FINAL ORDER/JUDGEMENT

SMT.   SUKLA SENGUPTA,   PRESIDENT  

            The petition of complaint has been filed by the complainant U/s 35 of CP Act, 2019 submitting inter alia that he has a savings account in  Axis Bank at Amta Branch having Savings Accounts No.  910010020184123 and credit card bearing No. 4514-5700-2891-4292 valid from 01.02.2019 to 01.02.2024. It is further stated by the complainant that suddenly he received a bill dated 18.01.2020  for an amount of Rs. 40,000/- from the bank which had been illegally and wrongly billed against the credit card for the complainant showing the current outstanding bill of the credit along with interest is of Rs.  62,296.54 only.

 It is alleged by the complainant that they never used the credit card in question for purchasing any kinds of good or taking any loan from the OP bank then he wrote a letter to the OP bank with a request to the OP bank to change his mobile number to 706177816 . He also lodged a general  diary dated  10.09.2020 to the O/c Udaynarayanpur, PS  informing him about the whole incident and also to the Branch of Axis Bank, Rishra Branch.

 It is further alleged by the complainant that the OP Bank started to threaten him over phone and forcing to make payment to the outstanding due amount.  It is further stated by the complainant that he also make the complaint before the OP Bank but in vain.

It is further stated by the complainant that fixed deposit account of the complainant is Rs. 1,00,000/- vide A/c No.   919040008740316 with interest 8.15 % interest. The maturity amount of which is/was 1,22,315/- and the maturity date of which was 29.07.2021 being a senior citizen. The complainant needs amount of money for his own treatment but the OP bank illegally ceased the fixed deposit bank account for which the complainant could not be able to withdraw the amount.

It is further stated by the complainant that the cause of action arose on 18.01.2020 when she received the credit card bill of Rs. 40,000/- from the office of OP-1 which is situated in the jurisdiction of the commission. Hence, the instant case is filed by the complainant with a prayer to direct the OPs to release fixed deposit maturity amount of Rs.  1,00,000/- which is allegedly ceased by the OP along with other relief/reliefs.

 The OPs have contested petition of complaint by filing a WV denying all the materials allegations levelled against them in petition of complaint. It is further stated by the OPs that the  OP bank is a schedule commercial bank and they are running their bank at strict adherence to the guidelines as formulated by RBI coupled with their own internal guidelines.  

It is further stated by the OPs that the complainant had deposited a transaction done through his credit card obtained from the OP bank and which as per the records of the OPs is showing successful transaction without any system error whatsoever so the transaction was authentic.

It is further case of the OP that the complainant have savings accounts with the OP-3 bank and he also using credit card provided by the OP bank on 18.01.2020. The complainant gets a statement regarding credit card amount to Rs.  40,000/- only. A transaction which was purportedly executed by the complainant on 13.01.2020 but to which the complainant raised objection. Hence, the case. The OPs further stated that the mobile No. of the complainant has been registered with both his savings bank account and the credit card wherein the complainant gets instant message alerts after undertaking any transaction.  The credit card is allegedly fraudulent transaction took place on 13.01.2020 even after receiving the alert for allegedly fraudulent transaction,  the complainant did not make any complaint before the OP bank nor he lodged a general diary with the concerned PS within reasonable time.  It is further alleged by the OP bank that the complainant never made application to the OP bank with a prayer to block the credit card immediately. However, the complainant makes first a complaint to the bank through voice call on 09.01.2020 under Ref. No.  26400386 and took almost 8 months to lodge a complaint regarding the alleged fraudulent transaction. After getting the complaint from the complainant the team of the OP tried to redress the grievance but it is outside of their truen around time of 20 days from the date of occurrence of fraudulent transaction. As per guideline of RBI, the complainant should make the complaint within 07 days from the alleged fraudulent transaction.  

However, as per OP’s case there was no deficiency in service or unfair trade practice on the part of the OPs and the petition of complaint as filed by the complainant has no basis at all. The case is liable to be dismissed with cost.

In view of the above fact and circumstances, the points of consideration are as follows.

1. Is the case maintainable in its present form?

2. Is the complaint a consumer?

3. Is there any deficiency in service on the part of the OPs?

4. Is the complainant entitled to get the relief as prayed for?

Decision with Reasons

All the points of consideration are taken up together for convenience of discussions and to avoid unnecessary repetitions.

On a close scrutiny of materials on record and position of law, it is revealed and held that the case is maintainable in the eye of law.

Admittedly, the complainant has savings accounts in Axis Bank at Amta Branch having A/c No. 910010020184123 and credit card bearing No. 4514-5700-2891-4292 valid from 01/2019 to 01/20224 from which it can safely be held by this commission that the complainant is a consumer under the OPs and the OPs are the service providers

From the fact of the case, It appears that on 18.01.2020 the complainant received a bill of Rs. 40,000/- only from the OP bank against the credit card stands in his name and the current outstanding bill of which along with interest of was of Rs. 62,296.54/- only.

 It is alleged by the complainant that he had never used the credit card for purchasing any sort of goods or taking any loan from OP bill dated  18.01.2020 sent by the OP bank addressing the complainant has been annexed with annexure “a”.  

It is further case of the complainant that after receiving the said illegal bill of Rs.  40,000/- , the complainant wrote a letter to the OP to lock the credit card and change his mobile No. to  706177816 and also lodged a GD at Udaynarayanpur PS. Copy of the said letter has been annexed with annexure “B’ . From annexure “B”,  it is found that the complainant got the bill from the OP bank on  18.01.2020 and he wrote the letter to the OP bank  on alleged transaction on 30.08.2020 and prayed for cancelation of due payment as loan on 09.09.2020 to the OP bank. He  lodged the general diary at Udaynarayanpur PS within the district Howrah in respect of fraudulent transaction on  10.09.2020 from which it is palpably clear that after getting the bill of alleged transaction of Rs. 40,000/- from credit card . The complainant was ideally sitting over the matter for long 8 months thereafter, in one time morning suddenly he woke up and wrote a letter to the bank by making complaint that the alleged transaction of Rs. 40 ,000/-  from  his credit card was fraudulent.

It is our common practice in our regular life now a days that when such a fraudulent transaction took place then and there the victim will first run to the concerned bank and made the complaint and  requested the bank to block the card thereafter he lodged the GD at the concerned PS. The complainant not all this things but after long 8 months from the date of occurrence. He made complaint and lodged the GD.  Such conduct of the complainant casted cloud in the mind of commission about the genuinity of his complaint or allegation. The commission find from annexure “C” which submitted by the complainant along with his petition of complaint that in spite of same the OP bank tried to patch up the matter and invited the complainant for cancellation but the complainant did not agree with them.

However, on a close scrutiny of the materials on records as filed by the complainant this commission is of view that the complainant made the complaint  after laps of statutory period in respect of the alleged transaction from his credit card and nothing has done by him within stipulated period just after the occurrence as prudent person can do.  So, the conduct of the complainant did not support his case and he himself stand in way of getting the relief in this case.

On the basis of discussion made above, the commission is of view that there was no deficiency in service or unfair trade practice on the part of the OPs.

So the question of giving compensation to this complainant or allow the prayer of the complainant does not arise at all.

In view of discussion made above, This commission is of view that the complainant is failed to prove his case beyond all reasonable doubts and is not entitled to get the relief as prayed for.

All the points are thus considered are decided accordingly.

The case is properly stamped.

Hence,

Ordered

The case be and the same is dismissed on contest against the OPs without cost.

Copy of the judgment be supplied to the parties free of cost as mandated by the CP Act. The Judgement be uploaded forthwith on the website of the commission for perusal of the party.