Orissa

Cuttak

CC/278/2013

Ajay Kumar Pattanayak - Complainant(s)

Versus

Managing Director, SBI Cards & Paymant Services Private Limited - Opp.Party(s)

A K Samal

17 Oct 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C. No.278/2013

Ajay Kumar Pattanayak,

S/o: B.K.Pattanayak,

At present C/o: Sri Arun Kumar Mohanty,

Resident of Plot No.441,Mahanadi Vihar,P.O:Nayabazar,

Town/Dist:Cuttack,Pin-753004.                                                 ... Complainant.

 

          Vrs.

 

1. SBI Cards & Payment Services Pvt. Ltd.,

Head Office, Infinity Towers,Tower-C,

            10^th -12th  Floor,Block 2,Building3,

DLF Cyber City,Gurgaon-122002(Haryana),India,

Represented through its Managing Director.

 

2. Flipkart Internet Pvt.Ltd.,

Ozone Manay Tech Park,56/18 & 55/09,

           7^th floor,Garvebhavipalya,Hosur Road,

             Bangalore,Karnataka,India

Represented through its Managing Director.                                      … Opp. Parties.

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    20.11.2013

Date of Order:  17.10.2023

 

For the complainant:           Mr. A.K.Samal,Adv. & Associates.

For the O.P No.1.                :   Mr. N.K.Dash,Adv. & Associates.

For the O.P No.2:                     Mr.T.Mishra, Adv. & Associates.

         

Sri Debasish Nayak,President                                                       

Case of the complainant as made out from the complaint petition bereft unnecessary details in short is that he is a Credit-Card holder which he had obtained from the O.P No.1 company but had seldom used the said card for purchasing goods.  Earlier he had another Credit-Card which he also obtained from O.P no.1 but while using the said Credit-Card on 28.1.2013 he could know that a transaction of Rs.6999/- has been made by purchasing some goods through his Credit-Card by some stranger.  The complainant was possessing the said Credit-Card but had not used the same nor any of his family members had used it.  The said Credit-Card was therefore blocked and unnecessarily the complainant had to bear the transacted amount of Rs.6999/- then.  The subsequent Credit-Card was issued to him.  On 13.3.2013, he got a message to his mobile phone that a transaction of Rs.59,000/- has been made by using his subsequent Credit-Card and the purchase was made through O.P no.2. Even if he was possessing his Credit-Card without giving it to anyone such transaction has been made.  The complainant had then lodged a complaint before the appropriate authorities and had sent e.mail dated 4.3.2013 to that effect to them also.  The subsequent Credit-Card was also blocked thereafter.  The complainant had to bear the transacted amount of Rs.59,000/- with an additional charge slip fee of Rs.225/- alongwith other Govt. service tax.  The complainant had requested the O.P no.2 to give the details of the transaction for Rs.59,000/- seeking as to what the said goods were, the name and address of the person to whom those were sold and the address where the said goods were delivered.  The O.P no.2 had not replied to any such query of the complainant since because the complainant had to bear the amount on the said two occasions for the transactions those which were not made by him.  He has come up with this case seeking refund of the said two transacted amounts from O.P no.1 alongwith a compensation of Rs.25,000/- towards his mental agony and harassment from the said O.P no.1.  He has also prayed for the cost of his case and for any other relief as deemed fit and proper.

          In order to substantiate his case, the complainant has filed copies of certain documents alongwith his complaint petition.

