Chandigarh

DF-I

CC/989/2022

ISHWAR CHANDRA DHYANI - Complainant(s)

Versus

RESERVE BANK OF INDIA - Opp.Party(s)

GAUTAM GOYAL

06 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Ishwar Chandra Dhyani aged 52 years, S/o Mangat Ram Dhyani, R/o H.no. 3622A, Sector-46 C, Chandigarh-160047

Complainant

Versus

1. Reserve Bank of India through its Regional Director, Central Vista, Sector-17, Chandigarh-160017

2. SBI cards & payment Services Pvt. Ltd. through its Manager having its registered office at DLF Infinity Towers, Tower c, 12th floor, Block 2, Building 3, DLF Cyber City, Gurgaon, Haryana- 122002.

3. SBI CARD, 1st floor, Plot no-57, Industrial Area, Phase- 1, Chandigarh-160002, through its manager

4. State Bank of India, TRIBUNE BRANCH, THE TRIBUNE, 29, Chandigarh-160022, through its manager sector

.  … Opposite Parties

Per surjeet kaur, Member

     Briefly stated that the complainant is credit card holder of State Bank of India having number ending 2537. It is  alleged that from the said credit card two fraudulent transactions of Rs.90,000/- were done by the scammer after receiving call and message on the phone of the complainant. The complainant immediately raised the issue with OP No.3 vide email Annexure C-3 and also registered a cyber fraud  grievance  on 26.11.2021 at

2. The Opposite Parties NO.2&3 in their reply while denying any deficiency in service on their part stated that the information with respect to the Account or Card details is fully confidential and any correspondence or details like sharing of OTP, CVV etc is a wrongful act. The disputed transaction has been performed in a secured manner and validated with the Complainant's card CVV and dynamic One Time Password (OTP). Further, it was also informed that the OTP was successfully delivered at the Registered Mobile Number of the Complainant as per the answering OPs records. Also, transaction alert SMS for the disputed transactions was delivered at the Complainants Mobile Number. Hence, the liability   is only of the complainant.  However, the complainant received credit of Rs.45,000/-  as the transaction was not in dispute and was immediately reversed when it was failed.  All other allegations made in the complaint has been  denied being wrong.
3. complaint qua  OPs No.1&4 dismissed as withdrawn vide order dated 27.12.2022.
4. Rejoinder was filed and averments made in the consumer complaint were reiterated.
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. It is an admitted fact as well as evident from Annexure C-2  that two fraudulent  transactions  of Rs.45,000/- each  took place on 24.11.2021  from the credit card account of the complainant. Meaning thereby the total amount of Rs.90,000/- was fraudulently deducted from the credit card account of the complainant.  The complainant accordingly lodged complaint vide Annexure C-3  with OPs No.2&3. In the said complaint  there is clear mention of  fraudulent transaction of Rs.90,000/- (Rs.45,000/- each). Vide Annexure C-5 dated 1.1.2022 the  complaint was  duly acknowledged by Central Receipt and Processing Centre (CRPC) with complaint No. N202122007023018 SBI Cards & Payment Services Pvt. Ltd.  Thereafter on 1.4.2022 vide Annexure C-7 CRPC intimated the complainant as under:-

“Bank has submitted that amount will be refunded into complainant account and same will be reflected into his next month credit card statement.”

8.  From the above it is crystal clear that as per complaint of the complainant loss of Rs.90,000/- was to be made good by OPs No.2&3 but they with malafide intention made payment of Rs.45,000/- to the complainant as is evident from Annexure C-8 instead of total amount of Rs.90,000/- for compliance of aforesaid instructions of CRPC. It is malafide intention of OPs No.2&3  that they made part payment and  denied remaining payment of Rs.45,000/-,  i.e. the first transaction.
9. Admittedly the complainant received  refund of partial amount of Rs.45,000/- and not for the remaining amount of Rs.45,000/- despite of the fact that the both transactions were done by the scammer during same phone call and also with the same merchant as is evident from record. No specific rule or formula has been disclosed by the OPs No.2&3 that how they concluded to refund amount of only one transaction and not the other one. Thus OPs No.2&3 have arbitrarily denied refund of the remaining amount deducted from the credit card account of the complainant. 
10. In view of the foregoing, we are of the view that the act of OPs No.2&3 for refunding partial amount of Rs.45,000/- despite of fact that the complainant lodged complaint of fraudulent transaction of Rs.90,000/- (Rs.45,000 each)  and even no specific amount was mentioned by the CRPC as is evident from Annexure C-7 to be refunded to the complainant, it was the duty of OPs No.2&3 to make good the loss of the complainant to the tune of Rs.90,000/- instead of partial amount of Rs.45,000/-. Hence, there is clear cut deficiency in service on the part of the OPs No.2&3.
11. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs No. 2&3 are directed as under:-

1. to pay remaining amount Rs.45,000/- with interest @9% P.A.from the date of filing of the instant complaint till onwards.
2. to pay Rs.7000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.5000/- to the complainant as costs of litigation.

12.      This order be complied with by the OPs No. 2&3 within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
13. Pending miscellaneous application(s), if any, also stands disposed off.
14.      Certified copies of this order be sent to the parties free of charge. The file be consigned.