DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 106 of 2019

 

1.Smt. Mithu Das Deb,

W/O. Lt. Jatan Kr. Deb,

Radhanagar, Near Community Hall,

P.O.- Agartala, P.S.-West Agartala,

Dist.-West Tripura, Pin-799001.…............….......................Complainant.

 

-VERSUS-

 

1. Branch Manager,

State Bank of India, Dhaleswar Branch,

P.O.-Dhaleswar, P.S.-East Agartala,

Pin-799007.

 

2.  Manager,

Customer Services,

SBI Cards & Payment Services Pvt. Ltd. 

DLF Infinity Towers, Tower C, 12th Floor, Block 2,

Building 3, DLF Cyber City, Gurgaon-122002(Haryana) India.

 

3. Customer Service Department,

State Bank of India,

State Bank Bhavan, 16th Floor, Madam Cama Road

Mumbai 400021.

 

4. The Dy. General Manager, 

Customer Service Department,

State Bank of  India, State Bank Bhavan,

16th Floor Madam Cama Road,

Mumbai 400021.

 

5. M/S. SBI Cards & Payment Services Limited,

(SBICPSL) having its registered office at Unit-401 & 402, 4th Floor,

Aggarwal Millennium Tower, E 1,2,3, 

Netaji Subash Place Wazipur, 

New Delhi-110034. ...................................................... Opposite parties.

 

     __________PRESENT__________

 

 SRI RUHIDAS  PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

For the Complainant : Sri Mridul Kanti Arya,

  Sri Debal Saha,

  Sri Saikat Saha,

  Smt. Nipika Debbarma,

  Advocates. 

 

For the O.P. No.1, 3 & 4 : Sri Prabir Saha,

  Sri Sujit Kr. Benarjee,

  Advocaes.

 

For the O.P. No.2 & 5 : Sri Kaushik Paul,

  Advocate. 

 

 

JUDGMENT  DELIVERED  ON:  21/01/2022.                                                                                                          

  

 

J U D G M E N T

The complainant Smt. Mithu Das Deb, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act 1986 complaining deficiency of service by the O.Ps. 

  The complainant's case in brief is that the Complainant is a SBI Dhaleswar Branch account holder which vide account No.33468557374. In the month of April, 2019 the SBI Bank offered the Complainant to take credit card from their bank and after observing all formalities the O.P. Bank sent the credit card bearing No.5241827305816575 in a envelop in her residential address but the Complainant did not use it. On 08/05/2019 at about 1 P.M. to 4 P.M. and on 11/05/2019 at about 4 P.M. to 6 P.M. the Complainant received one phone call vide number 8931893231 then the Complainant was asked to provide OTP for activation of her credit card and the Complainant on a good faith believing that person as a Bank personnel provided the OTP number which she received on her registered mobile number connected with her savings account. Thereafter, the Complainant noticed that someone fraudulently used her credit card and by way that for an amount of Rs.28,000/- in total debited from the credit card. On 13/05/2019 when the Complainant understood that her credit card account was hacked by someone then she lodged one complaint before the East Agartala Police Station and subsequently the complaint was transferred to the Cyber Crime section. The Complainant informed the Branch Manager of SBI, Dhaleswar Branch along with the FIR copy submitted before the concern P.S. But after submitting the complaint before the SBI, Dhaleswar Branch authority did not take any action to recover the said deducted amount or did not inform the Complainant regarding the status of her complaint. On 18/11/2019 after elapse of 6/7 months of the above incident, one sole arbitrator namely Mr. Pankaj Rai Chopra of SBI Bank sent one arbitration notice to the Complainant from Delhi to appear before him to adjudicate the dispute of credit card having dues of Rs.39,322.42/-. On many occasions the Complainant went to the O.P. Bank and tried to make understand them that her credit card was hacked by someone and the hacker used her credit card but the Complainant did not use her credit card for a single time, so how the complainant was liable to pay the amount. But the Bank official advised her that though the credit card was allotted in her name then Complainant have to pay the entire amount along with the interest. 

Being aggrieved and dissatisfied with the services of the O.Ps. the complainant filed this complaint praying for compensation of Rs.1,60,000/- on account of mental agony hardship suffered by her and litigation cost. 

Hence this case. 

 

2. The O.Ps. has contested the case by way of filing a written statement denying any deficiency of service having been committed by them towards the Complainant. Regarding the alleged withdrawals for an amount of Rs.28,000/- from the account of the complainant, the O.Ps. has asserted that the withdrawals were made on account of disclosure of secret OTP PIN and any other confidential information by the Complainant. The O.Ps. can not be held responsible for the alleged fraudulent withdrawals from the credit card account of the Complainant. The O.Ps. Bank has supplied to the Complainant the details of the transactions as sought for by the Complainant and that the O.Ps. has also informed the Complainant that they were unable to refund the amount as the matter has not being dealt with by the O.Ps. Branch, Agartala.  

The O.Ps. has thus prayed for dismissal of the Complaint for the interests of justice. 

 

3. EVIDENCE ADDUCED BY THE PARTIES:

    The Complainant examined herself as PW-I and submitted his examination in chief by way of affidavit. He has produced 06 documents comprising 07 sheets under a Firisti dated 16/12/2019. The documents on identification have been marked as Exhibit – 1 Series.  

