West Bengal

Bankura

CC/111/2023

Sandip Pramanik - Complainant(s)

Versus

Managing Director &CEO,SBI Cards and Payment Services - Opp.Party(s)

Sandip Chakraborty

04 Sep 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.111/2023

    Date of Filing: 04/12/2023

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                     Ld. Member

For the Complainant:Ld. Advocate Sandip Chakrabarti

For the O.P.: Ld. Advocate Partha Pratim Roy

Complainant:

Sandip Pramanik,S/O-Late Sudhansu Pramanik,R/O-Tamluk,P.O&P.S-Tamluk,Dist-East Midnapur,Pin-721636,presently posted as the Joint Block Development Officer,Hirbandh Block,P.O&P.S-Hirbandh,Dist-Bankura,Pin-722121,Mob-9434930511

Opposite Party:                                                                                                                                                               

Managing Director &CEO,SBI Cards and Payment Services,DLF Infinity Towers,Tower-C,10-12Floor,Block-2,BLDG-C,Haryana,Pin-122002                                                           

 

FINAL ORDER / JUDGEMENT         

Order No.10

Dated:04-09-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument / written argument from both sides the Commission proceeds to dispose of the case as hereunder: -                                                                                                                                                         

The Complainant’s case is that he  is a customer of O.P. No.1 having SBI Credit Card No.4335887856875834. On 04/09/2023 at about 8.30 p.m. being allured by the attractive advertisement on online purchase the Complainant tried to purchase mustard oil from the online platform of BIG BAZAR for Rs.499/- and gave details of his SBI Credit Card for the transaction and on downloading  the App he received an OTP No. being 234518 which he however did not share but all on a sudden the Complainant received a message on his Mobile Phone that an amount of Rs.49,999/- has been debited from his Bank Account and by this time suspecting it as a fraudulent transaction the Complainant gave intimation to his Banker whereupon his Credit Card was blocked and thereby he was saved of further deduction of Rs.15,000/- in the same way without sharing OTP No.836373. The Complainant has therefore approached this Commission for appropriate relief.

O.P. filed a written version to contest the case contending inter alia that they have no liability in this case as the Complainant has shared OTP with such unauthorized transaction.                                                                                                                                                  

                                                                                                                                                                                Contd…….p/2

Page: 2

                                                     

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that the disputed transaction was operated by the Credit Card of the Complainant on 04/09/2023 at 20.29.03 Hrs. when OTP was generated for deduction of Rs.49,999/- with alert message and the transaction SMS details was received at 20.29.48 Hrs. to complete the transaction with the statutory warning. But the Complainant did not avail of the statutory warning period to stop the transaction which he did after a few minutes for blocking the Credit Card. Had the Complainant given intimation in perfect moment to the Bank Authority in between the starting of process of transaction at 20.29.03 Hrs. and the completion of the transaction at 20.29.48 Hrs. such unwanted transaction could have been avoided.

It is his own carelessness and negligence of the Complainant to use an unauthorized and fake App by furnishing details of Credit Card and the O.P. Authority has no liability and responsibility to such unauthorized transaction. On the other hand O.P. Authority immediately after receipt of the intimation from         the Complainant blocked the Credit Card and saved the Complainant from further withdrawal of Rs.15,000/-

O.P. Authority cannot be held liable in any way to compensate the loss of the Complainant. O.P. Authority has no preventive measure to avoid such unauthorized transaction unless alert message is given to them well in advance. In this case the Complainant has to suffer for his own ignorance and lack of  alertness. Excessive greed and recklessness has brought financial misery of the Complainant.                                                                                                                             

Hence it is ordered….

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Judgement free of cost.

 

  ____________________                                         _________________         

HON’BLE   PRESIDENT                                     HON’BLE MEMBER