Delhi

North West

CC/1105/2014

RAVINDER JEET - Complainant(s)

Versus

ICICI BANK - Opp.Party(s)

10 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

 

CC No: 1105/2014

D.No- ___________________                                      Date: ________________

         

IN THE MATTER OF:

 

RAVINDER JEET SINGH DUA

S/o SH. SARDAR GURDEEP SINGH DUA, 

R/o H. No. 303, POCKET-05, SECTOR-22,

NEAR MAHARAJA AGARSEN COLLEGE,

ROHINI, DELHI-110086.                  … COMPLAINANT

 

Versus

 

1. ICICI BANK,

    (THROUGH ITS MANAGER),

    5, GARG PLAZA, SECTOR-8,

    ROHINI, DELHI-110085.

 

2. ICICI BANK,

    (THROUGH ITS MANAGING DIRECTOR),

    9^th FLOOR, SOUTH TOWERS,

    ICICI TOWERS BANDRA KURLA COMPLEX,

    BANDRA (E), MUMBAI-400051.… OPPOSITE PARTY(IES)

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMAD, MEMBER

                MS. USHA KHANNA, MEMBER

 

                                               Date of Institution: 17.09.2014

                                               Date of Decision: 10.01.2018

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OP

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          under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant is a credit card holder of OP and on 12^th April-2014 four fraudulent transactions were done on some foreign websites through the credit card bearing no. 5239511000107019 for a total amount of Rs.12,838.44 of the complainant without his knowledge and permission and the details of the fraudulent transactions done on the credit card of the complainant are i) USD 48 at FOLSOM Premium, ii) Rs.1,869/- (RUB 1065.02) at OPLATAGOSUSLUG RUSER, iii) Rs.3,676.70 (RUB 3676.70) at OPLATAGOSUSLUG RUSER & iv) Rs.7,292.70 (RUB 4155) at OPLATAGOSUSLUG RUSER and the complainant received the text message alerts from the OPs updating about the disputed transactions. The complainant smelt the foul play and understood that a fraud has taken place on the account as he has not done these transactions nor has authorized anyone for these transactions and the complainant immediately called the customer care of the OPs and requested the OPs to block the card to prevent further misuse of the same. The complainant further alleged that it is essential to point out that while the complainant was on a call with the customer care team of the OPs requesting them to block the card immediately and the fourth transaction took place at that time for an amount of Rs.7,292.74 and if the customer care team of

 

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          the OPs would have been more sensitive and quick in blocking the card, the fourth transaction would not have taken place. The complainant further alleged that the complainant also lodged a complaint to the nearest police station on the same day i.e. 12^th April-2014 regarding these fraudulent transactions vide DD No. 52B and the complainant also complained to the Cyber Crime team of the police regarding the fraudulent transactions and the complainant also sent all the relevant documents to the OPs as were requested by them. The complainant further alleged that the complainant was assured a proper investigation by the OPs and few complaint nos. raised by the complainant are SR 315118883, SR 315122852 & SR 315306788 and on 08.05.2014 the complainant again called the customer care of the OPs but of no avail and on the same day the complainant received a shocking message from the OPs stating that a payment of Rs.12,838/- in favour of the bank bearing complaint number SR 318903445. Thereafter, the complainant also complained to the Nodal Office of the OPs but there is no response from the Nodal Office of the OPs and the complainant received the credit card statement wherein the due amount is Rs.62,030.17 and the complainant is ready to pay the amount due excluding the disputed amount of Rs.12,838.44. On 26.05.2014, the complainant sent an e-mail to ICICI Bank after which he received a reply on multiple occasions over the month of

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          May-June and the complainant had filed the complaint immediately after the unlawful transactions on 12.04.2014 and there was a huge delay in receiving a reply from the higher authorities of the OPs. The complainant further alleged that the documents provided by the OPs of the disputed transactions clearly shows the name of a Russian ‘ARTEM KHVOSTIKOV’ as card holder and it is an error of the OPs that the card holder name does not match and still the payment was relieved from the OPs to the merchant or the bank claiming it. The complainant further alleged that the complainant has never visited Russia nor any of his relatives live there and the complainant sent a letter dated 23.06.2014 to the OPs stating in detail the grievance and there is an act of deficiency in service on the part of OP.