On behalf of the O.Ps. one witness namely Sri Nitu Das, Branch Manager, State Bank of India, Dhaleswar Branch has been examined. The O.Ps however have not adduced any  documentary evidence in support of their case.

 

4. POINTS TO BE DETERMINED:

Based on the contentions raised by both the parties in their pleadings and having regard to the evidence adduced by the complainant the following points are cropped up for determination:

  (I).   Whether there was deficiency of service on the part of the O.Ps.?

 (II) Whether the complainant is entitled to get compensation/relief as prayed for?

 

5. ARGUMENTS OF BOTH SIDES:

      Heard arguments of both sides at length. 

Learned Advocate Mr. M. K. Arya appearing on behalf of the Complainant submitted that on 11/05/2019 at about 4 P.M. to 6 P.M. the complainant received one phone call from mobile number 8931893231, from where the complainant was asked to provide OTP for activation of her credit card and the complainant on a good faith believing that the Bank personnel asked the OTP number and she shared the OTP number. Thereafter, she noticed that someone fraudulently used her credit card and an amount of Rs.28,000/- was debited from her credit card. Complainant also lodgde one complaint before the East Agartala P.S. about the Cyber Crime. Complainant also informed the matter to the Branch Manager of SBI Dhaleswar Branch for remedy. On 18/11/2019 Complainant received a notice to appear before arbitration proceedings. Mr. Arya submits that due to poor security system of O.P. Bank the hackers got the each and every details of the customers including debit card and credit card number and then fraudulently hacking. Mr. Arya submits that due to negligence and deficiency of service caused by the O.Ps. complainant had to suffer a lot and prays for Rs.1,60,000/- as compensation. Mr. Arya also relied upon some decisions of the State Commission & the National Commission. A written argument is also submitted by Learned Advocate Mr. Arya.     

On the other hand Learned Advocate Mr. Prabir Saha appearing for the O.P. No.1 submitted that the present complaint is not maintainable in its present form and nature. He submitted that O.P. No.1 did not issue any SBI Card to the Complainant and it was issued by O.P. No.2 and complaint is bared by mis-joinder of parties. Mr. Saha submitted that O.P. No.2 is a separate wings of the State Bank of India and there was no relation with the SBI Credit Card and the Savings Bank Account. Mr. Saha further submitted that the Complainant admitted that she has shared OTP number for activation of Credit Card and it was her own fault. So, State Bank of India, Dhaleswar Branch could not be said to be liable for the own fault of the Complainant. Mr. Saha submits that the complaint should be dismissed.   

 

6. DECISION AND REASONS FOR DECISION:

Both points are taken up together for the convenience. 

    We have gone through the pleadings as well as the evidences adduced by both the parties. 

In the complaint petition at Para-3, Complainant stated that on 08/05/2019 at about 1 P.M. to 4 P.M. and on 11/05/2019 at about 4 P.M. to 6 P.M. the Complainant received one phone call vide number 8931893231 from where the Complainant was asked to provide OTP for activation of her credit card and the Complainant on a good faith believing that person as a Bank personnel provided the OTP number which she received on her registered mobile number connected with her savings Bank account. Thereafter, she noticed that someone fraudulently used her credit card and an amount of Rs.28,000/- in total was debited.   

Complainant lodged one ejahar regarding the fraudulent transaction before East Agartala P.S. On 06/12/2019. The said FIR was lodged after about 7 months delayed. In the ejahar (Exhibit-I series) she mentioned that she provided OTP. 

The O.P. in their written statement stated that the complaint is not maintainable. It is also stated that as per card holder agreement there is an arbitration clause, which stipulates that in all events of dispute/difference between the card holder and the SBI Cards, the same shall be resolved by appointment of a sole arbitrator and the O.P. shall have the powers to appoint the arbitrator. It is also stated that this Commission has no jurisdiction to deal with the matter. 

O.P. mainly challenged the complaint on the ground that Complainant has violated the VISA Rule and every time Bank Authorities are giving alert to their customers not to share any information/OTP to third-party or any person as because Bank officials will not make any correspondence to their customers through mobile phone. 

At the time of argument, Learned Advocate Mr. Prabir Saha submitted that it is due to the own fault of the Complainant incident occurred and money was withdrawn. For that O.Ps. are not liable and it is not a case of deficiency of service. 

 

7. We have gone through the decisions relied upon by Mr. M. K. Arya. Citations are as follows:- 

i). Judgment/order dated 21/12/2020 passed in connection with Revision Petition No.3333 of 2013 by the National Consumer Disputes Redressal Commission. 

ii). Judgment/order dated 05/03/2018 passed in FA/1284/2013 by the State Consumer Disputes Redressal Commission, Telangana.

iii). Judgment/order dated 26/08/2019 passed in connection with Appeal No.352 of 2018 by the State Consumer Disputes Redressal Commission, U.T., Chandigarh. 

    After going through the aforesaid judgments we find that facts of those cases are not similar to the facts of the instant complaint. In the relied upon cases there was no fact of sharing  OTP. So, the judgments relied upon by Mr. M. K. Arya is not applicable in the instant complaint.        

 

8.          After careful appreciation of the evidences we find that there was no deficiency in service on the part of the O.Ps. Rather we can say that Complainant was at fault. Accordingly, both issues are answered.   

Hence, the complaint is dismissed and no costs. 

Supply a certified copy of the judgment to both the parties free of cost. 

 

 Announced.

 

 

SRI  RUHIDAS  PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.