Passed by Shri Atul D. Alsi, Hon’ble President.

1. The complainant has filed complaint case against O.P. SBI- credit card company against the refusal to reverse the disputed transaction of Rs.99,000/- for the negligence on the part of O.P. in banking online transactions and there by claiming to reverse the transaction along with compensation and cost with interest amounted to Rs.1,50,000/-.

The  story  in short  is as under,

2. The complainant is a doctor by profession and having credit card of O.P. bearing No.4032-5064-0951-3793 with registered mobile of complainant bearing No.9422105627 on 15^th Feb.2020 at around 1.18 p.m. complainant received a message on his mobile with information that his PAYTEM kyc is suspended and for further assistance contact on mobile no.8389072587. The complainant called back the number at 4 p.m. and he was asked to down Quick Support App. and ask to deposit Rs.10,000/-to his debit card towards security deposit and the complainant made payment of Rs.10,000/- through his credit card, later on the complainant realised that two transactions amounted to Rs.99,000/- were carried out by using his credit card illegally.  The complaint immediately call helpline and block the credit card and reported the matter to O.P. though online complaint mechanism and requested for putting hold on amount, complainant also lodged the complaint with MIDC police station, Nagpur on 15.2.2020. The complainant also filed complaint with Cyber cell, Nagpur police on 17.2.2020. The O.P. was unable to debit freeze the beneficiary merchant account inspite of receiving the instruction.  The inaction of non debit of beneficiary account as well as non initiating quick action to recall the amount illegally withdrawn from credit card of complaint amounts to deficiency in service. The O.P. has never take the steps and internal investigation carried for illegally withdrawn complainant amount and the O.P. Bank has failed to fix the cap on such transactions as per RBI of India master circular dated 1.07.2015 at 5.17 p.m. for securing electronic payment transactions. The O.P. failed to provide Robust and Dynamic transaction and prevention mechanism this led to happing of fraud and complainant loosing huge amount of Rs.99,000/- and therefore present complaint is filed.
3. The O.P. filed reply and denied allegation and admitted that the O.P. has issued SBI credit card to the complainant as per application with KYC documents moved by the complainant.  It is the responsibility of complainant to keep card information and passwords with himself only and not to share with any party.  The complaint has downloaded the quick app as per instructions given by third party with unknown number and made payment of Rs.10,000/- by Debit card. The complainant has shared the message and OTP number on his own. Therefore there is no deficiency on the part of O.P. and in that case the circular issued by RBI date 6.7.2017 in cases were loss is due to negligence of customer such as where the customer has shared the credentials, the customer will bear the entire loss until he report the unauthorised transitions to the bank therefore the complainant is not liable for any kind of compensation and there is no Unfair Trade Practice on the part of O.P.  Hence the complaint is liable to be dismissed with cost.
4. Counsel for complainant argued that complaint after realisation of two transaction amounting to Rs.99,000/- were carried out using his credit card reported the matter to the O.P. company through online mechanism and the O.P. had unable to put hold on beneficiary account in spite of receiving timely complaint.  The O.P. has closed the complaint with findings that the transaction has been performed in secured manner which has been validated by card-CVV and One Time Password over internet which was delivered on complainant registered mobile.  Non sending of messages about deduction of money from complainant account except the message of OTP from O.P. does amount to deficiency of service. The O.P. company without initiating any action, the complainant here, in this case was not negligent but it was an accident to install screen sharing app. without knowledge and understanding.  The accident is un-designed, sudden or unexpected event; mishap; misfortune; disaster. The O.P. fails to take proper investigation to secure the payment of transaction from credit card therefore it amounts to deficiency in service and therefore O.P. is liable to compensate as per judgement in M/s. Leatheroid  Plastics Pvt. Ltd. Vs. Canera Bank, decided on 6/02/2019.  Hon’ble apex court holding that the compliant had suffered the loss because of inaction and negligence on the part of bank.  In the present circumstances the uploading of remote screen shared on mobile of complainant was accidental act therefore it cannot be term as negligence or contributory negligence hence the provision of Zero liability circular of RBI is applicable and complainant is entitle for reversal of amount of Rs.99, 000/- for the fraudulent transaction as per judgment given by National Commission, New Delhi in the matter of  SBI Vs.  JCS Kataky holding that once the complaint made for unauthorised withdrawn it is the duty of bank to have carried out necessary verification in the matter, rather that washing their hands from the liability. In the present case wherein without holding any meaningful investigation the O.P. has washing their hands with intention to avoid liability. The similar view has been taken and held by State Consumer Commission, Chandigrah in A/352/2018 dated 26.8.2019 by confirming the order of District Consumer Commission to penalise the respondent card company, therefore complaint may be allowed as prayed.
5. The counsel for O.P. argued that as per agreement executed between complainant and O.P. a dispute and claim arose shall be settled by arbitration as per Arbitration Act, 1996 hence the commission has no jurisdiction to entertain the complaint.  The complaint downloaded quick app as per instruction of third party and shared OTP and card information with third party with unknown number as per admission given by complainant in compliant. In that case the O.P. is not liable to compensate as per circular issued by RBI in respect of limited liability on July 2017. For negligence on the part of complainant in conducting online transactions, after receipt of complaint the O.P.has conducted the investigation and it is found that due to the negligence on the part of complainant by downloading unauthorised app and sharing OTP which is in contravention of instruction issued by O.P. from time to time in public by various modes of information. Therefore the complaint is deserved to be dismissed with cost.

REASONING

6. The O.P. has issued credit card to the complainant on 15.2.2020.  The compliant received message on his mobile informed that his Paytem kyc is suspended and for further assistant the compliant should contact on mobile No.8389072587. The complainant called back on said number at around 4 p.m. and he was asked to download Quick Support App. and therefore complaint was asked to deposit Rs.10,000/- and accordingly compliant made payment of Rs. 10,000/- through his credit card and later the complainant realised that two transaction amounting to Rs.99,000/- were carried out using his credit card illegally therefore the complainant immediately reported to block the card through helpline and also registered complaint with a police on 15.2.2020.
7. If the complainant has received the call from some unknown number it is a responsibility of complainant not to share the information of credit card and password to any one or third party.  The complainant has himself downloaded Quick App. as per instruction given by third party and shared the details including OTP to third party.  The O.P. as well as banking company use to tell not to share the information of debit card and credit card with OTP to anyone. The complainant has himself shared the OTP with third party therefore it is not an accident act.  It is termed as negligence on the part of complainant therefore the circular issued by RBI in respect Zero liability dated 6th July 2017 bearing RBI/2017-18/15 stating that in case of loss is due to negligence by customer by sharing the payment credential the customer bear the entire loss.  On the other had after receipt from the customer O.P. has conducted enquiry to secure the payment.  Therefore the O.P. is not liable to compensate the complainant as prayed in the complaint. Hence case is dismissed as per following order.

ORDER

1. Complaint is dismissed.
2. No order as to costs.

Copy of order be furnished to both the parties, free of cost.