2.                 On these allegations the complainant filed the present complaint praying for direction to OP to apologize for all the inconvenience caused to the complainant, to refund amount of Rs.12,838.44 as well as compensation of Rs.20,000/- for harassment and mental agony and has also sought Rs.1,000/- for cost of litigation.

3.       The OPs have been contesting the case and filed reply wherein OPs submitted that the complaintis not maintainable and is liable to be dismissed. OPs further submitted that the bank is very careful when dealing in credit card and for the same bank is using 3D secure authentication technology and 3d secure authentication is a

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          second level authentication specifically meant for online transactions done through merchant websites and apart from the card verification value (CVV) and the expiry date of the complainant’s credit card and personal 6 digit 3d secure PIN was also required for effecting the transaction and OPs further submitted that 3d secure PIN is known only to the card owner and no one else and if it is known to someone else and the only conclusion which can be drawn is that the security levels have been compromised at the complainant’s end. OPs further submitted that as per clause 8 of the terms & conditions of the 3D secure process and the card member is the sole and exclusive owner and is the only authorized user of the 3D secured PIN and accepts sole responsibility for use, confidentiality and protection of the 3D secure PIN and as per the second paragraph of clause 8, the card member grants express authority to ICICI Bank for carrying out the transactions and instructions authenticated by such 3D secure PIN and OPs further submitted that there is no deficiency in service and the complaint is liable to be dismissed.

4.       The complainant filed rejoinder to the reply of OPs and denied the contentions of OPs.

5.       In order to prove his case the complainant filed his evidence by way of affidavit and the complainant also filed written arguments. The complainant also filed copy of Credit Card Statement issued by OP

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          showing disputed transactions, copy of complaint dated 12.04.2014 to the police, copy of complaint dated 29.04.2014 to the Cyber Cell, copy of e-mail communication dated 12.04.2014 sent by the complainant to OP, copies of substitute transaction receipts dated 12.04.2014 of Rs.1,065.02, Rs.2,095.00, Rs.4,155.00 and copy of notice dated 26.06.2014 sent by the complainant to the OPs alongwith copies of courier receipts and copies of letters dated 01.07.2014 of OP regarding retrieval of concerned documents of transactions of Rs.1,869/- and Rs.3,676.70 as well as copy of his passport with complete pages showing that the complainant has never visited Russia.

6.       OP has failed to file any affidavit in evidence of its any official despite giving opportunity and has also failed to file written arguments. We have heard submissions of counsel for the complainant and perused the record.

7.                 This Forum has considered the case of the complainant in the light of evidence of the complainant and documents placed onrecord by the complainant.The  copy of passport placed on record by the complainant clearly shows that the complainant has never visited Russia and therefore could not have used his credit card for making transactions. In support of his submission Ld. Counsel for the complainant relied on a notification/circular of Reserve Bank of India vide no. RBI/2017-18/15 DBR No.Leg.BC.78/09.07.005

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          /2017-18 dated 06.07.2017 which is to the effect that the burden of proving customer liability in case of unauthorized electronic banking transactions shall be on the bank and on being notified by the customer, the bank shall credit (shadow reversal) the amount involved in the unauthorized electronic transaction to the customer’s account within 10 working days from the date of such notification by the customer. Admittedly, the disputed transactions took place on 12.04.2014 in Russia and as per the case of the complainant he has never visited Russia nor has authorized any person to use his credit card in Russia. It clearly shows that some fraud as taken place with the credit card no. of the complainant and for which the complainant cannot be held liable. As the OP has failed to give credit of the said amount, thus, we are of opinion that OP has failed to provideproper service to the complainant.

8.       Accordingly, OP is held guilty of deficiency in service. Accordingly, this forum orders as follows:

i)        To reverse the amount of Rs.12,838/- being wrongfully debited in the account of the complainant.

ii)       To pay to the complainant an amount of Rs.10,000/- as compensation for harassment and  mental agony suffered which includes litigation cost.

9.  The above order shall be complied by OP within 30 days from the date of receiving copy of this order failing which OP shall be liable

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          to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

10.     Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.

Announced on this 10^thday of January 2018.

 

BARIQ AHMED                           USHA KHANNA   M.K. GUPTA

   (MEMBER)                                      (MEMBER)                     (PRESIDENT)