Delhi

East Delhi

CC/1067/2013

RAM GOPAL - Complainant(s)

Versus

ICICI BANK - Opp.Party(s)

17 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 1067/13

 

Shri Ram Gopal

K-2, Naveen Shahdara

Delhi – 110 032                                                                               ….Complainant

 

Vs.

 

ICICI Bank Limited

Through Branch Manager

F-11, Preet Vihar

Delhi – 110 092                                                                                    ….Opponent

 

Date of Institution: 05.02.2014

Judgment Reserved on: 17.01.2017

Judgment Passed on: 27.01.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

This complaint pertains to allegations of deficiency in services by the complainant Shri Ram Gopal against ICICI Bank Limited (OP). 

Facts in brief are that the complainant has saving bank account no. 003701028327 with OP.  On 13.01.2012, the complainant came to know that  his account had been debited by Rs. 28,888.86/- on 11.01.2012 vide two transactions of Rs. 14,444.43/- each.  A written complaint was filed with OP on 14.01.2012 and reminder for the same was given on 20.01.2012.  Complainant also lodged complaint with customer care on 17.01.2012 vide complaint no. 21018492 and 210185043.  On 03.03.2012, the complainant was asked to lodge a police complaint, after which a written complaint vide DD No. 3213 dated 05.03.2012 was filed in P.S. Preet Vihar. 

Despite several visits to OP, the grievance of the complainant was not resolved.  Thus, he filed complaint before Banking Ombudsman, Reserve Bank of India, which was closed with remarks “it is a case of fraud and detailed investigations based on elaborate oral and documentary evidence may be required to truly establish the facts of the case”.  The complainant has invoked the jurisdiction of this forum, as neither his amount was refunded nor his grievance was addressed by the OP.  The complainant has prayed for directions to OP to refund the sum of Rs. 28,888.86/- with interest @ 18% p.a. from the date of application, Rs. 1,00,000/- compensation for mental pain and agony and Rs. 10,000/- as cost of litigation.

Transaction inquiry for account no. 003701028327 and summary of account as Annexure C1 (colly), written complaints to the Manager of OP is Annexure C2 and Annexure C3, email dated 03.03.2012 from OP to the complainant as Annexure C4, written complaint to SHO, Preet Vihar as Annexure C5, complaint before banking ombudsman dated 19.03.2012 and its order dated 12.03.2012 as Annexure C-6 (colly) are annexed with the complaint. 

3.        OP was served with the notice of the complaint and reply was filed on behalf, where it was stated that the bank was not responsible as the transaction was done by the complainant himself after providing the specific security details, which the complainant was only aware of.  It was also stated that the complainant might be a victim of fraudulent transaction and it was a case of Phishing – cyber crime.  The process of carrying out online transaction was explained in the reply where it was stated that the customer was required to login on the official site (www.icici bank.com) with the user id and login password i.e. internet password which was confidential and only known to the customer.  Thus, the parameters for successful transactions are:

1. correct and valid log-in ID and password
2. Correct and valid transaction ID and password
3. Correct and valid 16 digit Debit Card number.

The bank is under obligation to honor the transaction/s when the information/data is entered correctly while executing internet transaction.

      It was further stated that some unknown/s person might have obtained and/or had access to the confidential information/data and had done the transactions, thus, the consumer forum could not adjudicate the present complaint as there was criminal liability which required investigation.  The OP had immediately reversed the disputed amount after complaint no. SR215588486 was lodged with the branch.  After investigations, the OP came to the conclusion that the transaction had been done by the complainant and the temporary charge back was reversed.  Further, the procedure of investigation was reiterated that in case of dispute, the investigation team had visited the merchant establishment and records of that particular period are collected and verified where the points of consideration are

1. matching the card number
2. matching the date of expiry
3. matching the date of issue
4. the disputed amount and date are tallied

As, in the instant case, the merchant establishment was successful in proving by providing web shot, thus, the complaint was closed.

4.        Replication was filed by the complainant, where the contents of the complaint were reiterated and that of the reply were denied.

5.        The complainant filed affidavit of Shri Ram Gopal, the complainant himself, where the contents of the complaint were reiterated and relied on the Statement of Accounts for period of 01.12.2011 to 14.01.2012 (Ex.PW1/1), copy of the complaint dated 14.01.2012 (Ex.PW1/2), copy of written reminder dated 20.01.2012 (Ex.PW1/3), copy of emails dated 03.03.2012 and policy complaint dated 05.03.2012 (Ex.PW1/4) & (Ex.PW1/5), copies of the complaint and order of Banking Ombudsman (Ex.PW1/6)(colly). 

            OP examined Shri Sanjay Sharma, Manager (Legal), ICICI Bank Limited, who deposed on oath the contents of the reply filed by OP.

6.        We have heard the Ld. Counsel for the complainant and OP.  Perusal of Ex.PW1/1 i.e. the statement of account reveals that two entries of Rs. 14,444.43/- each on 11.01.2012 had been debited from the complainant’s account.  The complainant has not averred anywhere that his ATM was not in his possession & despite that the online transaction being successful is a disputed question of fact.  Thus, in facts and circumstances of present complaint, investigation and proper trial is required, which cannot be adjudicated in summary proceedings based on affidavits.  Hence, the present complaint is dismissed with liberty to file afresh before the appropriate forum/court.              

Copy of the order be supplied to the parties as per rules. 

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President