Date of filing:- 03/01/2023.

Date of Order:-18/06/2024.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

B A R G A R H (ODISHA).

Consumer Complaint No. 02 of  2023.

            Debadatta Mishra, aged 57(fifty seven) years, S/o Late Haribandhu Mishra, resident of Ward No. 13(thirteen), near Kali Mandir, Bargarh, Po/Ps/Dist. Bargarh, State Odisha                                                                           .....       .....     .....         Complainant.

-: V e r s u s :-

1. SBI Cards & Payments Services Ltd., through its Nodal Officer Prosenjit Dhar, at DLF Infinity Towers, Tower C, 10^th-12^th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon-122002 (Haryana).
2. State Bank of India, Personal Banking Branch, through its Branch Manager, near Bandutikra Chowk, Old NH 6, Bargarh, Po/Ps. Bargarh, Dist. Bargarh, Pin-768028.
3. State Bank of India, through its Chairman, at State Bank of India, State Bank Bhavan, 16^th Floor, Madam Cama Road, Mumbai, 400021, State Maharastra.
4. VISA Inc. Technology Centre, at Aquamarine Building, L-4 & 5, Bagmane, WTC, Mahadebpura, Doddanekkundi, Karnataka-560048.

            .....       .....       .....   Opposite Parties.

Counsel for the Parties:-

For the Complainant :-            In person.

For the Opposite Party No.1(one):-     Sri D.Acharya, Advocate with associates.

For the Opposite Party No.2(two)

            and No. 3(three)               :-     Sri B. Behera, Advocate with associates.

For the Opposite Party No.4(four):-    Sri A.K.Dash, Advocate with associates.

                                                            -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra               .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agrawal             .....            .....       .....       .....       .....       M e m b e r (W).

Dt.18/06/2024.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Jigeesha Mishra, President:-   

1)         The case of the Complainant is that the Complainant has bank accounts bearing No. 30398721516 and 33550346038 in the Opposite Party No.2(two) Bank and a Credit Card was issued by Opposite Party No.1(one). The Complainant has been using the credit card and a regular payer without any default. An amount of ₹ 199/-(Rupees one hundred ninety nine)only was being debited to his card and credited to NETFLIX every month. The credit card of the Complainant was disabled for few days for KYC issue in the month of January-February-2022 and was again enabled after compliance on 05-02-2022 the Complainant received an E-mail from Netflix that his subscription has expired since Netflix payment could not be authorized. So he was asked to update subscription. Under the impression that Netflix payment  has been affected since his card was disabled, the Complainant clicked the link in the e-mail to update subscription and furnished the required data, whereupon an OTP was prompted and the Complainant put the same to complete the transaction. Immediately on completion of the transaction, the Complainant learnt that an amount of ₹ 2,25,757/-(Rupees two lakh twenty five thousand seven hundred fifty seven)only (instead of ₹ 199/-(Rupees one hundred ninety nine)) has been debited to his aforesaid credit card. The Complainant verified and learnt that the mail was not issued by Netflix and it was a fraud. Immediately the Complainant raised a dispute from his mobile phone App which was registered as Transaction Dispute No. 1148145692660 dated 05-02-2022. Soon after the transaction, the Complainant received an alert E-mail from the Opposite Party No.1(one) on the same day i.e. Dated 05-02-2022 at 5:47:49 P.M. regarding the transaction with a note to raise complaint if the aforesaid transaction is not done by him. Thereupon the Complainant logged into SBI Card online account and lodged another complaint at 5:50 P.M. on Dt.05-02-2022. In pursuance to Transaction Dispute No. 1148145692660 raised by the Complainant the Opposite Party No.1(one) sent a mail to the Complainant with instructions and an enclosed format to download, fill up and upload for formal complaint. On receipt of mail the Complainant downloaded and fill up the form with all required data and send it to the Opposite Party No.1(one) through e-mail Dt.06-02-2022 which the Opposite Party No.1(one) acknowledged on the same day. On 06-02-2022 the Opposite Party No.1(one) in his mail assured of investigation and resolution of the dispute in 120(one hundred twenty) days. At the same time they instructed the Complainant to remit payment of the transaction amount to avoid levy of charges and they committed that post completion of investigation at their end the amount and charges levied will be reversed. The Complainant started and continued to pay the disputed transaction amount to the Opposite Party No.1(one) through approved EMI. On 06-02-2022 the Complainant lodged an FIR before the Town PS Bargarh and the same was registered as Town PS Case No. 63 of 2022 U/s 420 IPC and 66(C) & 66(D) of the IT Act. On 07-02-2022 the Complainant sent the copy of FIR to the Opposite Party No.1(one) at 1:45 P.M.. The Opposite Party then sent a mail to the Complainant at 3:24 P.M. that as per their records, the disputed transaction was not confirmed by the concerned merchant i.e. the fraudster. Thereafter the Complainant repeatedly requested for an update from the Opposite Party No.1(one) through his mail dated 08-02-2022, 09-02-2022 and 14-02-2022 and further requested the Opposite Party No.1(one) not to release the payment in favour of the concerned merchant i.e. the fraudster. On 16-02-2022 the Opposite Party No.1(one) sent a mail to the Complainant that the complaint is under investigation and they will intimate him by 11-03-2022. But till date neither the Opposite Parties have reverted the amount to the account of the Complainant nor intimated about the result of the investigation. In the relevant part of the mobile application SBI card-Track disputed transaction it still shows that the dispute is under investigation. As against the referred transaction of ₹2,25,757/-(Rupees two lakh twenty five thousand seven hundred fifty seven)only, the Complainant has already paid a total amount of ₹ 2,22,655.18/-(Rupees two lakh twenty two thousand six hundred fifty five and eighteen paise)only (each installment ₹20,164/-(Rupees twenty thousand one hundred sixty four)only to the Opposite Party No.1(one) in 11(eleven) out of 12(twelve) installments. The act of the Opposite Parties not only amount to deficiency and negligence in service but also is an unfair trade practice of collecting undue money with interest from the Complainant. Hence the Complainant filed this case before this Commission.

