Haryana

Ambala

CC/30/2015

Daljit Nijhawan - Complainant(s)

Versus

ICICI Bank - Opp.Party(s)

V.K.Aggarwal

10 Oct 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 30 of 2015

                                                          Date of Institution         : 30.01.2015

                                                          Date of decision   : 10.10.2017

 

 

Daljit Nijhawan son of Sh. Major Singh R/o H.No.32-B, Defence Colony, Ambala Cantt.

……. Complainant.

 

 

I.C.I.C.I. Bank Merchant Division through its Manager, Ambala Cantt.

 

….…. Respondent.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

                   MS. ANAMIKA GUPTA, MEMBER

 

Present:       Sh. V.K. Aggarwal, counsel for complainant.

                   Sh. A.K. Kaushik, counsel for OPs.

 

 

ORDER:                                                                                          

                   In nutshell, brief facts of the present complaint are that the complainant is credit card holder bearing NO.5241931323242002 and has been dealing with the OP since last so many years. Further submitted that on 20.06.2014 on lady whose name is not known to the complainant having phone No.05226559777 made a call alleged from Master Viza Card Authentication Department of ICICI Bank Lacknow and represented that the account of complainant has earned 3 nights and 4 days trip to any destination in India in 3 star Hotel along with a Tab of branded CO.. As free gift and they want to verify the phone number name address etc. of the complainant. Further submitted that the said caller herself gave the name, address and all credit card details with its number and even 3D Pin number of the complainant, which was confirmed by the complainant as the same can be available with the OP and nobody else. Further submitted that the complainant narrated nothing but confirmed the same only and again the said caller said that her said that her boss shall soon give a ring and will again confirm the same and you have to verify the same and she also offered that due to good dealing and relationship of the complainant with the bank, the bank want to provide him some extra benefit and complainant is given 3 nights 4 days discounted trip to any destination all over India in Three Star Hotel/Resort along with free “Tab” of branded Co. which is earned by the complainant. Thereafter complainant received another call from Rahul Saxena and confirmed all the details. Rahul Saxena Gave mobile NO.07668533222 of his boss named Jagnesh Bhai Patel. Complainant called on that number and on the other hand person confirmed himself to be Jagnesh Bhai Patel and also confirmed Rahul Saxena and Sourabh to be his employees. Further submitted that all the aforesaid offers and represented that within 15-20 working days I shall get a ‘Tab’ along with discount. IN the mean while the day debited my credit card No.5241931323242002 without my consent and after 20 days the complainant did not receive any thing the complainant tried to call on these mobile numbers but he got no response, one Mr. Sourabh picked up the landline No.05226559777 on asking from him he told that Mr. Rahul was out and he would call the complainant soon and the complainant got suspicious and immediately requested to ICICI Customer Care Executive to block the credit card and to stop payment of all of his transactions. Strangely after three days the complainant received a credit card statement where sum of Rs.19,996/- was drawn from the account of the complainant and the complainant immediately called customer care that how this transaction has taken place since the complainant has not used the credit card. More over it is the standard system of the bank that before any transaction to be completed the bank sent the onetime pass ward before the money from the account could be transferred to other account, meaning thereby that bank confirmed from one time pass ward if it is okayed by the complainant or not. If the complainant do not confirm the money cannot be deducted from the account and could be credited to the other party with whom transaction takes place but strangely without giving one time password the transaction was completed clearly showing an embezzlement case by some official of the bank or by some body in connivance with the bank officials who is having all secret information. It is not out of place to mention here that this type of fraud/embezzlement has been done with the friend of the complainant and other. Further on enquiry the complainant did ask the bank to reveal the name in whose credit the aforesaid amount has gone and the bank confirmed his name and address but never did any effort to recover the same despite having requisite knowledge of fraud. Further submitted that a police complaint was also lodged on 16.07.2014 to Deputy Commissioner of Police, Ambala and on 20.08.2014 to Economic Cell but till date no action has been taken despite the fact that all phone numbers are still active and the confirmation in whose favour the credit has gone and the bank and police has his account numbers, SIM Card No identification but nothing has been done. Further submitted that the bank is guilty of illegally transferring the money from the account of the complainant without agreeing i.e. without confirmation from the complainant, thus the complainant is not liable to pay any amount to the OP. Hence, the present complaint.

