DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/191/2022
Date of Institution: 08.08.2022
Date of Decision: 12.12.2024
Hani Kumar son of Ashok Kumar resident of Sahibzada Ajit Singh Nagar, Gali No. 3, Ward No. 24, Barnala, Tehsil and District Barnala, Punjab.
…Complainant
Versus
Dhani Loans & Services Limited its registered office at M-62 & 63, First Floor, Connaught, Location, New Delhi-110001.
…Opposite Party
Complaint Under Section 35 of the Consumer Protection Act, 2019.
Present: Sh. Arshdeep Singh Arshi Adv counsel for complainant.
Sh. Chander Bansal Adv counsel for opposite party.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Smt. Urmila Kumari: Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under The Consumer Protection Act against Dhani Loans & Services Limited its registered office at M-62 & 63, First Floor, Connaught, Location, New Delhi-110001 (in short the opposite party).
2. The facts leading to the present complaint are that the complainant saw on Facebook the advertisement of Dhani Credit Card Scheme and after submission of requisite information, the complainant did not use Dhani app anymore and the complainant did not receive any hard-copy of credit card or any other document of confirmation of Dhani Credit Card Scheme. It is further alleged that the complainant did not apply for any loan and opposite party neither disbursed any loan amount nor sent any sanction-letter to the complainant at any point of time. It is alleged that after few days of sign up on the 'Dhani' application when the complainant tried to delete the account on the said 'Dhani' application, then he noticed some illegal and fraudulent transactions which are clearly depicted in the statement which generated from that very said application. It is further alleged that the complainant did not share Card Number, CVV, PIN and OTP with anyone and even the complainant did not receive any SMS on registered mobile number about the above-mentioned illegal transactions. It is alleged that on 27.02.2022 the complainant sent an e-mail at customer support e-mail address of the 'Dhani' application, in which he complained about the deception which caused at the end of the opposite party. It is further alleged that in the month of February 2022 other people who never applied for a loan, but loan get disbursed by opposite party (Dhani), are also aggrieved by fake loan disbursement scam. It is further alleged that in the month of April-2022 a legal demand notice pertaining to Rs. 37,516/- sent by Mr. Ashok Narwat Advocate on behalf of M/s Dhani Loans & Services Ltd., and the complainant then sent reply to the said legal demand notice on dated 28.04.2022. It is alleged that the opposite party are wrongly demanding the illegal outstanding which caused due to fraud transactions and the complainant had informed the 'Dhani' application support team through E-mail about fraudulent/illegal transactions on 27th February 2022, but the opposite party did not take serious to complaint of the complainant. It is further alleged that the statement which generated from Dhani application depicts illegal/fraudulent transactions clearly because the complainant not a single time paid any bill of credit card and contrary to it and so many bill payment transactions are shown on statement. Thereafter, one hearing-notice was also received from Mr. Kanwar Lal Chaudhary, Advocate Chandigarh, for the purpose of conciliation proceedings then the complainant approached the said Advocate and made there his statement. The opposite party through their representative/agents is continuously making telephone-calls to the complainant and harassing him unnecessarily without any fault. The act of the opposite parties is not only a deficiency in service but also amounts to unfair trade practice. Hence, the present complaint is filed seeking the following reliefs:-
- To clear the outstanding which they made due fraudulently towards the complainant.
- To pay Rs. 50,000/- as compensation on account of mental tension, agony, physical harassment and financial loss suffered by the complainant and Rs. 25,000/- as litigation expenses.
3. Upon notice of this complaint, the opposite party appeared and filed written version by taking preliminary objections interalia on the grounds that the complaint is not maintainable either on facts or in the eyes of law and is liable to be dismissed as the complainant has not come before this Commission with clean hands. In fact, the complainant has suppressed material facts from this Commission and as such the complaint is liable to be dismissed on this ground alone. Further, no cause of action arose in favour of the complainant and against the answering respondent to file the present complaint. It is further alleged that the complaint has been filed by the complainant with some oblique motives in an endeavor to force the answering respondent to accept certain illegal demand of the complainant etc.
