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K. SURYANARAYANAN filed a consumer case on 02 Sep 2014 against M/S. STATE BANK OF INDIA in the New Delhi Consumer Court. The case no is CC/1226/2012 and the judgment uploaded on 19 Apr 2016.
CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1STFLOOR,
VIKAS BHAWAN, I.P.ESTATE,
NEW DELHI-110002.
Case No.CC/1226/12 Dated:
In the matter of:
SH. K. SURYANARAYANAN
R/O BB-3-B, DDA FLATS,
MUNIRKA, NEW DELHI-110067
……..COMPLAINANT
VERSUS
BRANCH MANAGER
STATE BANK OF INDIA
11, SANSAD MARG,
NEW DELHI
………. OPPOSITE PARTY
ORDER
President: C.K.Chaturvedi
The complainant having credit card No.4317575039966347 for SBI received a SMS on 01.10.12 at 8.20 AM regarding a transaction of Rs.18810.91/- through credit card. He was shocked, as the card was not used by him. He contacted Customer care, to know about the details of transaction and alleged it as a fraudulent transaction.. The OP after 3 days informed the transaction as genuine, based on his CVV No. and date of birth and informed that it was a online transaction on WWW.ENTROPAY.COM. The complainant had requested for an investigation by finding IP address which is not done by OP. The OP did not chose to contest the claim, nor put its version before the Forum, and was processed ex parte.
We have considered the complaint and evidence. We find that once complainant is alleging fraudulent transaction OP is under obligation to inform police, find the address and particulars of user or beneficiary of online transaction, and cannot simply sit back by taking the transaction genuine without going into truth. We see no reason to disbelieve complainant, and thus OP defaulted in rendering due service by proper investigation.
In the circumstances we hold OP not entitled to Rs.18810.91/- in credit card from complainant and direct OP to re-credit this amount with saving bank interest rate and pay compensation of Rs.5000/- to complainant for harassment charges.
The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.
Copy of the order be sent to the parties free of cost.
Pronounced in open Court on 02.09.2014
(C.K.CHATURVEDI)
PRESIDENT
(S.R. CHAUDHARY) (RITU GARODIA)
MEMBER MEMBER
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