District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 457/2021.
Date of Institution:14.09.2021.
Date of Order: 27.04.2023..
Rajender aged about 30 S/o Mool Chand R/o Gali NO. 03, Friends Colony, Old Faridabad, Faridabad, Haryana – 121002.
…….Complainant……..
Versus
Axis Bank (through its Branch Manager) basement & Ground floor, HUDA Shopping Centre SCO 8, Sector-16, Faridabad – 121002, Haryana.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Ms. Sapna Aggarwal, counsel for the complainant.
Sh. Nishant Ahmed, counsel for opposite party
ORDER:
The facts in brief of the complaint are that the complainant was maintaining two credit cards of Axis Banks bearing No. 4514570040990197 and 5334670014065581. The complainant was paying his credit card bills regularly and he had never shared his OTP, passward and other personal details with anyone. The last time the complainant used his credit card bearing No. 4514570040990197 was on21.04.2021. The complainant bought an AC using his credit card bearing No. 4514570040990197 on EMI. After then he did not use this credit card until 03.06.2021. On 03.6.2021, when the complainant was going to his office on bike, he tried to use his credit card ending with 4514570040990197 for paying for the petrol at the petrol pump. The complainant could not this credit card and it was showing that is credit card was not active. The complainant tried using his other Axis Bank credit card but he could not use this Axis Bank credit card as well. It was very embarrassing situation for the complainant and he was shocked and worried that his both Axis Bank credit cards were to working. After reaching to his office, the complainant checked the status of his credit car through net banking and was shocked to find that an unauthorized transaction in the amount Rs.50,000/- was done on his credit card 4514570040990197 between 05.05.2021 ti 08.05.2021, which was not made by the complainant. The complainant did not receive any OTP for any of the transaction and did not receive any message for any of the transaction.
The complainant was worried and then he took leave from his office and directly went to Sector-16, Faridabad branch of Axis Bank. The opposite party gave deaf ears to the plight of the complainant and asked him that his query could not be resolved at the branch and he could call toll free number of Axis Bank. The complainant then called the toll free number and was shocked to be informed by the customer care executive that there was no credit card registered with the mobile number of the complainant. The complainant called many times on toll free number and finally in one call got to know that his two Axis bank credit cards were blocks and new cards were activated against these blocked cards. The new cards that were active in the name of the complainant were ending with 6938 and 2273. The complainant did not have any information about these new cards. The credit cards ending with 0197 and 5581 were blocked with no authorization and knowledge of the complainant and new cards were issued against the old one with no authorization and knowledge of the complainant. On this call the complainant got the credit card ending with 2273 blocked but the customer car executive could not block the credit card ending with 6938 for some unknown reasons known to the opposite party. The customer care executive asked the complainant to block this above mentioned card by installing the mobile application of Axis Bank. Then the complainant installed the mobile application of Axis Bank and block the credit card ending with 6938. Credit card ending with 9933 was activated against the credit card number ending with 6938. The complainant got the physical credit card ending with 9933 however the postman did not deliver the card to the complainant as mobile number on the card was different and the complainant was not getting the OTP to deliver the card. The postman took back the card without delivering it to the complainant. The complainant then got this card blocked as well. On 03.06.2021, the complainant made a complaint of this fraud to SHO Cyber Police station, Old Faridabad. On 03.06.2021, the complainant made two complaints to Axis Bank with a request Number 67650694 and 67652468 and it was closed without providing any solution to the complainant. He also made a written complaint to the Axis Bank. On 16.06.2021 and 17.06.2021, the complainant again made a complaint to Axis Bank with request No. 67831361 and 66371 respectively which was again closed without providing any suitable solution to the complainant. On 24.08.2021, the complainant made an online complaint to Banking Ombudsman of RBI against Axis Bank Limited with a complaint NO. 202122007012920. The opposite party reversed the unauthorized transaction of Rs.50,000/- from the credit card of the complainant on 19.06.2021 however again on 10.08.2021 the opposite party charged this amount on the credit card of the complainant. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) reverse the credit amount of Rs.50,000/- plus interest, late fees etc. on this amount from the credit card account of the complainant.
