DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.

CC.No.232 of 28-05-2013

Decided on 10-09-2013

Harjinder Singh aged about 51 years S/o Nihal Singh R/o # 27678, St.No.21, Lal Singh Basti, Bathinda, Tehsil & Distt. Bathinda.

........Complainant

Versus

1.ICICI Bank Ltd., near Clock Tower, Bibiwala Road, 100' road Junction, Bathinda, through its Branch Manager.

2.ICICI Bank Ltd., Corporate office ICICI Bank Towers, Bandra Kurla, Complex Mumbai.

3.ICICI Bank Ltd., Registered office, Landmark, Race Course Circle, Vadodara.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt. Vikramjit Kaur Soni, President.

Sh.Amarjeet Paul, Member.

Smt.Sukhwinder Kaur, Member.

Present:-

For the Complainant: Sh.Maninder Pal Singh, counsel for the complainant.

For Opposite parties: Sh.Sanjay Goyal, counsel for opposite parties.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the opposite parties issued the credit card bearing No.4477 4666 2486 3006 to the complainant, valid from 10/07 to 10/13 with credit limit of Rs.10,000/-. On 20.9.2012 the complainant has received a message from telephone No.+919891900045 at 1:11 P.M from LM-ICICIB regarding sending message of one time password and was informed that his credit card No.xxx in 136547 password can be used for PVR transaction or to generate 3D secure PIN for online transactions. On the same day, the complainant has received a phone call from a mobile No.911141215500 at 1:23 P.M. for increasing the credit limit of his credit card and another SMS at 3:24 P.M from LM-ICICIB regarding the deduction of Rs.5499/- for using is made at IVRSHIFTTHOUGHT. It was mentioned in the SMS that Rs.1106/- stands balance in his account. On the inquiry about the above mentioned code, the opposite parties did not give any satisfactory reply. No purchase was made by the complainant by using his credit card, Rs.5499/- was wrongly debited from his account, so he approached the ICICI bank branch, Bathinda at 3:30 P.M. and lodged his complaint regarding the same vide complaint No.242851 dated 20.9.2012 and stopped the operation of the said credit card. Thereafter the opposite parties issued the new credit card bearing No.4477 4666 2486 3014. The complainant visited the opposite party No.1 to enquire about the same but no satisfactory reply was given to the complainant. The complainant has also got issued the registered legal notice dated 19.12.2012 to the opposite parties and also filed a complaint with Banking Ombudsman but the said authority has refused to listen to him. Hence the complainant has filed the present complaint to seek the directions to the opposite parties to credit an amount of Rs.5499/- alongwith interest; to pay Rs.1000/- incurred by him on the service of legal notice besides cost and compensation.

2. Notice was sent to the opposite parties. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that the complainant has concealed the true facts. The true facts are that the complainant has filed the present complaint on the ground that Rs.5499/- has been wrongly deducted from his account. In fact he has made online purchase from Delhi and spent Rs.5499/- for the super saver offer, the same were deducted from his account. The disputed transaction is a 3D authenticated transaction that cannot happen without customer's compromise on his personal details. The opposite parties further pleaded that the password was sent to the complainant to generate 3D secure pin for online transaction on his request. No such call was made to the complainant for increasing the credit limit.

3. The parties have led their evidence in support of their respective pleadings.

4. Arguments heard. The record alongwith written submissions submitted by the parties perused.

5. In para No.3 of his complaint, the complainant has mentioned that on 20.9.2012 at 3:24 P.M, the complainant received an SMS from ICICI bank from LM-ICICI regarding the deduction of Rs.5499/- for using at IVRSHIFTTHOUGHT and the amount of Rs.1106/- was shown as the balance in his account. The complainant submitted that he has not made any purchase through is debit card and Rs.5499/- has been wrongly debited from his account. The complainant inquired the same from ICICI bank branch, Bathinda at 3:30 P.M and lodged his complaint regarding the same vide complaint No.242851 dated 20.9.2012 and requested them to stop the operation of the credit card bearing No.4477 4666 2486 3006. Thereafter the opposite parties issued the new credit card bearing No.4477 4666 2486 3014. The complainant requested the opposite parties to credit the amount of Rs.5499/- in his account but no heed was paid to his request by the opposite parties. The complainant has also filed the complaint with Banking Ombudsman.

6. As per the version of the opposite parties the true facts are that the complainant has availed the super saver offer and has spent Rs.5499/- to purchase the same. The complainant has been issued the password to generate 3D secure pin for online transaction on his request. The complainant has generated the 3D secure pin and has made the online transaction of Rs.5499/-, the said amount was deducted from his account.

7. A perusal of record placed on file shows that the complainant has spent the amount online, purchasing of Super Saver offer for Rs.5499/- while creating 3D authenticated transaction. The transaction is a 3D authenticated transaction cannot happen without customer's compromise on his personal details. To support their version, the opposite parties have placed on file Ex.OP1/2 which shows the details of the transaction, the posting date:- 23.9.2012; transaction date 20.9.2012; description:-Super Saver Offer, New Delhi and billing amount:-Rs.5499/-, these details of credit card bearing No.447746******3014 has been placed on file by the opposite parties, whereas the complainant has also placed on file the account statement of 'credit card' bearing No.4477 XXXX XXXX 3006, Ex.C8, in the name of Harjinder Singh that shows transaction date:-20.9.2012; reference No:-74056632265226400589700; transaction details:-Super saver offer and transaction amount:-Rs.5499/-. Both the credit card statements show the transaction of Rs.5499/- that has been done by the complainant, which was not possible without generating 3D authenticated pin, in which all the details are to be filled by the complainant himself. The password sent to the complainant by the opposite party No.1 to generate 3D secure pin for online transaction on his request and he has used the said password to generate 3D secure pin for making the transaction for Rs.5499/-.

8. Thus from the facts, circumstances and evidence placed on file it has been proved that the complainant has used the password to generate 3D secure pin to make the online transaction and to purchase the Super Saver offer for Rs.5499/-, as the password was one time password and 3D secure pin cannot be generated by any other person except the complainant himself. Hence the transaction is done by the complainant himself. Hence this amount is rightly debited from the account of the complainant by the opposite parties.

9. Therefore in view of what has been discussed above there is no deficiency in service on the part of the opposite parties, thus this complaint is dismissed without any order as to cost.

10. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum (Vikramjit Kaur Soni)

10-09-2013 President

(Amarjeet Paul)

Member

(Sukhwinder Kaur)

Member