2)         The case of the Opposite Parties is that the Opposite Party No.1(one), Opposite Party No.2(two), Opposite Party No.3(three) and Opposite Party No.4(four) filed their versions.

            The Opposite Party No.1(one) S.B.I. Card and Payment Service Ltd. submitted that the Opposite Party No.1(one) had issued SBI Card bearing account No. 0004335877862184115 to the Complainant in the month of February-2018. The card was debited for total amount of ₹2,25,757/-(Rupees two lakh twenty five thousand seven hundred fifty seven)only on 05-02-2022. The Opposite Party No.1(one) received Complainant request through internal communication channel and the Opposite Party No.1(one) had blocked the card for further misuse and sent the matter for their internal investigation. Further Opposite Party No.1(one) submitted that any card absent (online/IVR) transaction can not be done without confidential details of the card i.e. card  expiry date, CVV. The respondent always advise their card holders not to share their card details i.e. card expiry date, CVV etc. to any third party. The SBI Card has implemented Dynamic OTP as an additional factor of  authentication for online (3D)/card not presented transactions (CNP) providing enhanced level of security to all CNP transactions. The dynamic OTP and transaction alert were delivered at Complainant registered mobile number and no change in the contact details has been identified. Considering the aforesaid facts, the said disputed transactions were closed in Complainant liabilities. Hence there is no deficiency on the part of the Opposite Party No.1(one).

            The Opposite Party No.2(two) is the branch of State Bank of India situated at Bargarh and Opposite Party No.3(three) is the head of the State Bank of India. The Opposite Party No.2(two) and No.3(three) submitted that Opposite Party No.2(two) and No.3(three) are not liable or responsible for any alleged deficiency or negligence as there has been no transaction of the Complainant pertaining to State Bank of India, all the transaction of the Complainant pertains that of SBI cards of SBI Card and payment Service Private Limited. Further Opposite Party No.2(two) and No.3(three) submitted that there is no cause of action against Opposite Party No.2(two) and No.3(three). SBI and SBI Card and Payment Service Pvt. Limited are not related to each other and have their separate legal entities. Opposite Party No.2(two) and No.3(three) are not necessary party and there is no any deficiency on  the part of the Opposite Party No.2(two) and No.3(three).

            The Opposite Party No.4(four) submitted that there is no cause of action against Opposite Party No.4(four). The Complainant has not levelled any allegation against Opposite Party No.4(four). The Opposite Party No.4(four) has not received any monies from the Complainant. Hence no obligation of retuning monies or compensating as prayed in the complaint arises in any manner.

3)         Perused the complaint petition, versions and documents filed by the Parties and following issues are framed :-

Issues

1. Whether the Opposite Parties are deficient in service ?
2. Whether the Complainant is entitled to get relief ?

Issue No.1(one)

4)         After perusal of record it reveals that the e-mail messages were done between the Complainant and the Opposite Party No.1(one) SBI Card. The Opposite Party No.1(one) in his mail dated 02-06-2022 acknowledged that the maximum time for closure of dispute is 120(one hundred twenty) days and advised the Complainant to remit payment towards the disputed transaction. The Opposite Party No.1(one) submitted in its version that the disputed transactions were closed in Complainant liability. When the dispute was closed the Opposite Party No.1(one) has not mentioned in its version. Further Opposite Party No.1(one) has not made any correspondence about it with the Complainant. Without information Opposite Party No.1(one) has closed the dispute. The Opposite Party No.1(one) last time on 16-02-2022 informed that the complaint is under consideration. The Opposite Party No.1(one) after 16-02-2022 did not provide any information to the Complainant and remained silent and as per own submission the Opposite Party No.1(one) has closed the dispute which amounts to deficiency in service on the part of the Opposite Party No.1(one). The Opposite Party No.2(two), No.3(three) and No.4(four) have no liability in this case as there is no deficiencies on their part. The issue is answered accordingly.

Issue No.2(two)

5)         For deficiency in service of the Opposite Party No.1(one), 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

6)         The Complaint is allowed on contest against the Opposite Party No.1(one) and dismissed against Opposite Party No.2(two), No.3(three) and No.4(four). The Opposite Party No.1(one) is directed to pay ₹2,22,655.18/-(Rupees two lakh twenty two thousand six hundred fifty five and eighteen paise)only  which was paid by the Complainant within one month from the date of this Order to the Complainant. Further Opposite Party No.1(one) is directed to pay ₹ 30,000/-(Rupees thirty thousand)only for deficiency in service and ₹10,000/-(Rupees ten thousand)only for litigation  expenses to the Complainant. Failing which the entire amount shall carry 12%(twelve percent) interest per annum till realization.

            Order pronounced in the open court on 18^th day of June 2024.

                        Supply free copies to the Parties.

                                                                                             Typed to my dictation

                                                                                              and corrected by me.                                                                                                     

                                    I agree,                                           ( Smt.Jigeesha Mishra)

                                                                                                    P r e s i d e n t.

                       (Smt. Anju Agrawal)

                             M e m b e r(w).