Haryana

Ambala

CC/190/2021

Sonu - Complainant(s)

Versus

Axis Bank - Opp.Party(s)

In Person

13 Mar 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	190 of 2021
Date of Institution	:	22.06.2021
Date of decision	:	13.03.2023

 

Sonu, aged about 39 years, wife of late Mr. Surinder Pal, resident of Village Nauhani, Tehsil Barara, District Ambala.

         ……. Complainant.

                                                Versus

1. Axis Bank, Through Manager, Branch Kalpi, Tehsil Ambala Cantonment, District Ambala.
2. Axis Bank Limited, Through Director Axis House, C-2, Wadia International Centre, Padunrang, Budhkar Marg Worli Mumbai - 400 025

                                                                                   ….…. Opposite Parties.

Before:       Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:-     Shri Amit Kumar, Advocate, counsel for the complainant.        

                  Shri Rahul Vig, Advocate, counsel for the OPs.

Order:        Smt. Neena Sandhu, President.

1.                 Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund approximately the amount of Rs.90,000/-, alongwith interest @ 18% per annum, from the respective dates when the transactions were done through credit card, till realization.
2. To pay Rs.20,000/- for the mental distress caused to the complainant.
3. To pay the cost of litigation.
4. Grant any other relief which the Hon'ble Commission deems appropriate.

 

2.             Brief facts of the case are that on 23.10.2012 the complainant has opened a bank account bearing no. 912010055755167 with the OPs. She is a regular customer of the OPs since then.  She went to the OPs in April, 2020 and the employee of the OPs suggested the complainant to take a credit card, for which no annual fee will be charged. As such, she expressed her desire to have the credit card. After few days, complainant received a call from the OPs that she has to pay Rs.1500/- per year, to get a credit card, but she refused to get the credit card. Few days later, OPs through courier, sent the credit card at the residence of the complainant, but she did  not use the said credit card and kept it at home in a closed envelope. In April, 2020, the complainant received a call from OP No.1 saying that the credit card has reached her, upon which she flatly refused to use the credit card and also to pay the charges of Rs.1500/-. Upon this, it was assured that whenever someone from the branch will come to the village of the complainant, he will take back the credit card and same will be closed but to no avail. On 27-05-2021 when the complainant went to withdraw money from her bank account then she came to know about the withdrawal of amount of Rs.30,000/- and Rs 60,000/-, for the transactions done through her credit card but the said transactions were not done by her. Matter was taken up with the OPs by the complainant but to no avail. The complainant even showed the said credit card which was in a sealed courier, to the OPs but all in vain. Thereafter, the OPs blocked the credit card of the complainant and assured that the amount illegally debited will be refunded to her but to no avail. Hence this complaint.
3.           Upon notice, the OPs appeared and filed written version and raised preliminary objection with regard to maintainability, locus standi, not come with clean hands and suppressed the true and material facts etc. On merits, it has been stated that the complainant has herself availed the Credit Facility of the bank and has made transactions through the said credit card.  The transactions in question were secured with authenticated OTP/PIN. As per RBI guidelines the Cards & OTP related information is confidential information which is not supposed to be shared with anyone else.  The complainant was very much aware about the transactions made by her through Credit Card and as well as debit entries made in her account. She is using digital banking for operating her account and allegation regarding that she came to know about debit entry only when she got passbook updated does not merit acceptance. The credit card of the complainant was blocked on the request of the complainant. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with special costs.
4.           Learned counsel for the complainant tendered affidavit of complainant as Annexure CW1/A alongwith documents Annexure C-1 to C-3 and closed the evidence on behalf of the complainant.  Learned counsel for the OPs tendered affidavit of Jasvinder Kumar, Manager/Authorized Signatory Kalpi Branch, Axis Bank, District Ambala as Annexure OP-W1/A alongwith documents as Annexure OP-1 to OP-4 and closed the evidence on behalf of the OPs.
5.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that despite the fact that the complainant did not use the said credit card, yet, the amount of Rs.90,000/- stood debited from her account towards usage of the said credit card. Complainant complaint about the same to the OPs but they neither took any necessary action nor refunded the amount,  which act amounts to deficiency in rendering service on their part. 
7.           On the other hand, learned counsel for the OPs submitted that the complainant has herself availed the credit facility of the OPs. The transactions through credit card are secured by authenticated OTP/PIN, which is confidential. The complainant either made the said transactions herself or shared the OTP/PIN with someone, which resulted into occurrence of the said transactions. 
8.           It may be stated here that admittedly the transactions of Rs.90,000/- took place between the period from 08.06.2020 to 12.05.2021 through the credit card which was issued in favour  of the  complainant by the OPs. It is also not disputed that complaint in this regard was for the first time registered with the OPs vide letter dated 01.06.2021, Annexure C-3. No plausible reason whatsoever has been given by the complainant as to why there was huge delay in bringing the alleged illegal transactions in the notice of the OPs.  It is also significant to mention here that at the time of carrying out any transactions though credit card or otherwise, an OTP is generated or a PIN number/secret number, which is a unique code of four to six digits to authenticate a credit card transaction, is required to be typed. In other words, the credit card transaction cannot be completed without it. There is no dispute that the credit card and the PIN/OTP were in possession of the complainant and thus she was under the responsibility to safeguard the credit card by not divulging PIN/OTP to anybody. It appears that the complainant has shared the said OTP/PIN of her credit card to someone say his relatives etc., which resulted into occurrence of the said transaction from her credit card, for which she cannot blame the OPs. It is also not the case of the complainant that on the very first attempt of the alleged illegal transactions, she reported the matter to the OPs, yet, they failed to block the said credit card. On the other hand, it is an admitted case of the complainant that when the matter was taken up with the OPs i.e. in June 2021, they blocked the said credit card. Thus no deficiency in rendering service on the part of the OPs has been proved by the complainant.
9.           In view of peculiar facts and circumstances of this case, it is held that because the complainant has failed to prove any deficiency on the part of the OPs, therefore, no relief can be given to her. Resultantly, this complaint stands dismissed with no order as to cost. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 13.03.2023.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President