PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.52/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Swarupa Mishra,

W/O- Sanjaya Kumar Mishra,

R/O-Budharaja, Ps-Ainthapali,

Dist-Sambalpur-768004, Odisha. Mob-9439405289                  ……….......Complainant.

Vrs.

1. The Branch Head, HDFC Bank Limited,

Kadambari Complex, Golebazar, Ps-Town,

Dist-Sambalpur-768001,Odisha.

2. Prop. SokhalKaryana Store,

At-Jethuwal, Near Paviter School,

Dist-Amritsar-143502, Punjab                              ..…....……….Opp. Parties

Counsels:-

1. For the Complainant      :- Sri. P.K.Kar& Associates
2. For the O.P.s                       :- Ex-parte

Date of Filing:13.02.2024,  Date of Hearing :06.05.2024,  Date of Judgement :18.06.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is having credit card No. 4572621500676823 with the O.P. No.1 Bank. On 27.01.2023 the Complainant received about 8 to 9 messages/OTP within a minute in her mobile set. The Complainant out of fear deleted all the messages suspecting unto-ward situation but by that time already Rs. 90,000/- and Rs. 60,000/- were debited from her Bank account against two fraudulent transactions. For allegedly purchase of grocery items from O.P. No.2 which is situated at Amritsar, Punjab. Complainant reported the matter vide reference NO. 14691079 with O.P. no.1 on the same day. The O.P. no.1 assured to take necessary step and after 15 days supplied the bills on demand. Police was also informed vide General Diary No. 37 dated 07.2023 at Ainthapali police Station. The police asked for details of the receiving Branch of transactions, the O.P. No.1 failed to submit. The O.P. No.1 till date not resolved the issue.

Being aggrieved complaint has been filed before the Commission.

2. The Complainant filed a petition to exonerate the O.P. No.2. Notice has been served to O.Ps. O.Ps have been set ex-parte.
3. Perused the documents filed by the Complainant. Credit Card summary shows that on 27.01.2023 two transactions have been made Rs. 90,000/- and Rs. 60,000/- from the account of the Complainant. Complaint No. 24691079 was made before the O.P. no.1. Vide receipt No. 424 dated 27.01.2023 from mobile No. 7988132713 Rs. 90,000/- transaction has been made to-wards purchase of bulk amount of Kirana items and amount debited at 17.49.07 hours. The amount has been credited to O.P. No.2. Likewise Rs. 60,000/- transaction has been made at 17.52.08 through Mobile No. 8988132814 and the amount has been credited to O.P. No.2. Ainthapali police Station registered G.D. No. 037 on 07.02.2023. The O.P. No.1 informed the I.I.C. Ainthapali PS. about the masked credit card number and admitted the total fraudulent transactions of Rs. 1,50,000/-. The centralised receipt and processing centre reply of R.B.I. has been filed. Demand notice dated 15.03.2024 of O.P. no.1 for Rs. 1,55,566.21p and account Statement of A/C No. 50100258568167 of the O.P. No.1 have been filed.
4. This is a fraudulent transaction case in the credit card account of the Complainant and the transactions are made by masked credit card holder twice on 27.01.2023 for Rs. 90,000/- and Rs. 60,000/- total Rs.1,50,000/- respectively.

To curb the unauthorised transaction on credit card the Reserve Bank of India issued guidelines. One of the guideline is immediate intimation to the Bank authority about unauthorised transaction so that refund can be initiated by the Bank,

The guidelines are as follows:-

“If neither the Bank nor the customer is at fault and third party breach led to unauthorised transaction complaint, the following Rules applies for refund”:

• Within 3 days- if the customer reports frauds transaction within 3 days, he/she will have to bear Zero liability whole amount will be refunded in the account by the concerned Bank.
• Within 4-7 days- The customers to bear with the transaction amount or an amount within Rs. 5000/- uptoRs. 25,000/-, whichever is lower in case the unauthorised transaction complaint is made after 3 days and before 7 days.
• After 7 days- The Bank won’t refund unauthorised transaction after expiry of 7 days if the policy does not allow it.

In the present case the Complainant reported the matter before O.P. no.1 vide reference No. 24691079 dated 27.01.2023. The Complainant waited and ultimately filed G.D. No. 037 dated 07.02.2023 and within 90 days the O.P. no.1 has not resolved the issue. Thereafter on 13.02.2024 the complaint was filed.

There is security lapse in the Systems of the O.P. no.1 for which third party invaders enter into the system and causing loss to the customers. The O.P. No.1 within 90 days failed to resolve the issue accordingly is deficient in its service.

Taking into consideration the circumstances of the case following order is passed.

ORDER

The complaint is allowed ex-parte against the O.P. No.1 and dismissed against O.P. No.2. The O.P. No.1 is directed to reverse the fraudulent transactions of Rs. 90,000/- and Rs. 60,000/- within one month of this order. In case of non-reversion the O.P. No.1 is restrained to collect Rs. 1,50,000/- with accrued interest w.e.f. 27.01.2023 and liable to pay compensation of Rs. 50,000/- and litigations expenses of Rs. 20,000/-.

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

Supply free copies to the parties.