2.                Upon notice OP appeared and filed written statement submitting that the complainant is a credit card holder bearing No.5241931323242002  in the month of December. Further submitted that the complainant has received a call from faker, who allured the complainant and with whom the complainant has shared his credit card details like his date of birth, card expiry date and 3D pin for on line transaction and one time password etc and there is no fault of the OP. Further submitted that due to own negligence and under allurement of a faker the complainant has shared his all personal, secret and confidential information and important details which were exclusively in the knowledge of the complainant and his card was used for on line transaction for Rs.19996/- on June 2014 at Payu Mumbai and on receipt of complaint, OPs has furnished the complete details to the complainant through e-mail dated October 13, 2014. As on May 21, 2015 there is an amount of Rs.34,040.28/- outstanding in credit card account. Further submitted that the OP use to SMS its customers regarding not to sharing of any details of your card with anybody ad the OP never calls to its customers for promotional offers and ask them for confirmation of their personal details. Further submitted that the complaint is matter of record to the extent of receiving credit card statement where a sum of Rs.19996/- was shown to be drawn from the account of the complainant and every customer received SMS regarding transaction from his credit card. So, OP has prayed for dismissal of the present complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-1 along with documents as annexure C-2 and C-3 and closed his evidence. On other hand, counsel for OP has tendered affidavit as Annexure R-X and closed his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file.

5.                The complainant has come with the plea that he has bank account with OP having the credit card facility bearing No.5241931323242002 but on 20.06.2014, some unknown lady made a call from No.05226559777 and asked that the complainant has earned 3 nights and 4 days trip to any destination in India in 3 star Hotel along with a Tab of branded CO. as a free gift subject to verification of bank details of the complainant. On this, the complainant disclosed his bank account details to the unknown caller. The complainant also received another call from Rahul Saxena who confirmed the gifts/package of the complainant. During this process, the lady who made a call to the complainant debited an amount of Rs.19,996/- from his account through credit card no.5241931323242002 without the consent of the complainant as well as without giving one time password. However, the bank did not make any efforts to recover the same amount despite having knowledge of fraud and embezzlement by some unknown person in-connivance with the bank officials. The complainant lodged a complaint to the police but that nothing fruitful has come out.

                   On other hand, counsel for OP has admitted that the complainant is having a credit card facility bearing No.5241931323242002 in the month of December and his card was used for on line transaction for Rs.19996/- on June 2014 at Payu Mumbai and on receipt of complaint, OPs has furnished the complete details to the complainant through e-mail dated October 13, 2014. Further argued that due to own negligence and under allurement of a faker, the complainant has shared his all personal, secret and confidential information and important details which were exclusively in the knowledge of the complainant. Further argued that the OP use to SMS its customers regarding not to sharing of any details of your card with anybody ad the OP never calls to its customers for promotional offers and ask them for confirmation of their personal details.

6.                 Since, the complainant has specifically taken the plea of fraud played upon him by some unknown person after debiting the amount of Rs.19,996/- from the account of the complainant which was operated with the OP Bank without his consent. Therefore, keeping in view the above mentioned fact and circumstances this Forum is of the view that the present complaint before this Forum is not maintainable and the matter in question cannot be adjudicated in summary jurisdiction and it requires elaborating and voluminous evidence.  On this point reliance can be taken from case law titled as Uco Bank vs. Sh.S.D.Wadhwa, 2013 (4) CLT (NC).

8.                Hence, in view of above discussed factual as-well-as legal position, we are of the considered view that the present complaint is hereby disposed of as this Forum cannot decide the matter qua forgery and embezzlement allegedly played upon the complainant by some unknown person. However, the complainant is at liberty to approach at appropriate Court/forum if he so advised and in that eventuality, the period of litigation before this Forum shall not be counted towards the period of limitation for approaching appropriate court/forum.  Exemption of time spent before this Forum is granted  in terms of the  judgment of the Hon’ble Supreme Court of India in the case titled “ Laxmi Engineering Works versus PSG Industrial Institute  (1995) 3 SCC page 583. . Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :10.10.2017                                  (D.N. ARORA)

                                                                                       President

 

    

     (PUSHPENDER KUMAR)

                                                                                       Member

 

            (ANAMIKA GUPTA)

                                                                                        Member