Order No. 9 dt. 22/05/2018
The case of the complainant in brief is that the complainant is a retired bank staff and on 10.3.16 one tele caller from land line phone asked the complainant whether he was willing to enhance the credit limit or not. The complainant agreed to such enhancement of the credit limit and the tele caller told the complainant that the proposer would be processed online and also informed that the computer would generate some OTP for the complainant’s confirmation, but the complainant did not receive any SMS in his registered mobile phone. After confirmation of 45 OTPs the caller confirmed that the process was over and subsequently the complainant was informed that a new card would be sent within a week. The complainant thereafter on 8.7.16 received the credit card statement wherefrom he came to know that there were unauthorized transactions in respect of the said credit card of the complainant totaling an amount of Rs.20,068/-. The complainant never received any SMS in his mobile phone. The complainant after coming to know of the said fact lodged his protest and even informed the said fact to the police at Lalbazar. The complainant thereafter approached to banking ombudsmen, RBI, Kolkata, but no step was taken for which the complainant filed this case praying for direction upon the o.ps. to credit an amount of Rs.20,068/- and also the claim made by o.ps. demanding an amount of Rs.46,201.19 and compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.
In spite of receipt of notices the o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against them. The complainant in order to prove the case filed the evidence on affidavit whereby he stated that he is a retired bank staff and on 10.3.16 one tele caller from land line phone asked the complainant whether he was willing to enhance the credit limit or not. The complainant agreed to such enhancement of the credit limit and the tele caller told the complainant that the proposer would be processed online and also informed that the computer would generate some OTP for the complainant’s confirmation, but the complainant did not receive any SMS in his registered mobile phone. After confirmation of 45 OTPs the caller confirmed that the process was over and subsequently the complainant was informed that a new card would be sent within a week. The complainant thereafter on 8.7.16 received the credit card statement wherefrom he came to know that there were unauthorized transactions in respect of the said credit card of the complainant totaling an amount of Rs.20,068/-. The complainant never received any SMS in his mobile phone. The complainant after coming to know of the said fact lodged his protest and even informed the said fact to the police at Lalbazar. The complainant thereafter approached to banking ombudsmen, RBI, Kolkata, but no step was taken for which the complainant filed this case.
Since the evidence adduced by the complainant has remained unchallenged, the complainant in order to substantiate his allegation against the o.ps. filed some documents including the bank statement wherefrom it is evident that the amount claimed by o.ps. is illegal one. In view of the said evidence on record and documents filed by the complainant we hold that the complainant has proved his case and he will be entitled to get the relief as prayed for. Thus the case is disposed of accordingly.
Hence, ordered,
That the CC No.08/2018 is allowed ex parte with cost against the o.ps. The o.ps. are jointly and/or severally directed to credit the amount of Rs.20,068/- (Rupees twenty thousand sixty eight) only to the complainant along with compensation of Rs.2000/- (Rupees two thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
