DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 119/2021
Date of Filing Date of Admission Date of Disposal
20.04.2021 26.04.2021 21.12.2023
Complainant/s:- | Sri Sanjoy Bose, S/o. Late Bhola Nath Bose, Mohis Pota (Near Bank of India), P.O. Natagarh, P.S. Ghola, Dist- North 24 Pgs, Kolkata-700113. -Vs- |
Opposite Party/s:- | 1.RBL Bank Limited, having its regd. office at 1st Lane, Shahupuri, Kolhapur-416001. 2. RBL Bank Limited, having its Card Operating Centre, Unit-306-311, 3rd Floor, JMD Megapolis, Sohna Road, Sector -48, Gurgaon -122018, Haryana. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant above named filed this complaint under section 35 of the C.P. Act, 2019 against the aforesaid O.Ps praying for direction to the opposite parties not to demand any amount towards illegal / fraudulent withdrawal of Rs. 58,800/-, compensation amounting to Rs. 10,000/-, litigation cost amounting to Rs. 2,000/- and other reliefs.
He alleged that in the middle of January, 2021 complainant received formal requests over phone from the office of the opposite parties for having a credit card and thereafter one representative of the O.P came to the house of the complainant and took Xerox copies of the petitioner’s Aadhar Card, Pan Card, voter Identity card and also took Thumb impression of the complainant. They assured that credit card would be issued in the name of the petitioner within few days upto the limit of Rs. 79,000/- On 12.02.2021 at about 1p.m complainant received the said credit card by post from the office of the opposite parties. On 17.02.2021 the complainant had received one telephone call from the office of the opposite parties that his account being credit card No.5243736313123007 has been hacked / fraud and they have locked petitioner’s credit card. Thereafter on checking it revealed that the sum of Rs. 15,150/-, Rs. 28,500/-, Rs. 15,150/- aggregating to Rs. 58,800/- have been withdrawn / debited from the said account on 10.02.2021, 11.02.2021 and 15.02.2021 respectively. Having failed to understand as to how the aforesaid sums have been withdrawn before receiving the credit card in hand and or when the credit card in question is lying in the hands of the O.P in unutilized condition. Moreso how the aforesaid amount were withdrawn. Finding no other alternative complainant by his letter dated 23..02.2021 requested the Inspector –in-charge, Barrrackpore Cyber Crime Police Station, 106 Artillery Road, Orderly Bazar, Barrackpore Cantonment, P.O. Barrackpore, Sector-1, Bidhannagar , Kolkata -64 to pass direction to the appropriate authority to start investigation immediately and to take action immediately.
The case was admitted on 20.09.2021. On perusal of the record we find the notice served upon O.P. Nos. 1 and 2.
O.P. Nos. 1 and 2 filed W.V on 04.04.2022. They denied the entire allegation. They further contended that complainant is a credit card customer of the opposite parties. He made three transactions which were initiated and successfully completed by using his credit card. On receipt of the complaint the Fraud Control Unit team of the opposite parties duly conducted through scrutiny an investigation Into the issues and it was conclusively found that each and all the said credit transactions had been actually transacted by the petitioner by using his credit card. In all cases of the said three transactions ‘ one time password (OTP) was sent the mobile phone No.9433416501 for validating the transactions and upon validation of the transactions by the
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C.C. No. 119/2021
petitioner with the OTP the transaction were successfully completed. After each of the said three transactions SMS were sent to the petitioner’s registered mobile No vide No. 919433416501 specifically advising the petitioner about the one time about the quantum of credit transaction made and availed by the petitioner against the aforesaid credit card. They further stated that it has been evident that all the said three credit transactions have been conducted by the petitioner himself. Copies of the relevant record and OTP and SMS logs with the opposite parties have been annexed and collectively marked with the letter ‘A’. Besides above the FCU team of the opposite parties also interacted with the respective merchant in whose favour the petitioner has caused payment and disburse the amount by availing and it was conclusively found that petitioner had actually done the said transitions for obtaining service/ product/ benefit etc. They pray for dismissal of the case.
Trial
Complainant filed a petition on 20.09.2022 praying for treating the complaint as evidence. Said prayer was allowed vide order dated 20.09.2022 and thereafter 06.12.2022 was fixed filing evidence. But O.P. Nos. 1 and 2 filed evidence on 19.01.2023. On 03.03.2023 complainant filed some questionnaire and next date was fixed on 04.05.2023 for reply by the O.P. Since 04.05.2023 O.P. Nos.1 and 2 are not taking any steps.
