposite Party No.1 and exparte against Opposite Party No.2. The Opposite Party No.1 is directed to pay Rs. 3,74,810/-(Rupees three lakh seventy four thousand eight hundred ten)only to the Complainant within one month from this order. Further the Opposite Party No.1 and 2 are jointly liable for Compensation of Rs. 1,00,000/-(Rupees one lakh)only and litigation expenses of Rs. 10,000/-(Rupees ten thousand)only to the Complainant. Failing which the entire amount will carry 12% interest P.A. till realization.
Order pronounced in the open court on this 4th day of September 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal ) ( Jigeesha Mishra )
Dt.04/09/2023 Dt.04/09/2023
M e m b e r (w) P r e s i d e n t.
