1. The brief fact of the case of complainant is that being a saving bank account holder under O.P. vide account no. 368901501522 and as per approach of O.P., he availed ICICI Amazon Credit Card facility bearing card no. 4315-8110-7505-2003.  It is submitted that on 16.12.2021 he received a message that an amount of Rs. 25,910/-, Rs. 26,010/- and 26,010/- has been deducted from his credit card account consecutively, whereas he has not received any of the OTPs for such transaction. It is further that on 17.12.2021 he made a complaint to the O.P. regarding such fraudulent transaction and keeping him wait for a month, O.P. advised to lodge a complaint with the Cyber Crime Cell which was registered as Malkangiri P.S. G.D. No. 0006/2022. It is alleged that since then the O.P. has not provided the details as required by the Cyber Cell and the investigation is still pending, and the several efforts of complainant with the O.P. to get back his lost amount, got in vein.Thus showing deficiency in service on the part of O.P., he filed this case with a prayer to credit the lost of amount of Rs. 77,930/- and also to pay Rs. 1,00,000/- and Rs. 20,000/- towards compensation and costs of litigation.

2. O.P. appeared through their Ld. Counsel, filed their counter version admitting the saving bank account no. 368901501522, ICICI Amazan Credit Card bearing no. 4315-8110-7505-2003 was issued to the  complainant and the 3 nos. of consecutively transaction made on 16.12.2021, have denied the other allegations contending that the alleged transactions were online transactions, wherein the customer visit the respective merchant website and executes the transactions using his credit card number, card verification value (CVV), expiry date on the credit card and one time password (OTP).  Further contended that the transaction could not have executed without using the OTP which is only share to the personal number of complainant. Further contended that they have investigated the matter and reversed the amounts on 23.12.2021 and 27.12.2021 and the liability of complainant does not come under Zero liability.  Thus showing their no liabilities with other contentions, they prayed to dismiss the case.        

3. Complainant filed the documents like

1. Copy of complaint to O.P. vide no. SR794862443
2. Copy of letter dated 16.12.2021 at 8.44 PM of O.P. 
3. Copy of letter dated 16.12.2021 at 8.45 PM of O.P. 
4. Copy of letter dated 16.12.2021 at 9.22 PM of O.P.
5. Copy of letter dated 16.12.2021 at 9.26 PM of O.P. 
6. Copy of statement of account as on 31.03.2022
7. Copy of statement of account as on 06.08.2022
8. Copy of alleged transaction details
9. Copy of letter no. 54/Cyber Cell dated 27.01.2022 issued by Cyber Crime Cell to O.P.

Whereas the O.P. filed the document like

1. Copy of statement of credit card.
2. Copy of details of transaction

4. Heard from the parties at length.  Perused the case record and material available therein.

5. From the above documents it is ascertained that Complainant is having the above mentioned saving bank account, availed the ICICI Amazon credit card and 3 nos. of transaction were executed on dated 16.12.2021 in the said credit card  are all admitted facts.  The allegation of complainant is that 3 nos. of transactions were made in his above credit card on 16.12.2021 whereas he has not received any OTP number to execute the same and on approach to the O.P. and as per their advise he lodged a complaint with the Cyber Crime Cell, being registered as Malkangiri P.S. G.D. No. 0006/2022 dated 27.01.2022.  On the basis of such complaint, the Cyber Crime Cell also asked for the O.P. to supply the details as per their requirement for investigation. Whereas the only contentions of O.P. is that without sharing or using the OTP number, the transaction could not be executed and the complainant does not have zero liabilities.

6. Now the question arose when the complainant has not received the OTP number than how the transaction were made successful?

In this connection, we have gone through the documents and ascertained that as per complaint of complainant, the O.P. registered the complainant vide no. SR794862443 and also complainant approached the O.P. to block the alleged card which was also responded by the O.P.All the correspondences are made within a few times from the time of the alleged transactions made out.

Further the O.P. has failed to submit any documentary evidence that they have issued / provided the OTP number to the complainant in manner, whereas the O.P. must have all the relevant documents like entry register or the entire OTP details of that particular period, hence, without any such evidence it cannot be said that complainant has received the OTP number from the O.P.

Complainant filed the document i.e. complaint lodged with the Cyber Crime Cell which clearly indicates that complainant has not received any OTP number from the O.P. whereas the concerned Cyber Crime Cell vide letter no. 54 dated 27.01.2022, has asked the O.P. to supply of several documents to investigate the matter.Further as per the said letter no. 54 dated 27.01.2022 it is clearly seen that complainant has submitted before the Cyber Cell that he has not received the OTP number which is vital point to investigate.But the O.P. has miserably failed to state that whether they have supplied the documents as required by the Cyber Cell for their investigation purpose and also totally silent over the same.Hence we think, had the O.P. provided all the documents to the concerned Cyber Cell, than it could have easily found out about the details of alleged transactions and who has done the alleged transaction, whether it is complainant or someone else has done such transactions.Though the transaction was made with Mobikwick online platform, but it could not be finalized that through whom the alleged transactions were made out without proper investigate by the Cyber Cell.And only credit card statement cannot prove that the complainant has done such transaction.Hence in our view, all the transactions were illegal and not done by the complainant and the complainant any type of liability.

Further it is seen that due to such illegal transaction, complainant must have suffered mentally, sustained financial loss and also faced some sort of physical harassment, which compelled the complainant to seek redress before us, hence complainant deserve some compensation also. Hence this order.

                                                                                        ORDER

The complaint petition is allowed in part.The O.P. is herewith directed to refund the illegal transaction of Rs. 77,930/- with prevailing bank interest and also to pay Rs. 5,000/- towards causing mental agony, financial loss as well as for physical harassment and Rs. 2,000/- towards costs of litigation to the complainant, within 45 days from the date of receipt of this order, failing which, the transaction amount of Rs. 77,930/- shall carry interest @ 10% p.a. from the date of 16.12.2021 till payment.

Pronounced in the open Court on this the 24^th day of August, 2022.Issue free copy to the parties concerned.