4. On merits, it is submitted that the complainant saw on facebook the advertisement of Dhani Credit Card Scheme but it is wrong and denied that after submission of requisite information, the complainant did not use Dhani app anymore. It is further submitted that the complainant has approached the opposite party through its app "DHANI APP" and subscribed for the Dhani One Freedom Card and the approved Credit Limit of complainant is Rs. 75,000/-. It is further alleged that as per the terms and conditions of the same complainant has to repay the amount spent through Dhani App vide three easy interest free installments and in case of non-payment as per the schedule complainant was liable for penalty and the complainant has agreed for the same as per his wish and will and made several payments. It is denied that complainant did not apply for any loan and opposite party neither disbursed any loan amount nor sent any sanction-letter to the complainant at any point of time as already submitted the transactions done by the complainant through the app of opposite party were of credit in nature and the amount was disbursed through opposite party in full to the merchant and the same was to be repaid by the complainant as per the terms of the said Dhani one freedom card. The details of loan/transactions made by the complainant are as under;-
disbursal date | agreement id | amount | late fees | paid amount | pending amount as on 30.11.22 | narration | status |
5.2.22 | 152811608 | 500.00 | 39.51 | 334.0 | 205.51 | bill payment | pending |
5.2.22 | 152825074 | 7000.00 | 555.02 | 4668.00 | 2887.02 | bill payment | pending |
6.2.22 | 152947561 | 5152.00 | 406.69 | 3436.00 | 2122.69 | bill payment | pending |
8.2.22 | 153520157 | 7500.00 | 1197.29 | 2890.00 | 5807.29 | bill payment | pending |
9.2.22 | 153669745 | 7500.00 | 1247.5 | 2500.00 | 6247.5 | bill payment | pending |
14.2.22 | 155118727 | 7500.00 | 1222.5 | 2500.00 | 6222.5 | bill payment | pending |
15.2.22 | 155360703 | 7500.00 | 1217.5 | 2500.00 | 6217.5 | bill payment | pending |
18.2.22 | 156071624 | 500.00 | 80.1 | 167.00 | 413.1 | bill payment | pending |
19.2.22 | 156184100 | 5000.00 | 798.27 | 1667.00 | 4131.27 | bill payment | pending |
20.2.22 | 156460581 | 7000.00 | 1771.06 | 0.0 | 8771.06 | bill payment | pending |
It is further alleged that the bare look at the repayment details showed that complainant had failed to repay the total loan amount to the opposite party and a huge amount is pending due towards him and the filing of the present false and baseless complainant shows the real intention of the complainant that he wants to avoids his liability towards the opposite party. It is denied that after few days of sign up on the 'Dhani' application then complainant noticed some illegal and fraudulent transactions which are clearly depicted in the statement which generated from that very said application and the complainant did not share Card Number, CVV, PIN and OTP with anyone or the complainant did not receive any SMS on registered Mobile number about the above-mentioned illegal transactions. It is further denied that on 27.02.2022, the complainant sent an e-mail at customer support e-mail address of the 'Dhani' application or that in which he complained about the deception which caused at the end of the opposite party. It is further alleged that the said transaction was not fraudulent transactions as alleged by him as transactions were valid transactions and same was duly informed to the complainant as well but complainant wants to create pressure upon the respondent to accept his illegal demands. Further it has been observed that the transactions have been performed in a secured manner as the same have been validated by your card CVV and dynamic One Time Password (OTP) over the Internet/ IVR. It is further alleged that the dynamic One Time Password (OTP) was successfully delivered at the registered mobile number of the complainant and if any card not present (online/IVR) transaction cannot be done without confidential details of the card i.e. card expiry date, CVV wherein, answering respondent always advise their cardholders not to share their card details i.e. card expiry date, CVV etc. to any third party. All other allegations of the complaint are denied and there is no deficiency in service and unfair trade practice on its part and finally prayed for the dismissal of complaint.
5. The complainant filed rejoinder to the written version vide which he reiterated the averments as mentioned in the complaint and denied the allegations of the opposite party.
6. The complainant tendered into evidence copy of screenshot of E-mail as Ex.C-1, copy of Transaction statement as Ex.C-2 (containing 2 pages), copies of screenshots of news are Ex.C-3 & C-4, copy of legal demand notice as Ex.C-5, copy of reply to the notice as Ex.C-6, copy of Hearing notice as Ex.C-7, copy of statement given by the complainant during conciliation proceedings as Ex.C-8, affidavit of complainant as Ex.C-9 and closed the evidence.
7. The opposite party tendered into evidence affidavit of Sushil Singh as Ex. OP-1, Copy of Loan details and EMI repayment schedule cum payment ledger as Ex. OP-2 (containing 1 to 4 pages), Copy of foreclosure report as Ex. OP-3 (containing 1 to 10 pages), Copy of Aadhar Card Details as Ex. OP-4, Copy of Authority Letter as Ex. OP-5, Copy of details of OTP sent to complainant as Ex. OP-6, Copy of Approved Credit Limit Letter as Ex. OP-7, Copy of Photograph uploaded by complainant as Ex. OP-8 and closed the evidence.
8. We have heard the Ld. Counsel for the parties and have gone through the record. Written arguments filed by complainant.
