ORDER                                    Dated:  06-01-2017

Mohd. Anwar Alam, President

1. The complainant filed this complaint on 20.2.2014 and alleged that he was holder of a credit card bearing number 4629864140655004 valid from February 2008 to February2012. Complainant further alleged  that in February 2012 the card was renewed by the OP but he did not get the pin of the card from OP and on 02.03.2012 an online purchase for Rs. 70,065.71 was made from the said card which was not done by him .  Complainant informed police and requested OP to block the card and sent e-mails dated 17-03-2012,14-03-2012,16-04-2012 and 27-04-2012 to OP. OP  replied that pin no. of the card was generated through phone banking after verification. Complainant further alleged that OP has forcibly taken a sum of Rs. 3300/- from him for settlement of  the dispute once for all.  On 23.12.2013 complainant approached banking ombudsman  for redressal of  his grievance but to no result. Hence this complaint where services of the OP suffer from severe deficiency and complainant prayed to direct the OP to pay a sum of Rs. 13,251.82/-  along with interest @ 16%  and not to  withdraw Rs. 80,250.57/-  and to pay Rs. 5,00,000/- as compensation on account of harassment mental agony along with  Rs. 50,000/- as cost of litigation.
2. In reply, OP admitted that the credit card was issued on the request of the complainant. OP further alleged that PIN was generated  through phone banking process (duly endorsed by RBI)  by complainant himself or any authorized person who was having the personal details about the card. It is stated that the said process is totally secure and officers of OP are unable to get the information about the PIN and is exclusively available to user. OP denied any amount charged by it from the complainant towards settling the dispute. OP further stated that  at the time of online transaction , one time password arrives on the registered mobile no. of the customer and the card holder is responsible for the security of his card and his personal 3D Pin.  OP alleged that use of the card for the first time means acceptance of the terms and conditions of the agreement and if  any dispute relating to the transactions it shall  be raised within a period of 60 days.  Hence there is no deficiency in service on the part of the OP and the complaint deserves dismissal.
3. The complainant has filed rejoinder to the written statement and oppose the objections made in the reply and supported his complaint.
4. In support of  his complaint complainant filed his own affidavit along with documents i.e. copy of complaint to banking ombudsman  (Ex. CW-1/A) , copy of  letter dated 11.11.2013 (Ex. CW-1/B) , copy of letter dated 24.01.2014(Ex. CW-1/C),  copy of  cash deposit slip  (Ex. CW-1/D) , copy of complaint dated 07/06/2012  to PS Sarita Vihar (Ex. CW-1/E),copy of email correspondence (Ex. CW-1/F), copy of invoice (Ex.CW-1/G), copy of letter date 24.12.2013 (Ex. CW-1/H), copy of order of banking ombudsman (Ex. CW-1/I).
5.  In support of reply OP filed affidavit of Sh. Santosh Singh  its Authorized representative.
6. We have heard the arguments and considered the evidence led by the parties and  their oral arguments.  In this case points to be considered are as under:-

1. Whether complainant is a consumer?

(b) Whether there is any deficiency in service on the part of the OP?

(c) Relief?

7.  In reply, OP admitted that a  credit card was issued on the request of the complainant hence complainant is a consumer.

8.  It is evident that PIN of the credit card is issued by phone banking process (duly endorsed by RBI) and not by the OP hence OP cannot be held liable for the issuance of the PIN of the complainant’s credit card. OP is not liable for the deficiency in service as complainant is himself responsible for the misuse of credit card by some unknown person on 02.03.2012. It is pertinent to mention herein that this is a case of misuse of credit card by way of cheating  and this forum has no jurisdiction to enquire the offence of cheating.

9.  Looking to the above facts and circumstances deficiency in service on the part of OP is not proved by the complainant as for the misuse of credit card of the complainant OP is not responsible at all.  Hence complaint is dismissed accordingly.

10. Both the parties will bear their own cost.

11. Copy of the order made available to the parties free of cost as per law.

      File  be consigned to record room.

Announced on………