For the Complainant                       - Mr. Saikat Mali, Advocate

For the OP                                         - Miss. Asha Ghosh, Advocate

FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

The complainant had obtained a credit card from the OP being No. 4377486999430323 with credit limit of Rs.1,54,000/- and cash limit of Rs.61,600. Subsequently, the OP blocked the said credit card and issued fresh card being No. 4726426879192906 with an additional card being No. 4726426879192898. Complainant activated those credit cards on 09.07.2016, he purchased article valued Rs.1,900/- from Pantaloons on 08.07.2016. Complainant tried to book three movie tickets in INOX through the said credit card but failed to  receive OTP. Complainant received all OTPs  through his mobile  number ended with last four digit ………..0323 but on seeing the wrong mobile number ended with last four digit……….9898 displayed in the message box.  Complainant sent e-mail dated 09.07.2016 to the OP about the discrepancies of mobile number with a request to rectify the mobile number. On 11.07.2016 the employee of OP informed the complainant that several international transactions for Rs.1,52,000/- were done through his credit card with a  request to repayment such amount. The unauthorized transactions were made fraudulently and the complainant instructed the OP to block the credit card. The incident of fraudulent transactions was reported to the OP vide letter dated 12.09.2016 as well as Golabari P.S but the OP did not redress his grievance. On the contrary, the name of the complainant has been listed in the Credit Report on the  information given by the OP. Being aggrieved the activities of the OP, the complainant approached this Forum by way of consumer complaint.

Upon notice OP in their Written Version filed through their Authorized Representative Mr. Subrat Kr. Mishra took the objection  that the instant consumer complaint is not maintainable  either in facts or in law.  The specific case of the OP is that they had issued SBI Card bearing No. to the complainant in July, 2005 and the complaint made transactions through the said card. Complainant disputed the alleged transaction, on investigation it was found that aforesaid  transactions were performed in a secured manner and the same has been validated by complainant’s SBI Card. The result of investigation was communicated to the complainant vide e-mail dated 22.08.2018. Any card transaction cannot be done without confidential details of the card and the OP always advised their Cardholders not to share their card details to any third party. Complainant blocked his card on May, 2016. Again, the card was reissued being No. 000 4726426879192906 and the complainant blocked the card via online. Complainant had full knowledge of online activities and he himself changed his contact details. Thus, the OP has denied to accept any liability on their part and has also prayed for dismissal of the complaint.

Decision with Reasons

The parties are allowed to lead their respective evidence in support of their case. They have also filed Brief Notes of Agreements.

We have heard the Ld. Advocate for the parties and have carefully Written Version, evidence and documents on the record.

It is not in dispute that the complainant had obtained a Credit
Card from the OP SBI Cards & Payment Services Pvt. Ltd. In the consumer complaint the complainant has specifically stated in Para 05 of the said complaint that he had taken Credit Card from the OP, which had been lastly used on 09.07.2016. Thus, the Credit Card used by the complainant till 10.07.2016 is disputed.

The main issue that requires consideration in the matter is whether it is the duty of the OP to play any meaningful role in the matter when their own customer has reported them about the alleged fraudulent transaction form his Credit Card. The Bank has simply taken the plea that any Card absent (Online/IVR) transaction cannot be done without confidential details of the Card i.e. Card expiry, date CVV wherein and the OP always advised their cardholders not to share their card details to any third party. On completion of investigation, the OP closed the complaint of the complainant and communicated the result of investigation vide e-mail dated 22.08.2018 to the complainant. Complainant shared his card details to third party and transactions were conducted thereafter. The Ld. Advocate for  the OP has contended that  transfer of money from the Credit Card account of the complainant could not have been possible unless the complainant  had parted with his card details to someone or he himself operated the account. He has further submitted that complainant had full knowledge of the online activities and  the complainant himself changed his contact details.

In the case of State Bank of India – Vs – Dr. J.C.S Kotaky reported in III (2018) CPJ 193 it was observed by the Hon’ble NCDRC that once specific POS number had been given in message received from Bank itself to establishing contract with person or merchant establishment in possession of said POS, but nothing of that sort was done by the Bank. Complainant vide e-mail dated 09.07.2016 informed the OP regarding received OTPs in wrong mobile number ended with last four digit ……9898 instead of his registered mobile number. Thus, the Bank is liable to make good to the loss.

In the case of the Regional Manager, Indian Overseas Bank & Anr. –Vs- Abhishek Chowdhury decided on 25.02.2019 in First Appeal No. A/1238 of 2017 the Hon’ble SCDRC has been pleased to observe that defect of Indian banking System, hapless customers are robbed of their hard earned money every now and then. In such circumstances, without providing sufficient proof. Banks cannot  be allowed to pass the buck upon the customers.

It is true that in terms of the RBI guidelines, the OP is responsible to deal with the aforesaid unauthorized transactions and to bear loss when the complainant reported such unauthorized transaction to the OP within seven days from such transaction. Initially, the complainant vide e-mail dated 09.07.2016 intimated the OP regarding receive of OTPs in wrong mobile number with a request to rectify the mobile number but no action has been taken on the part of the OP. Complainant vide e-mail dated 12.09.2016 reported the OP about fraudulent transaction and the result of investigation was communicated  to the complainant vide e-mail dated 22.08.2018 after lapse of two years. That being the case, it is clear that some third person by foul play has unauthorizedly withdrawn the amount from the credit card account of  the complainant.  As the money has been wrongly withdrawn from the account of the complainant, the OP Bank who are in banking business and earning profit out of it are liable to make  good his loss. Thus, the OP Bank cannot washing their hands off from the whole episode. Therefore, the complainant is entitled to get refund the transactions amount along with compensation in the form of interest and litigation cost.

In the result, the case merit succeeds.

Hence,

Ordered

            That the consumer case be and the same is allowed on contest against  the OP with litigation costs of Rs.5,000/- (Rupees five thousand) only.

            OP is directed to credit the unauthorized transaction amount of Rs.1,77,258.33/-  (Rupees  one lac seventy-seven thousand two hundred fifty-eight and thirty-three paise) only to the Credit Card Account of  the complainant along with compensation of Rs. 20,000/- (Rupees twenty-thousand) only in the form of interest.

            OP is also directed to withdraw the CIBIL Credit Report furnished to the CIBIL Authority against  the complainant.

            OP to comply with the order within 45 days from the date of order failing which the complainant shall be at liberty to recover the amount by initiating the execution proceedings.

            Order be communicated to the parties as per rules.