DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.535/08
Sh. Surendra Kumar
S/o Sh. Moti Ram
J-134, 2nd floor, Dakshinpuri,
Dr. Ambedkar Nagar, Sector-5,
New Delhi-110062 ….Complainant
Versus
1. Ashish Grover
1B- 94 F/F Lajpat Nagar
New Delhi-110024
2. I.C.I.C.I Bank
Head Office –Delhi
S.D. Tower, Rohini –Sector -8
New Delhi. ….Opposite Party
Date of Institution : 21.08.08 Date of Order 06.12.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
In short, the case of the Complainant is that he had ICICI credit Card No. 4477478253479004 and the limit of the card was Rs. 31,000/. On 29 May 2008, Rs. 13900/-was debited from his credit card in the name of Sh. Ashish Grover R/o 1B- 94 F/F Lajpat Nagar New Delhi-110024 for the BSES bill meter no.CRN-NO-2540015083 and K No.2540C2060329. The OP No.2 sent the bill of Rs. 13900/- to him for payment. He talked to the OP No.2’s officials and informed them that in the above said office, he was working but he had never met Sh. Ashish Grover. The officials of the OP No.2 had stated that they will withdraw the case but the OP No.2 forced him to make the payment. Hence, pleading fault on the part of OP No.2 the complainant has prayed that OPs be directed to pay Rs.13900/- to him.
OP No.1 has been proceeded exparte vide order dated 03.10.11 passed by our predecessors.
OP No.2 in the written statement has admitted that the complainant was holding a credit card bearing No. 4477478253479004 issued by the OP No.2 and having a credit card limit of Rs.31000/-. However, it is stated that the complainant had placed a request for Visa Bill pay service for payment towards electricity bill bearing CRN No. 2540015083. A confirmation call was placed to the complainant in this regard on 11.10.2007. During this confirmation call, the complainant confirmed having given the above CRN No. for billing and further confirmed his date of birth. It is stated as follows:-
“…. It is irrelevant that said CRN number is in the name of some other person apart from the Complainant. It is submitted that the Complainant gave his express consent towards Visa Bill Pay service for the above mentioned CRN number.”
It is denied that the OP No.2 had given any assurance to the complainant that the charges will be withdrawn. OP No.2 has prayed for dismissal of the complaint.
Complainant has filed a rejoinder and reiterated the averments made in the complaint and denied the averments made in the written statement.
Complainant has filed his own affidavit in evidence and relied on the Credit Card statement Ex.CW-1/A. On the other hand, affidavit of Sh. Sanju Kumar, Manager (Legal) has been filed in evidence on behalf of the OP No.2 and relied on copy of confirmation call recording in the form of Compact Disc (CD) Ex.RW1/1.
Written arguments have been filed on behalf of the Complainant.
We have heard the arguments on behalf of the parties and have also carefully gone through the record.
It is not in dispute that the Complainant was having a Credit Card of OP No.2 with the limit of Rs.31000/-. An amount of Rs.13900/- was debited by the OP No.2 towards electricity bill in the name of Sh. Ashish Grover (OP No.1).
It transpires that the Complainant was working on the address of Mr. Ashish Grover, R/o 1B-94, F/F, Lajpat Nagar, New Delhi-110024 but according to him he did not know Sh. Ashish Grover. The payment of Rs.13900/- was debited from Complainant’s account for BSES bill CRN No.2541115083 with K No.2540C2060329.
The said electricity connection was thus installed on the address where the Complainant was working. Therefore, we find it great impossible to believe despite this fact the Complainant did not know Sh. Ashish Grover. Complainant has also not disclosed the nature of his work which he was doing on the above stated address. We are not made aware of the fact whether it was a commercial complex or had some shops or had only one office on the first floor.
It is, no doubt, true that the audio CD Ex. RW1/1 is of no help to the OP No.2 inasmuch as the voice contained therein is not clear and the OP has also not prayed for taking the sample voice of the Complainant and to send the same alongwith the voice in question for some test. It is a settled law that audio recording is one of the weakest types of evidence which cannot be taken into consideration unless contrary is proved beyond all reasonable doubt.
The credit card of the Complainant had a unique Number which should have been within the exclusive knowledge of the Complainant himself and it was not supposed to be in the knowledge of anyone else unless and until the same was made available to that another person by the Complainant himself. Therefore, the using of the credit card in question of the Complainant for payment of the above stated bill was perhaps made with the full consent and knowledge of the Complainant. In short, the preponderance of probabilities lead to only one conclusion that it was the Complainant who had allowed the said Sh. Ashish Grover to use his credit card for the payment of his electricity bill.
Therefore, we hold that the Complainant has failed to prove any deficiency in service on the part of OP No.2 in debiting the amount of Rs.13900/- from his credit card.
In view of the above discussion, we do not find any merit in the complaint and dismiss it with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 06.12.2016.
