Tamil Nadu
North Chennai
CC/04/2015
M.V.Mahendran,M.E,Assistant Engineer/TNEB, - Complainant(s)
Versus
M/s.ICICI Bank Ltd., Credit card divison, ICICI Phone Banking Centre, - Opp.Party(s)
M.V.Mahendran
23 Sep 2017
ORDER
Complaint presented on: 15.12.2014
Order pronounced on: 26.09.2017
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L., PRESIDENT
THIRU. M.UYIRROLI KANNAN B.B.A., B.L., MEMBER - I
TUESDAY THE 26th DAY OF SEPTEMBER 2017
C.C.NO.04/2015
M.V.Mahendran., M.E.,
S/o A.Veluchamy,
Door No.58, 4th Block,
Mogappair West,
Chennai – 600 037.
….. Complainant
..Vs..
1.Divisonal Head,
M/s ICICI Bank Limited,
Plot No.10, 6th Block,
Mogappair West,
Chennai – 600 037.
2.Head of Customer Care,
M/s. ICICI Bank Limited,
Credit Card Division,
ICICI Phone Banking Centre,
ICICI Bank Tower, 7th Floor,
Servay No.115/27, Plot 12, Nanakramguda,
Seilinggampally, Hyderabad – 500 032.
3. The Chairman,
M/s. Varun Manav Vikas Sami
| .....Opposite Parties
|
|
Date of complaint : 05.01.2015
Counsel for Complainant : M.V.Mahendran
Counsel for 1st & 2nd Opposite Parties : M/s. Stalwart Law Firm
Counsel for 3rd opposite party : Ex - parte
O R D E R
BY MEMBER M.UYIRROLI KANNAN B.B.A., B.L.,
This complaint is filed by the complainant seeking various reliefs including compensation with litigation charges u/s 12 of the Consumer Protection Act.1986.
1.THE COMPLAINT IN BRIEF:
The complainant is a very long customer for ICICI Bank. He is now holding a credit card bearing No.462986447870003 and for about 15 years making prompt payment. He made a request via e-mail to enhance his credit limits for that the bank replied that his income proof is needed. On 28.07.2014 around 13: 18 hours he received a call from a mobile numbered +911165166614 claiming ICICI bank asked for his birth date, card number and ‘cvv’. At first the complainant denied to give ‘cvv’ number after that he did dialed from his smart phone as they said. They have also offered some attractive gifts absolutely free. Then they called from +911165272801 confirming the offer and they charged Rs.6,999/-. After 15 days the bank also confirmed the enhancement of his credit cards limit. After 10 days the complainant suspected that Varun Manv Vikas Sami seems a fraud and complainant sent a mail to bank strictly to stop payment. The bank people said that the transaction has been done with the help of 3D secure pin. The Banker said that the transactions beneficiary as 2. WRITTEN VERSION OF THE 1st & 2nd OPPOSITE PARTIES IN BRIEF: This opposite party is Banking Company and is well known for providing expert Banking services to different types of customers. The complainant is a Credit Card Holder of the opposite party bearing Card No. 46298664478770003. The opposite party No.1 is well known for its credit card services provided to its customers. Even with respect to the complainant the opposite party No.1, rendered complete professional services and there is no question of deficiency in services committed by both the opposite parties 1 and 2. The complainant himself in his complaint has admitted that the entire transaction was fraudulent one, and the opposite parties 1 and 2 cannot be blamed for the fraud of some unknown third person committed against the complainant. The opposite parties never obtain ‘cvv’ from the customers in any of the circumstances. Infact the opposite parties in regular basis intimates its customers though mails and messages that the customers shall not provide their ‘cvv’ numbers at any cost to anyone even if the someone asks in the name of the bank. Despite of several warning information provided by the opposite parties, if the complainant provides the same to some person, the opposite parties cannot be made liable for the fault of the complainant. The opposite parties vehemently deny the averments relating to the 3D secure pin. The 3D secure pin is the last secured system generated pin which can be generated only upon providing the all the details of the card, i.e, the customer’s name, card No., ‘cvv’ number, date etc. only upon entering such personal details, the 3D secure pin will be generated. Here in this complaint the complainant himself admitted that he had provided all the personal details upon the telephonic conversation. Hence the complainant cannot blame the opposite parties for the mistake committed by the complainant himself. Hence none of acts of the opposite party amount to deficiency in service as alleged by the complainant and hence the complaint is liable to be dismissed. 3. POINTS FOR CONSIDERATION: 1. Whether there is deficiency in service on the part of the opposite parties? 