BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

 14^TH DAY OF MARCH 2016

O R D E R

SMT. M. YASHODHAMMA,   MEMBER

This is a complaint filed by the complainant in person under Section 12 of Consumer Protection Act, 1986 praying for an order against OP to pay Rs.70,000/- on the allegations of deficiency of service. 

2.      The brief averments made in the complaint are as follows:

Complainant is credit card holder of OP Bank bearing card No.4377 4869 5467 3214 for last 14 years.  Since the said card was damaged, complainant requested OP Bank credit card section to issue new credit card.  Even after lapse of one month after residential verification, OP Bank failed to send the new card to the complainant.  On 18.11.2015 and on 20.11.2015 complainant received a telephone calls from fraud team holding mobile No.9599063456, 9241118530 and 9671581103 by name Mr.Rahul Sharma, Neha Singh and Ravi phone called to the complainant’s No.9740098387 stating they are from State Bank of India (Service Centre), further stated 16 digit credit card number of the complainant, his date of birth and his mother’s name.  Thereafter all of a sudden 5 to 6 messages came to his mobile stating online transaction has taken place on 18.11.2015 Rs.7,045/- and on 20.11.2015 Rs.5,000/- Rs.43,152/- Rs.47,500/- Ra.3,000/- Rs.3,000/- and Rs.2,000/- totally a sum of Rs.1,16,000/- has been fraudulently withdraw from the account of the complainant.  Complainant contacted OP through bank helpline on 21.11.2015.  Thereafter Rs.47,500/- was reversed by OP to the account of the complainant card No.4377 4869 5467 3214 but for balance amount of Rs.70,000/- OP Bank sought time till 4^th December 2015.  Afterwards OP said case is closed and complainant has to pay Rs.70,000/- to OP.  Complainant felt OP is involved in the issue.  Hence, he sent notice to OP stating he will approach consumer court.  There was no response from OP.  Hence, complainant felt deficiency in service on the part of the OP.  Under the circumstances, he is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to OP.  Inspite of service of notice OP remained absent without any sufficient reason or cause.  Hence OP was placed exparte and posted the case for filing affidavit of the complainant.

4. So as to prove his case, Mr.Guruprasad.K., who being the complainant filed his affidavit by way of evidence in support of his complaint reiterating the complaint averments and also filed written arguments.

5. The above said assertions of the complainant have remained unchallenged. OP neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. In support of his complaint complainant has produced the following documents.  Document No.1 is copy of the dispute form issued by OP Bank stating he is disputing the nine transactions dated 18.11.2015 for Rs.7,045/- on 18.11.2015, for Rs.5,000/- dated 20.11.2015 for Rs.43,152/-, Rs.47,500/- Rs.3,000/- and Rs.2,000/- totally for a sum of Rs.1,15,692/-.  Document No.2 is acknowledgement issued by A.S.I., KumarSwamy layout police station for having received the complaint from the complainant dated 21.11.2015 stating on 18.11.2015 some unknown persons stating they belonged to OP Bank, called the complainant asking for his credit card number for renewal of the card.  On furnishing the details of the card from 18.11.2015 to 21.11.2015, there is a withdrawal of Rs.1,12,000/- from the account of the complainant. Further requesting OP to trace the said unknown persons and to refund the amount.  Document No.3 is copy of the Pan card of the complainant.  Document No.4 is copy of the notice dated nil issued by complainant to OP Bank stating the complainant is a credit card holder of OP Bank since 14 years.  On 21.11.2015 he interacted with OP Bank helpline.  OP has assured that investigation is going on and sought time till 04.12.2015.  On 05.12.2015 OP stated that case is closed and complainant has to pay Rs.70,000/- to OP Bank.  Hence, complainant decided to put a consumer court case against OP.

7.  From the perusal of oral and documentary evidence it is clear that complainant is a credit card holder of OP bank since 14 years.  It is also not in dispute that OP bank has assured to issue new credit card to the complainant in the month of July 2015 in lieu of old card.  On 18.11.2015 and on 20.11.2015 complainant received telephone calls from unknown persons stating they belonged to OP bank service centre, and they will be sending credit card to the complainant. Thereafter on 18.11.2015 complainant received messages stating withdrawals of Rs.7,045/- and Rs.5,000/-.  Since complainant was engaged in his personal work he could not approach OP immediately.  Further on 20.11.2015 again he received messages stating Rs.43,152/-,  Rs.47,500/- and Rs.3,000/-, Rs,3,000/- and Rs.2,000/- totally Rs.1,16,000/- was withdrawn through on line transaction as per Document No.1 dispute form.  However, on request made by complainant OP Bank has credited only Rs.47,500/- to his account.  OP is demanding balance amount from the complainant.  Hence, this complaint.

8. From the available materials on record, it is crystal clear that complainant is credit card holder of OP Bank.  On the request of complainant OP Bank agreed to issue new card in the place of the old one.  Some unknown persons called the complainant stating they are from service section of OP Bank and on furnishing the details illegal withdrawals of Rs.1,12,000/- has taken place from the account of the complainant.  Immediately complainant has lodged the police complaint on 21.11.2015 to Kumarswamy layout police station, Bangalore as per document No.2 and also wrote a letter to OP Bank seeking refund of the amount. OP has assured that investigation is going on.  Later on OP has refunded only part of the amount to the complainant i.e., Rs.47,500/-, but OP has failed to refund the balance amount to the complainant.  OP has admitted its liability by paying Rs.47,500/- to the complainant.  Hence, OP is liable to pay the balance amount of Rs.70,000/- to the complainant.  Inspite of repeated requests correspondences and police complaint, OP has failed to refund the balance amount to the complainant,  since around four months and made the complainant to approach this Forum by spending his time, energy and amount. After admitting its liability, denial/retention of balance amount by OP amounts to deficiency in service on the part of OP.  We are satisfied that complainant proved deficiency in service against OP.  Under the circumstance, we are of the considered view that OP is liable to refund balance amount of Rs.70,000/- to the complainant within 30 days from the date of receipt of this order failing which to pay the said amount along with interest at the rate of 6% per annum from the date of transaction i.e., 21.11.2015 till the date of payment with litigation cost of Rs.2,000/-.  Accordingly, we proceed to pass the following:

ORDER

1. The complaint filed by the complainant is allowed in part. 

2. OP is directed to pay Rs.70,000/- to the complainant within 30 days from the date of receipt of this order failing which they shall pay the said amount along with interest at 6% per annum from 21.11.2015 till realization.

3. Further OP is directed to pay litigation cost of Rs.2,000/- to the complainant.  

4.  Supply free copy of this order to both the parties.

 (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the  14^th day of March 2016)

MEMBER                          MEMBER                          PRESIDENT

NRS* 

COMPLAINT NO.1981/2015

Witness examined on behalf of the complainant dated 07.02.2016 Sri.Guruprasad.K

Witnesses examined on behalf of the OP – Absent

List of documents produced by the OP– Nil

MEMBER                            MEMBER                         PRESIDENT