OPs have contested the case by filing WV assailing the maintainability of the instant complaint and also stated that the petition of complaint is harassing, baseless vague frivolous and devoid of any merit and liable to be dismissed on such grounds. OPs have stated that complainant have already admitted that he has shared the details of the Credit Cards being No. 4377486945440798 and 4377486945440780 to a third party by mistake and received a SMS Rs. 111,900/-was debited from their account through five transactions. On 28/02/2019 OP1 received a complaint at their helpline from the complaint disputing the abovementioned transactions and their service executive immediately blocked the card and the issue was taken up for investigation. Post investigation it was revealed that the above transaction was an online 3D secured transaction. OTP and Transaction SMS were sent and delivered to Cardholder on his registered mobile number, no mobile change observed. During inquiry the merchant WWWFUTUREPAY CO.IN has provided direct credit of Rs.17,368/- and 43,000/- on 2nd& 4th March, 2019, WWW OLACABS COM Gurgaon has credited Rs.10,000/- & 10,000/- on 1st& 2nd March, 2019. Further, it is stated by the OPs that under card not (CNP) transactions in reference to secured transaction – such a transaction can only be performed on the basis of a secured code which is known only to cardholder and the transaction can be completed successfully only using the said secured/secret code. Based on the aforesaid fact, extant VISA guidelines inhibit the OPs raising chargeback on transactions performed in a secured code. The OP1 or their vendors do not solicit from their customers any key information pertaining to SBI Card e.g. CVV No., OTP etc under any circumstances. As a proactive measure to create fraud awareness amongst our esteemed cardholders especially to counter such unauthorized calls we leverage all communications modes e.g. mobile phone, email card statement, our website and the social media as well as to reach out to our customers and educating them on Dos’ & Don’ts especially advising them to not share the crucial information on SBI Card. However, still card details have been comprised because the complainant revealed the credit card details to a 3rd party as mentioned by him in the dispute form. Therefore the said transaction was in the cardholder’s liability andthe answering OPs are not responsible for any fraudulent transaction. There is no unfair trade practice or deficiency on the part of the OPs. Complaint is without merit and liable to be dismissed.
We have heard the Ld. Advocates for the parties and have carefully gone through the averments in the complaint, written version filed by the OPs, evidenced and document son the record.
Admitted fact is that complainantshared their Credit Card details to a 3rd party. Complaints lodged, G.D. Entry to concerned P.S. as well as complaint to OP1 about the fraudulent transaction. Duty Officer of Bidhannagar South Police Station P.S. attached the written complaint of the complainants vide FIR No. 22/19 dated 02/03/2019. On perusal of the copy of the FIR we find that complainant disclosed their Credit Card details to anunknown person. Fact also remains that Rs.17,368/-, Rs.43,000/-, Rs.10,000/-, Rs.10,000/- were refunded to the complainant. Ld. Advocate for the complainant alleged that despite the cessation of transaction by the complainant fraudulent transaction happened due to utter negligence on the part of the OPs. Documents on record reveal thatOPs enquired about the complaint of the complainants and found that the OPs had send message to the complainant on 28/02/2019 at 12:16declining the transaction of Rs.8,900/- on SBI Credit Cardending 0798 at RAZORPAY AIRTEL PAYMENdue to suspected activities and requested to verify the said transaction and if it is confirmed then asked to send UBLK 0798 on 5676791,else to block the card asked to send DBLK 0798 on 5676791 or to call OPs’ helpline. At 12.23 on 28/02/2019 OPs received a call on mobile no. 987473498 confirming the transaction of RAZORPAY AIRTEL PAYMEN and then H block was removed. Thereafter, at 12:51 on 28/02/2019 OPs received another call on mobile no. 987473498 disputing transactions, hence the card was blocked on S. Photocopy of the e-mails furnished by the OPs showing that Anti Bank Fraud Section, Detective Department, Kolkata Policedirected OPs to provide (1) The IP Address of the said transactions, (2) The details of the said transactions with beneficiary bank name, address,Email ID and contact details and debit freeze the beneficiary account (3) The further recharge/payment details from the alleged online wallet to the other mobile numbers/DTH connection with service provider’s name, date, time amount and IP addresses, (4) Stop the transaction and refund the whole amount.OPs replied the notice with transactions details and IP Address stating that:
“Final resolution of the case: Customer outr ght denied the 3d sec transaction case closed under customer’s liability as no chargeback recourse available. Further, the merchant, “WWW FUTUREPAY CO IN GURGAON IN” has provided direct credit for Rs.17,368/- & 43,000/- dated 4/3/2019 & 2/3/2019 and the merchant “WWW OLACABS COM GURGAON IN” has provided direct credit for Rs.10,000/- & 10,000/- dated 1/3/2019 & 2/3/2019.”
OPs have also replied to the Complaint Index No. 18/CAD- NBFC/19-20 issued by The Office of the Consumer Affairs Department, Central Consumer Grievance redressal Cell, Government of West Bengal stating that:
We duly informed our cardholders via our terms and conditions that
“the Cardholder should contact SBICPSL as soon as possible at the SBI Card Helpline if the Primary or Additional credit cards is misplaced, lost, stolen, mutilated, not received when due or if he/she suspects that the credit card is being used without Cardholder’s permission. Once a card is reported lost, it should not, under any circumstances be used if found by the cardholder subsequently, and the Cardholder should cut the card diagonally in half.
The Cardholder is responsible for the security of the Card, Card number and the PIN and shall take all steps towards ensuring the safekeeping thereof. In the event SBICPSL determines that the aforementioned steps are questionable (on account of Cardholders negligence, malafides, etc), financial liability on account of the lost, stolen, or misused Card/Card number/PIN shall be borne by the Cardholder and could result in cancellation of the Card Account.”
In this regard we may refer theNotification of the R.B.I. In Clause-7 of theRBI Notification Stating that
In case where the loss is due to negligence by a customer, such as where he has shared the payment credentials, the customer will bear the entire loss until he reports unauthorized transaction to the bank.Any loss occurring after the reporting of the unauthorized transaction shall be borne by the bank.
In the light of the above notification of RBI, and also on perusal of the evidence and documents on record it appears that the unauthorized transaction took place on 28.02.2019 and the complainant reported the incident to OP on 28/02/2019. It is found from the documentary and testimonial evidence that the OPs took initiative about the grievance of the complainants. OPs filed certified copy of OTP details of the complainant under Section 65-B of the Indan Evidence Act, 1872 wherein it is clearly mentioned that in every disputed transaction OTP was sent to the complainant’s registered mobile No. 987473498. Therefore, we are of the opinion that no negligence and deficiency in service on the part of the OPs is found. We are not inclined to allow the prayer of the complainant as he cannot escape from his liabilities by giving Credit Card details to unknown person. Ignorance of law cannot be excused.
As such the instant consumer case fails on merit.
Hence,
Ordered
That the consumer case be and the same is dismissed on contest against the OPs without any cost.