2. Whether the complainant is entitled to any relief? If so to what extent? 4. POINT NO :1 The complainant is the customer of the opposite parties 1 & 2. The complainant has using credit card issued by them for about 15 years . He also repaid the credit cards amounts without any default. The complainant sent Ex.A3 mail to the 2nd opposite party’s customer care, requesting to increase the credit limit. On 28.07.2014 the complainant received a call from phone number +911165166614 informing him that his credit limit going to be increased to one lakh and he was required to furnish his date of birth, card number and ‘cvv’ number. However, complainant refused give his ‘cvv’ number. Then the complainant contacted from his smart phone to the above said number and at that time they have offered to him a gift and asked for his shirt, pant and shoe sizes. The complainant refused to furnish only his ‘cvv’ number and however he had furnished his date of birth and card number. 5. After the complainant spoke to the above said number from his smart phone from his account a sum of Rs.6,999/- was debited from his account on the same day to the credit of the 3rd opposite party account as per document Ex.B2 at page 20 particulars. The complainant without ascertaining the call from his bank, he furnished his date of birth and card number to the caller received to his mobile phone. Since the beneficiary is the 3rd opposite party, it is taken that the call was only from the 3rd opposite and not from the other opposite parties. 6. The opposite parties 1 & 2 sent an e-mail that the transaction took place on 28.07.2014; 13:37:14 hours informing him that if he had not authorized the transaction, he can call their 24 hour customer care and check with them. The complainant wrote reply dated 07.08.2014 requesting the bank to decline the transaction. Nowhere in that letter he had specifically stated that he had not authorized that transaction. Therefore, we hold that for the above said transaction on 28.07.2014 the opposite parties 1 & 2 are not liable. 7. The 3rd opposite party is the beneficiary through such transaction. He had only by fraudulent means debited the amount from the complainant account. Therefore, it is held that the 3rd opposite party only committed deficiency in service to the complainant. 08. POINT NO:2 As the 3rd opposite party committed deficiency in service thereby caused mental agony to the complainant is accepted. Since the amount was fraudulently debited from the account of the complainant by the 3rd opposite party, it would be appropriate to order him to refund a sum of Rs.6,999/- which was credited to his account on 30.07.2014 from the account of the complainant. Further, the 3rd opposite party also can be ordered to pay a sum of Rs.20,000 towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses. The complaint in respect of the other opposite parties 1 & 2 are liable to be dismissed. Further the complainant is entitled for reliefs as indicated above and other relief sought by him is liable to be rejected. In the result the Complaint is partly allowed. The 3rd Opposite Party is ordered to refund a sum of Rs.6,999/- (Rupees six thousand nine hundred and ninety nine only) which was credited to his account on 30.07.2014 from the account of the complainant and also to pay a sum of Rs. 20,000/-(Rupees twenty thousand only) towards compensation for mental agony and also to pay a sum of Rs. 5,000/- (Rupees five thousand only) towards litigation expenses. The complaint in respect of the opposite parties 1 & 2 and other reliefs sought in the complaint are dismissed. The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment. Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 26th day of September 2017. MEMBER – I PRESIDENT LIST OF DOCUMENTS FILED BY THE COMPLAINANT: Ex.A1 dated NIL My Credit Card Xerox Copy Ex.A2 dated 11.06.2014 E-mail requesting bank to enhance credit limit and their reply Ex.A3 dated 04.08.2014 E-mail for sending income proof on 04.08.2014 Ex.A4 dated 07.08.2014 E-mail to bank, suspecting merchant fraud and to stop payment and their reply Ex.A5 dated 08.08.2014 E-mail reply from bank, asking me to pay amount
LIST OF DOCUMENTS FILED BY THE 1st & 2nd OPPOSITE PARTIES :
Ex.B1 dated 24.04.2009 Power of Attorney of Ms. N.Shanthakumari
Ex.B2 dated 28.11.2011 Statement of Accounts pertaining to the
to 29.02.2016 complainant
Ex.B3 dated NIL Credit card policy of the opposite party 1 & 2
MEMBER – I PRESIDENT
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