b) not to charge any interest on the disputed amount during the pendency of the proceedings.
c) pay Rs. 2,00,000/- as compensation for causing mental agony and harassment .
d) pay Rs. 15,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that as the transaction made on the credit card No. 4514570040990197 between 05.05.2021 and 08.05.2021 was not a fraudulent transaction as alleged by the complainant . negligence, if any, was on the part of the complainant and not on the part of the opposite party. As per the complainant’s own admission it had been stated in the complainant made to the SHO, Cyber Police Station, on 03.06.2021 which states that some tampering might had been done with the credit card at the store from which the complainant bought air conditioner on 21.04.2021. So, it was evident that due to the negligence on the part of the complainant the alleged fraudulent transaction might had taken place. The information as to blocking of existing credit and issue of new credit cards was sent on the registered mobile number and email id, as per the standard procedure. Due procedure was followed by the opposite party to issue new credit cards and information was sent to the complainant in his registered mobile number and email id. There was no default on the part of the opposite party as there was no deficiency in services proved to the complainant. Negligence of the complainant resulted in the transaction of Rs.50,000/- and the opposite party was not responsible for the act of the complainant. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party Axis Bank Limited with the prayer to: a) reverse the credit amount of Rs.50,000/- plus interest, late fees etc. on this amount from the credit card account of the complainant. b) not to charge any interest on the disputed amount during the pendency of the proceedings. c) pay Rs. 2,00,000/- as compensation for causing mental agony and harassment . d) pay Rs. 15,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1 – monthly statement, Ex.CW2 - letter Witten by the complainant to SHO,, Syber Police Station, Old Faridabad, Ex.CW3 – letter written by the complainant to Axis Bank, Sector-16, Old Faridabad, Ex.CW4 - email, Ex.CW5 & CW6– Credit card statements.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Shri Sandharbh Roy, Authorized Representative of Axis Bank Ltd., having it registered office at Trishul, 3rd floor, opposite Samartheswar Temple, Law Garden, Ellis Bridge, Ahmadabad, Ex.R-1 – Certificate under section 65(B) of the Indian Evidence Act alongwith audio recording (CD).
6. During the course of arguments Shri Shivam Sharma, Authorized Representative alongwith Shri Nishant Ahmed, counsel for opposite party has made a statement that the bank was offering to settle the matter of an amount of Rs.37,000/- which was subject to approval from the bank authorities having office at Axis House, Sectorp-128, Noida Express Way, Japee Green Wish Town Gautam Budh Nagar, UP 201301 as full and final settlement.
As per Certificate under section of 65(B) of the Indian Evidence Act vide Ex.R-1 alongwith audio recording i.e the telephonic communication between the complainant and the officials of the opposite party pertaining to change of registered phone number and email of the complainant. In the CD, the complainant himself has requested the officials of opposite party to change the phone number and email. As per the request of the complainant, officials of opposite party has changed the phone no. and email of the complainant on line and he complainant was satisfied for this.
On the other hand, the counsel for the complainant has stated that neither the complainant had made any telephone call, any message and email through his registered mobile phone to opposite party.
7. After going through the evidence led by the parties, the Commission is of the opinion that as per the emails and telephone number was changed only on the oral requests. As per the law laid down and as per the RBI instructions for the change of the telephone number and email there should a written request. In this case there is no written requests on behalf of the complainant which shows the deficiency on the part of the opposite party. Hence, the complaint is allowed.
8. Opposite party is directed to:
a) reverse the credit amount of Rs.50,000/- plus interest, late fees etc. on this amount from the credit card account of the complainant.
b) not to charge any interest on the disputed amount.
c) pay Rs.2200/- as compensation for causing mental agony & harassment.
d) pay Rs.2200/- as litigation expenses to the complainant.
Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 27.04.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
