District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.528/2021.
Date of Institution: 06.10.2021.
Date of Order: 22.08.2022.
Ishwar Deen Yadav aged 36 years S/o Shri Ram Achal Yadav R/o H.No. V-223, Gandhi Colony, NIT, Faridabad – 121001.
…….Complainant……..
Versus
1. IndusInd Bank Ltd. Branch situated: SCO NO. 10, Sector-16, HUDA Commercial Complex, Faridabad – 121007 through its BM/AR/Dealing Head etc.
2ns SS:
SCFNno. 59 & 60, Ground floor, Ector-15, Faridabad – 121007.
2. IndusInd Bank Ltd. T-3 to T-8, Vasanj Kunj Office, 3rd floor, Vasant Square Mall, Vasanj Kunj, New Delhi – 110 070. Through its Nodal Officer/Dealing Head etc.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Dharmender Sharma, counsel for the Complainant.
Sh. Rajiv Rana, counsel for opposite parties. Nos.1 and 2.
ORDER:
The facts in brief of the complaint are that the complainant was using the several other bank’s Credit Cards upon their use and Cibil Score the opposite party offer him a credit card bearing NO. 5244-8040-1270-4565. The complainant never remain defaulter in outstanding payment of card use till August 2021. Due to the weak IT Security system in regard to the payment of opposite party, on dated 14.09.2021 & 15.09.2021 an unauthorized transaction amounting Rs.49,490/- (time 11:43:41 pm) & Rs.11,110/- (Time 01:58:41am) were initiated without knowledge and use the above said credit card by the complainant in & after mid night. There was strong possibility of use the clone card whose detail leak out by the opposite party negligently and issued Clone card to some other person who make total 11 transaction during the occurrence night out of which only 2 transaction got successful. The complainant provide his documents for KYC update to the opposite party only while applying as per their norms. The detail of the complainant was leak out by the opposite party and the clone of credit card was used by some unauthorized person. The OTP or other message was systematically leak out from the side of opposite party due to their negligence on that occurrence night. The complainant also came to know about some other unauthorized transaction during that night which was also initiated on that night. The complainant at once in the morning contact to the Nation Cyber Crime Helpline No. at 155260 on dated 15.09.2021 and the available official suggest to the complainant to move and application before Local Cyber Crime Police Station, Old Faridabad. The complainant as per their instruction move an application for unauthorized transaction detail in P.S.Cyber Crime, Old Faridabad on dated 15.09.2021 Diary No. 2508-5P11 duly stamped. The complainant also sent emails to opposite parties on their official email since the occurrence time but the opposite
parties did not response properly. After complaint to opposite party/cyber crime police an amount of Rs.11,000/- (out of 11,100/-) was refunded to the complainant however, the earlier transaction amount of Rs.49,490 was pending to refund. The Complainant approach to the opposite parties as per norms and guidelines to the general public. The complainant was seeking his unauthorized transaction amount back since 15.09.2021 but no fruitful result came out till date. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund the amount i.e.(Rs.49,490/- + Rs.110/-) 49,600/- to the complainant alongwith interest @ 24% p.a till its realization.
b) waive off additional charges/penalty levied by them during the pendency of present matter.
c) upheld the CIBIL SCORE of complainant as before this matter.
d) any other relief, which this Hon’ble Commission deem fit& Proper may kindly be awarded.
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the complainant had applied for credit card facility and accordingly a Credit card Number 5244804012704565 was sourced to the complainant on 09.02.2021 with a credit limit of INR 150,000/- on the basis of duly signed application form. It was further submitted that on 14.09.2021, there were two successful transactions done at Housing .Com and No Broker from the credit card of the complainant and the complainant claims that these were fraud transaction, however the complainant had contacted the bank on 15.09.2021 (PFB) to block the credit card. It was
further submitted that on 15.098.2021, multiple transactions were carried out, however, they were failed as bank had blocked the card on 15.09.2021 on the basis of customer request. It was further submitted that Customer Privacy was a key priority for the bank and at no level, any compromise was tolerated and further and answering opposite party would like to clarify that the complainants personal information/documents can never be shared. The answering bank circulates awareness SMS to teir IndusInd Bank Card Holders edifying that IndusInd Bank or its employees never ask for their card number/card expiry date/CVV/OTP/password. The answering opposite party had advised the complainant to not to share any of these critical and sensitive card credential on email or call hereafter. It was submitted that OTP for these transacaitons was sent on registered mobile number & email ID8700680773 & 3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties – IndusInd bank Ltd.. with the prayer to : a) refund the amount i.e.(Rs.49,490/- + Rs.110/-) 49,600/- to the complainant alongwith interest @ 24%
p.a till its realization. b) waive off additional charges/penalty levied by them during the pendency of present matter. c)upheld the CIBIL SCORE of complainant as before this matter. d) any other relief, which this Hon’ble Commission deem fit& Proper may kindly be awarded.
To establish his case the complainant has led in his evidence Ex.CW1/A – affidavit of Ishwar Deen Yadav, Ex.C-1 - & 2 – wordsapp message,, Ex.C-3 – complaint to SHO, Thana Crime Crime, Ex.C-4 – Dispute Form-Credit card,, Ex.C-5 to C-7- emails,
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties, Ex.RW1/A – affidavit of Shri Neeraj Kumar Singh, authorized representative of IndusInd Bank Limited, SCO-10, Sector-16, Faridabad,, Ex.R-1 – authority letter, Ex.R2 – Document check list,, Ex.R-3 – point wise reply, Ex.R-4 & 5- transactions.
6. In this complaint the complaint was filed by the complainant with the two fraudulent transactions of Rs.49,490/- 11:43:41 pm on 14.9.2021 & Rs.11,110/- 01:58:41am on 15.9.2021. During the course of arguments, counsel for the complainant has placed on record Indusind Bank Platinum Aura Edge Credit
Card Statement vide Annx. X.
7. After going through the evidence led by the complainant and the opposite parties, no doubt the complainant has intimated to the bank within 72 hours as per RBI guidelines vide Ex. C-6 at page 16. One of the transaction which was admitted by the opposite party but the second transaction opposite party are denying to refund.
8. Keeping in view of the above & in the interest of justice, the complaint is allowed and opposite party is directed to process the claim of the complainant within 30 days from the date of receipt of the copy of order and pay the due amount to the complainant along with interest @ 6% p.a. from the date of filing of complaint till its realization. The opposite party is also directed to pay Rs.2200/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 22.08.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