9. Ld. Counsel for the complainant argued that the complainant saw on Facebook the advertisement of Dhani Credit Card Scheme and after submission of requisite information the complainant did not use Dhani app anymore and the complainant did not receive any hard-copy of credit card or any other document of confirmation of Dhani Credit Card Scheme. It is further argued that the complainant did not apply for any loan and opposite party neither disbursed any loan amount nor sent any sanction-letter to the complainant at any point of time. It is further argued that after few days of sign up on the 'Dhani' application when the complainant tried to delete the account on the said 'Dhani' application, then he noticed some illegal and fraudulent transactions which are clearly depicted in the statement which generated from that very said application. It is further argued that the complainant did not share Card Number, CVV, PIN and OTP with anyone and even the complainant did not receive any SMS on registered mobile number about the above-mentioned illegal transactions. It is further argued that on 27.02.2022 the complainant sent an e-mail at customer support e-mail address of the 'Dhani' application in which he complained about the deception which caused at the end of the opposite party. It is further argued that in the month of April-2022 a legal demand notice pertaining to Rs. 37,516/- sent by Mr. Ashok Narwat Advocate on behalf of M/s Dhani Loans & Services Ltd., and the complainant then sent reply to the said legal demand notice on dated 28.04.2022. It is further argued that the opposite party are wrongly demanding the illegal outstanding which caused due to fraud transactions and the complainant had informed the 'Dhani' application support team through E-mail about fraudulent/illegal transactions on 27th February 2022, but the opposite party did not take serious to complaint of the complainant. It is further argued that the statement which generated from Dhani application depicts illegal/fraudulent transactions clearly because the complainant not a single time paid any bill of credit card and so many bill payment transactions are shown on statement and thereafter one hearing-notice was also received from Mr. Kanwar Lal Chaudhary, Advocate Chandigarh, for the purpose of conciliation proceedings and the complainant approached the said Advocate and made there his statement. It is further argued that the opposite party through their representative/agents is continuously making telephone-calls to the complainant and harassing him unnecessarily without any fault.
10. On the other hand, Ld. Counsel for the opposite party argued that the complainant has approached the opposite party through its app "DHANI APP" and subscribed for the Dhani One Freedom Card and the approved Credit Limit of complainant is Rs. 75,000/- and as per the terms and conditions of the same complainant has to repay the amount spent through Dhani App vide three easy interest free installments and in case of non-payment as per the schedule complainant was liable for penalty. It is further argued that the bare look at the repayment details showed that complainant had failed to repay the total loan amount to the opposite party and a huge amount is pending due towards him. It is further argued that the said transactions was not fraudulent and same was duly informed to the complainant but the complainant wants to create pressure upon the opposite party to accept his illegal demands. It is further argued that the transactions have been performed in a secured manner as the same have been validated by your card CVV and dynamic One Time Password (OTP) over the Internet/IVR. It is further argued that the dynamic One Time Password (OTP) was successfully delivered at the registered mobile number of the complainant and if any card not present (online/IVR) then transaction cannot be done without confidential details of the card i.e. card expiry date, CVV wherein the opposite party always advise their cardholders not to share their card details i.e. card expiry date, CVV etc. to any third party. It is further argued that there is no deficiency in service and unfair trade practice on the part of opposite party.
11. We have gone through the facts and evidence produced by both the parties. The specific case of the opposite party is that the complainant has approached the opposite party through its app "DHANI APP" and subscribed for the Dhani One Freedom Card and the approved Credit Limit of complainant is Rs. 75,000/- and as per the terms and conditions of the same complainant has to repay the amount spent through Dhani App vide three easy interest free installments, but the complainant had failed to repay the total loan amount to the opposite party and a huge amount is pending due towards him. It is further the case of the opposite party that the said transactions were not fraudulent and same were duly informed to the complainant and the transactions have been performed in a secured manner as the same have been validated by card CVV and dynamic One Time Password (OTP) over the Internet/IVR which was successfully delivered at the registered mobile number of the complainant and if any card not present (online/IVR) then transaction cannot be done without confidential details of the card. In order to support its case the opposite party has produced copy of loan details and EMI repayment schedule cum payment ledge i.e. Ex.O.P-2 which shows that on different dates the complainant has made the transactions by using/through the App of opposite party and the status of the loan details shows pending. The opposite party further in order to prove its case has produced copy of details of OTP which were sent to the complainant i.e. O.P-6 which shows that on different dates the complainant made the transactions through the opposite party’s App and for the same every time One Time Password was successfully delivered at the registered mobile number of the complainant. Further, from the perusal of Ex.O.P-6 it was found that in fact the complainant had transacted with the credit card or he must have shared his details of credit card alongwith mobile number as the OTP was sent to his mobile number registered with the opposite party, as the whole transaction is based on OTP, which is only received by the account holder/complainant on his mobile number which is registered with the opposite party and it is not possible that anybody could have used his credit card or could have got the OTP to transact with credit card. We are of the view that the responsibility is not of the opposite party to stop the withdrawal of the amount withdrawn. The RBI guidelines also state that if there is any fault or negligence on the part of the complainant/account holder, then the bank would not be liable to pay any amount. So, it is clear that the opposite party is not responsible in such case to refund the amount withdrawn.
12. On the other hand, the complainant has failed to produce any cogent evidence to prove the fact that the said OTP was not delivered to the complainant on his registered mobile number. Moreover, the complainant has also failed to produce any evidence that he had ever approached the National Cyber Crime or the competent authority for the above said fraudulent transactions as alleged by the complainant in his complaint. The complainant also failed to produce any evidence that he did not receive any SMS on his registered mobile number about the above mentioned fraudulent transactions. Therefore, in view of the above said facts and circumstances, we are of the view that the complainant is himself responsible because he did not take any precaution by using the online transactions as the same cannot be done without confidential details of the card.
13. So, from the above said discussion, it established that the complainant has failed to produce any cogent, reliable and trustworthy evidence that there is any deficiency in service or unfair trade practice on the part of the opposite party.
14. In view of the above discussion, we find no merits in the present complaint and the same is dismissed without costs. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
12th Day of December, 2024
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
