Haryana

StateCommission

A/1031/2016

GAGANDEEP LUTHRA - Complainant(s)

Versus

ICICI BANK - Opp.Party(s)

AAKASH JUNEJA

21 Dec 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      1031 of 2016

Date of Institution:        28.10.2016

Date of Decision :         21.12.2016

 

Gagandeep Luthra s/o Sh. Daya Nand Luthra, Resident of 320, New Prem Nagar, Karnal.

                                      Appellant-Complainant

Versus

 

The Branch Manager, ICICI Bank, Sector-12, Urban Estate, Karnal.

 

                                      Respondent-Opposite Party

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

 

Present:               Shri Aakash Juneja, Advocate for appellant.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

          Gagandeep Luthra–complainant, has filed the present appeal against the order dated 4^th May, 2016 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘the District Forum’), whereby complaint was dismissed.

2.                The complainant-appellant availed a credit card facility from    ICICI Bank-Opposite Party/respondent (hereinafter referred to as ‘the bank”). He was issued credit card No.5176370027064017. On 12^th August, 2011 he received a telephonic call when the caller represented himself to be a representative of the bank and offered to enhance the cash credit card limit. Pursuance to the call, the person visited the complainant and asked the complainant to hand over his credit card and also obtained his signature. On the basis of his signature and card obtained, the said person/caller used complainant’s card by making online shopping. The complainant received a message on his mobile phone that purchase of Rs.21,785/- on 14^th August, 2011 was made at Spice Retail Limited Shahdara, New Delhi by using complainant’s credit card. Alleging that he was cheated by someone and thus alleged the bank deficient in service.

3.                Notice being issued, the opposite party/respondent (the bank) contested the complaint raising plea that the complainant had voluntarily handed over his Credit Card to third person who used the same by making purchases on August 3^rd, 6^th, 11^th, 14^th and 16^th, 2011. Since, the complainant himself handed over his Credit Card, therefore, he was not entitled to put his grievance before the Consumer Forum.

4.                After evaluating the pleadings and evidence of the parties, the District Forum dismissed the complaint. Hence appeal.

5.                Undisputedly, the complainant himself handed over his Credit Card and signed papers to some unknown person without verifying his antecedents. It can be taken a note of that every day there are advertisements on news bulletins and telephone, not to disclose particulars of Debit Card or Credit Card. If still the complainant chose to hand over his credit card and disclosed the particulars to a unknown person, he cannot blame the bank for any mishap for the same.  The District Forum has rightly dismissed the complaint. No case for interference is made out.

6.                Hence, the appeal is dismissed being devoid of merits.

 

Announced: 21.12.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

CL