2.       Both the O.Ps though have contested this case, they have filed their written version separately. 

          As per the written version of O.P no.1, the case of the complainant is not maintainable which is liable to be dismissed.  O.P no.1 has stated that the complainant should have approached with clean hands but had made baseless allegations here in this case.  The O.P no.1 has stated that the complainant has an outstanding dues in his account to the tune of Rs.84,025.55p.  O.P no.1 admits about issuance of the first Credit-Card and blocking of the same after intimation from the complainant.  He also admits about the issuance of the subsequent Credit-Card in favour of the complainant and again about blocking it as per the instructions of the complainant.  O.P no.1 is aware about the complaint as made by the complainant as regards to a transaction done on 4.1.2013 to the tune of Rs.6999/- through Credit-Card No.4377486949100703.   O.P no.1 also admits about the subsequent disputed transaction of the complainant as made on 3.3.2013 to the tune of Rs.59,000/- through O.P no.2.  The O.P no.1 through his written version has stated that on each of the said two transactions, the mobile phone number 919437162869 of the complainant was used.  It is the contention of O.P no.1 that all the transactions were performed in a Secure Electronic Commerce environment and the same had been validated by the Card CVV of the complainant alongwith his date of birth through internet.  Accordingly, it is prayed by O.P no.1 to dismiss the case of the complainant with exemplary cost since because they are in no ay deficient in their service.

          The O.P no.1 has also annexed copies of certain documents in order to support his stand.

          The O.P no.2 through his written version has stated that the case of the complainant is not maintainable which is liable to be dismissed.  Being an online platform, O.P no.2 had enabled the buyer and the purchaser to have their trade and he has no role to play as alleged.  Hence, there is no deficiency on his part for which he has prayed for dismissal of the complaint petition as filed.

          He has also filed copies of some documents alongwith his written version in order to establish his stand.

          The complainant has filed his evidence affidavit which when perused is noticed to be the reiteration of the averments as made in his complaint petition and nothing else.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written versions of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps  ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issues no.ii.

Out of the three issues, issue no.ii  being the pertinent issue is taken up  first for consideration here in this case.

After going through the complaint petition, the evidence affidavit of the complainant, the two written versions, the written notes of submissions from either sides and also after perusing the copies of documents as available in the case record, it is noticed that admittedly, the complainant is a Credit-Card holder which he had obtained from O.P no.1.  Initially he had to block his first Credit-Card since because he could know about a transaction of Rs.6,999/- which was made through his Credit-Card on 4.1.2013 but according to him, the said transaction was neither done by him nor by any of his family members/relatives.  It is for the said reason, he had to block the said Credit-Card by intimating O.P no.1.  Subsequently, he was issued another Credit-Card by O.P no.1.  Again, he could notice about another transaction that which was made on 3.3.2013 to the tune of Rs.59,000/- for which he alleges that the same was not made by him or any of his family members/relatives.  The plea of O.P no.1 is that the allegation as made by the complainant against him is quite baseless.  O.P no.2 has also stated not to be deficient in his service. 

Be that as it may, according to the banking rules, for the use of Credit-Card, the Credit-Card holder is required not to divulge the secrecy of his Credit-Card to any-one and to possess it by maintaining confidentiality.   In order to have a valid online transaction/purchase through a Credit-Card, the Credit-Card holder is to log-in to the internet site of the trader and select the particular item/material that which he intends to purchase thereafter, he has to share the CVV of his Credit-Card, the Credit-Card number, the Credit-Card date of expiry etc.  The OTP thereafter will be sent to his registered mobile hand set which he is required to share in order to complete the purchase and the trader can get the consideration amount within the prescribed limit be credited to his account which would be lateron debited from the account of the Credit-Card holder.  It is for this, admittedly, the transaction as disputed in both the two occasions of Rs.6,999/- on 28.1.2013 and of Rs.59,000/- on 3.3.2013 can be said to have been made through Secure Electronic Commerce environment which cannot be pilferage or divulged to anyone excepting the Credit-Card holder himself.  Keeping the same in mind, this Commission do not find any deficiency in service in any manner on the part of any of the O.Ps.  Hence this issue goes against the complainant.

Issues no.i & iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 17^th day of October2023 under the seal and signature of this Commission.          

                                                                                  Sri Debasish Nayak

                                                                                           President

                                                                                             

                                                                                 

                                                                                       Sri Sibananda Mohanty

                                                                                                   Member