Jharkhand

Bokaro

CC/3/2021

Ramdeo singh - Complainant(s)

Versus

Axis Bank Ltd. - Opp.Party(s)

28 Jun 2023

ORDER

          District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-16-01-2021

Date of final hearing-28-06-2023

 Date of Order-28-06-2023

Case No. 03/2021

RamDeo Singh

 R/o Plot no. 121, Lohanchal Compelx, Bokaro Steel City 827012

                                      Vrs.

Axis Bank Ltd.

15D/1, Hotel Blue Dimond, Western Avenue

Bokaro Steel City 827001

Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s case in brief is that he was having credit card No. 4718600100088220  of Axis Bank about which he received a mischievous call on 03.12.2020 at about 10:47 from 9091644142 which caused doubt to the complainant hence he contracted Relationship Manager of Axis Bank, Bokaro for appropriate action including blocking the credit card but no action was taken till 90 minutes thereafter, complainant blocked the card with assistance of customer care, meanwhile at about 13.08 P.M. on 03.12.2020 unauthorized transaction of Rs. 50,000/- took place of the same account causing loss to the complainant. Further case is that if Relation Manager of the Bank would have taken prompt action then such type of occurrence would have been avoided. Mater was reported to the Bank, FIR has been lodged to the Cyber Cell but no action has been taken. Hence this case has been filed with prayer to direct the Bank to pay the said amount with interest, compensate the loss and to stop such happenings in future.
2. Inspite of due service of notice O.P. Bank has not appeared hence vide order dt. 22.08.2022 case is being proceeded ex-parte against O.P.
3. It is submitted on behalf of the complainant that he has already informed to the Bank regarding mischievous call much before but bank has not responded on the prayer and its customer care has also not given prompt response hence it is deficiency in service. Further it is submitted that as per circular dt. 06.07.2017 of the RBI Bank is responsible to compensate the loss.
4. On perusal of the papers annexed with the complaint petition Annexure-1 is photo copy of credit card statement which shows that on 03.12.2020 through that very credit card four transactions have been made including the transaction in question of this case for Rs. 50,000/-. It shows that it is transaction of merchant category. Annexure-2,3,4 are photo copy of the letters written by the complainant to the Bank, Annexure-5 is  photo copy of online FIR which shows that on same day complainant has made five transactions in between 13:08:11 to 13:11:55 hour amongst which he claims that he has not shared the OTP of any transaction but only he is having grievance in respect to first transaction of Rs. 50,000/- saying that he has not shared OTP of the transaction. Annexure-6 is the copy of the E-mail.
5. Later on complainant has filed copy of E-mail dt. 21.09.2021 received from the bank and through that very E-mail bank has responded on the prayer of the complainant. Para a, b, c, d, f of that very letter are being reproduced in this order on which basis claim of the complainant has been denied and those para are as follow:-

1. We wish to mentioned that upon enquiry, it has come to light that the aforesaid disputed E-Com transactions through your credit card account and debit card account have been processed via secured channel i.e. by entering One Time Password (OTP) which is available only with the cardholder along with the card credentials i.e. Card no., Expiry date and CVV.
2. For every transaction, One time Password (OTP) was sent on your registered mobile number and by using the said OTP transaction have been done.
3. Post every transaction SMS alert is also sent on your registered mobile number.
4. Complainant is solely responsible for maintaining the confidentiality of the password, registration data and other verification information, Axis Bank is not liable for loss or damage if any, arising from the complainant’s failure to comply with the terms of service.
5. Axis Bank has taken several steps in educating the customers not to reveal their account related to credentials ( Safe Banking measures/initiatives). Also, Bank never calls up the customers, seeking for their account/card related information.
6. The disputed transaction is a secured transaction and the same cannot be done unless the person is in possession of all the aforesaid details which are confidential in nature and known only to the card holder, unless he/she divulges the same to a third party.
7. We confirm that since these are secured transaction done with OTP, we deny your claim of these transactions being fraud.

6. On perusal of Annexure-2 it is photo copy of letter dt. 03.12.2020 written by Nishant Ranjan the son of the complainant which shows that he was also involved in the transactions. Annexure-5 shows that on same day total 5 transactions have been done by the complainant and in respect to all 5 transactions it is said that OTP was not shared but only transaction related to Rs. 50,000/- has been challenged by the complainant and he has not challenged rest of the four transactions of Rs. 1,00,000/- each about which he claims that he has not shared the OTP. In this way it appears that in respect to some of the transactions about which it is claimed that OTP has not been shared there is no dispute by the complainant hence it contradicts the statement of the complainant.
7. There is no any evidence on record to show that details of the card and OTP have not been shared by the complainant with any other in respect to the secured transaction it is apparent from letter dt. 21.09.2021 of the O.P. written to the complainant.
8. In light of above discussion we are of the view that complainant has not proved his case for grant of relief as claimed. Accordingly this case is being dismissed with cost.
9.  

(J.P.N. Pandey)

                                                                                      President

                                                                            

                   S/d

                                                                               (Baby Kumari)

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