Date of Filing : 08.11.2011
Date of Order : 05.07.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 5th JULY 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 2527 / 2010
Sri. Yogesh.H.R.,
S/o. Rajaiah, Aged about 40 years,
R/at No. 398, Saraswathi Nagar, Vijayanagar,
Bangalore – 560 040. ……. Complainant
V/s.
ICICI Bank Ltd.,
No.1, 2nd Floor, ICICI Bank Towers,
Shobha Pearl, Opp. Mayo Hall,
Bangalore – 560 001.
Rep. by its Manager …… Opposite Party
ORDER
(By the Member Sri. Balakrishna V. Masali)
The Complainant has filed this Complaint u/s. 12 of the Consumer Protection Act, 1986.
2. The facts of the case are that the Complainant is a Credit Card holder issued by the OP and the Credit Card bearing No. 5176533525824006 and the Complainants was using the said Credit Card. The OP used to send the monthly Credit Card statement and the OP used to debit the credit card account of the complainant. In the Credit Card statement dated 17.05.2010 the Complainant was shocked to notice the unauthorized transaction amounting to Rs.89,873.89 and immediately the Complainant contacted the OP and requested them to enquire and initiate necessary action against the unauthorized transaction. On 16th June 2010 the OP stated that they have initiated investigation and the same will take 45 days time and also stated that they are reversing the charges temporarily. On 07.07.2010, the OP stated that the investigation confirmed that the said transaction took place on the Complainant’s Credit Card only and hence reversing temporary credit provided by them earlier and demanded the Complainant to make payment against the queried transactions immediately. On 26th Aug. 2010, the OP stated that they had referred the transaction details to their investigation team and as a result, the transaction amounting to Rs.46,917.08 were released in favour of the Complainant and also stated that the transaction amounting to Rs.31,339.09 are liable to be paid by the Complainant and on one transaction amounting to Rs.11,623.12 and they will know the final status by 26th Sep. 2010. The Complainant also made a Complaint with Banking Ombudsman which also did not yield any favourable result.
3. The OP made false allegation on the Complainant that the Complainant has provided the confidential credit card details to the fraudster and even the 3D PIN secure has also been revealed by the Complainant. In the said letter, the OP demanded the Complainant to make payment of Rs.30,467/-, the amount outstanding as on 22nd Sep. 2010. The OP simply insisting the Complainant that the Complainant is liable to make payments against transaction amounting to Rs.22,406/-. They are unauthorized transactions. The Honb’ble Forum may kindly be pleased to pass an order directing the OP to reverse the amount of Rs.22,406/- and also pass an order against the OP to pay special damages for causing mental agony. Hence, this Complaint.
4. Notice was issued to OPs by RPAD. OP put in appearance through Advocate and filed defence version stating that the Complainant was provided Credit Card and that the Credit Card was utilized for his own use and benefit. The Complainant alleged that after he received the statement dated 17.05.2010 he noticed that some unauthorized transaction amounting to Rs.89,873/- in the Credit Card and he requested the OP to enquire and initiate necessary action against the unauthorized transaction. During the investigation, the OP found that the Complainant shared and compromised credit card details which are confidential information to travel agent, for booking of Air Ticket. The details were shared, it appears that the credit card might have been misused by the fraudster. All the information on the credit card is system generated and stored in an encrypted format for authentication of transaction. The contention of the Complainant that he has not provided the confidential details to anybody and also not revealed any information to anybody is false, baseless and far from truth, and cannot be accepted by this Hon’ble Authority. The Complainant has suppressed the actual material facts before this Hon’ble Authority. Hence, Complaint is liable to be dismissed. As alleged by the Complainant at any point of time, the OP committed deficiency in service, and the Complainant is not entitled for reversal of Rs.22,406.69 by the OP Bank. Further, it is pertinent to note that before RBI Ombudsman Complainant has stated that he filed a Criminal Complaint before the Vijayanagar Police Station vide Crime No. 379/2010 against the travel agent and the same is pending. Such being a case, Complainant cannot allege deficiency on the part of the Bank. In view of the aforesaid contentions there is no deficiency of service rendered by the OP to the Complainant. Hence prayed to dismiss the Complaint.
5. Affidavit evidence of both the parties filed. Perused the affidavits and documents. Arguments are heard.
6. The point for consideration are:
(i) Whether there is any deficiency of service on the part of OP?
(ii) What order and relief?
REASONS
7. Perused the Complaint, version and documents. It is an admitted fact that the Complainant had availed a credit card facility from the OP which is bearing Card No. 5176533525824006 and the Complainant was using the said Credit Card whenever necessary. The OP used to send the monthly credit card statement and on confirmation of the transaction by the Complainant. On 17.05.2010, the OP has sent a Credit Card statement to the Complainant. The Complainant was shocked to notice the unauthorized transaction amounting to Rs.89,873/-. Immediately the Complainant contacted the OP and requested them to enquire and initiate necessary action against the unauthorized transaction and sent e-mail message to this effect to the OP. On 16th June 2010, the OP wrote a letter to the Complainant stating that “we have deactivated your credit card and initiated resolution of your complaint, the investigation will take 45 days and further OP stated that we are temporarily reserving the charges billed for your account towards the transaction. This credit will reflect in your next statement if the Complaint is resolved in your favour. We will make the reversal payment on 7th July 2010. Letter of the OP admits that investigation of the facts has confirmed that the transaction took place on your credit card. Hence, we are reversing the temporary credit which we had provided you earlier, the reverse will effect in your next statement on 18th Sep. 2010”. Letter of the OP stating and admits that as the details were it appears that the complainant credit card might have been misused by the fraudster. On 26th August 2010, the OP stated in his letter that they had referred the transaction details to their investigation team and as a result, the transaction amounting to Rs.46,917/- were released in favour of the Complainant. In above all the circumstances, it appears that the OP has admitted the unauthorized transaction and also some amount reversed to the Complainant’s account. It clearly shows that the OP committed a deficiency of service to the Complainant. Therefore, the OP has to reverse the charged amount of Rs.22,406/- for the Complainant’s account. In the result, I proceed to pass the following:
ORDER
The Complaint is allowed. The OP is directed to reverse the amount of Rs.22,406/- to the Complainant’s account within 60 days from the date of this order.
Send the copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 5th July 2011.
Order accordingly
MEMBER
We concur the above findings
PRESIDENT MEMBER