Document
The at the time of filing of this case complainant filed the following documents:-
(1)Copy of letter dated 23.02.2021 filed by the complainant before the I.C, Barrackpore Siber Crime Police Station along with copy of postal receipt ……..(one sheet Xerox)
(ii) Letter addressed to I.C Cyber Cafe P.S. Bidhannagar dated 23.02.2021.
iii)Copy of letter of complainant along with copy of postal receipt dated 23.02.2021 addressed to O.P. No.2…….(one sheet Xerox)
(iv) Track reports ………(five sheets Xerox)
v) Copy of message …….(one sheet Xerox)
vi) Copiee of messages-9 sheets Xerox)
O.P filed the following document :-
- Documents relating to the message ………(three sheets original )
- Letter addressed to complainant by the Manager credit card operations …..(one sheet original)
BNA
Complainant filed BNA.
Decision with Reasons
In the present case O.P. Nos.1 and 2 after fnoiling of affidavit – in-chief did not take any steps. O.P. Nos. 1and 2 filed any reply as per questionnaire of the complainant. We could not hear the submission of O.P. Nos.1and 2.
In the present case complainant did not filed any separate evidence. He only filed a petition praying for consideration of his petition of complaint as evidence and this commission vide order dated20.09.2022 allowed the same.
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C.C. No. 119/20216+
Complainant stated in the petition of complaint that he had received the credit card bearing No. 5243736313123007 by post from the office of the opposite parties on 17.02.2021.But aforesaid alleged transaction made on 10.02.21, 11.02.21and 15.02.21.Ld. Advocate for the complainant argued before this commission that as per W.V of O.P. Nos. 1 and 2 as if the complainant produced the aforesaid credit card before the respective merchant though O.P.Nos. 1 and 2 did not disclose the address of the aforesaid merchant. As the complainant did not get the delivery of aforesaid credit card before 17.02.2021 how he produced the credit card before the merchant authority on 10.02.21, 11.02.21 and 15.02.21. On perusal of E-mail dt. 13.02.2021given by O.Ps in favour of the complainant, we find that aforesaid credit card has given to the complainant on 12.02.2021. So how it is possible to use on 10.02.2021 and 11.02.2021.
The evidence of the complainant, i.e. petition of complaint of the complainant is nothing but unchallenged testimony at this stage. Accordingly We did not file any reason to disbelieve the same. Moreover, O.P. Nos. 1and 2 did not file any documents issued by the merchant side in support of the aforesaid transaction. So, it is clear before us that O.P. Nos1and 2 are trying to suppress the some facts.. Their such type of suppression creates the doubt about their performance in dealing with the said credit card.
Having regard to the to the aforesaid discussion it is clear before us that the amount of Rs. 58,500/- have been deducted without the knowledge of complainant. Moreover, in such type of suspected transaction complainant will not suffer in any way.
On perusal of record we find that complainant is a consumer and O.P. Nos.1 and 2 are the service provider.
Having regard to the aforesaid discussion it is clear before us that the complainant has able to established his grievance by sufficient documents beyond reasonable doubt and he is entitled to relief as per his prayer.
In the result present case succeds.
Hence ,
It is ordered,
That the present case be and the same vide no. C.C.119//2021 is allowed on contest against 1 and 2 with cost of Rs. 5,000/- to be paid by O.P. Nos. 1 and 2 in favour of the complainant.
O.P. Nos. 1 and 2 jointly are directed to refund Rs. 58,800 within 45 days from this day, failing which complainant shall have liberty to put into this order.
O.P. Nos. 1 and 2 are further directed not to charge any type of interest and other charges from the complainant relating to said transaction considering the date of payment and date of refund as per aforesaid order.
O.P. No. 1 and 2 jointly and severally are further directed to pay Rs. 10,000/- as compensation infavour of the complainant for his mental pain and agony.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
It is ordered,
That the present case be and the same vide no. C.C.119//2021 is allowed on contest against 1 and 2 with cost of Rs. 5,000/- to be paid by O.P. Nos. 1 and 2 in favour of the complainant.
O.P. Nos. 1 and 2 jointly are directed to refund Rs. 58,800 within 45 days from this day, failing which complainant shall have liberty to put into this order.
O.P. Nos. 1 and 2 are further directed not to charge any type of interest and other charges from the complainant relating to said transaction considering the date of payment and date of refund as per aforesaid order.
O.P. No. 1 and 2 jointly and severally are further directed to pay Rs. 10,000/- as compensation infavour of the complainant for his mental pain and agony.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
