Chandigarh

DF-II

CC/546/2019

Vike Singh - Complainant(s)

Versus

SBI Credit Card - Opp.Party(s)

In Person

06 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	546 of 2019
Date  of  Institution	:	17.06.2019
Date   of   Decision	:	06.03.2023

 

 

 

 

 

Vike Singh age 35 years son of Sh.Amar Singh, R/o H.No.190, Village Behlana, U.T., Chandigarh

 

            …..Complainant

 

Versus

1]  SBI Credit Card Head Office at 3^rd Floor, Block-A, Apeejay House 15 Park Street, Kolkata, West Bengal, India 70016

2]  SBI Cards Regional Office at SCO 171-172, Sector 8-C, Madhya Marg, Chandigarh

    2^nd Address:-

        SCO No.34, Phase-1, Chandigarh

3]  Sh.Hardayal Parsad, Senior Manager/Service Head Chargeback Team, SBI Card, DLF Infinity Tower, Tower-C 10-12 Floor, Black-2, Bldg. 3, DLF Cyber City, Gurgaon 122002, Haryana (India)

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

MRS.PRITI MALHOTRA             MEMBER 

                MR.B.M.SHARMA                 MEMBER

                               

Argued by  : Complainant in person.

Sh.Kartik, Adv. proxy for Sh.Sandeep Suri, Counsel of OPs.

 

PER B. M. SHARMA, MEMBER

         The case of the complainant precisely is that he is holder of Credit Card bearing No.5172526869141841 issued by OPs NO.1 & 2 and the same is connected with his email-Id as well as registered mobile number. It is stated that on 17.3.2019 three fraudulent transactions of Rs.5000/-, Rs.5000/- & Rs.1000/- totaling to Rs.11,000/- and two fraudulent transaction of Rs.500/- each on 1.4.2019, took place from the said credit card of the complainant. It is submitted that the complainant did not receive any OTP and message from OPs pertaining to said fraudulent transactions. It is also submitted that the complainant came to know about said fraudulent transaction on receipt of Account Statement on 13.4.2019 (Ann.C-2).  Then he raised this issue with OPs by sending email dated 13.4.2019, apart from sending email to Cyber Crime Cell, Chandigarh Police (Ann.C-5).  The complainant also gave complaint to Banking Lok Pal, Reserve Bank of India on 22.4.2029 (Ann.c-7).   It is pleaded that the OPs did not resolve the issue and instead imposed fine of Rs.2239/- against his credit card payment (Ann.C-10). It is pleaded that such incident had also happened with the complainant against his HDFC Credit Card which was resolved by the said Bank promptly and refund was made.  However, the OPs failed to resolve the issue of fraudulent transaction from his SBI credit card despite the request. Hence, this complaint has been preferred alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice.

 

2]      The OPs have filed joint written statement and while admitting the factual matrix of the case, stated that the transactions in disputes were not fraudulent transactions and the same were valid transaction and duly informed to the complainant.  It is submitted that the transactions were performed in a secure manner as the same has been validated by Card CVV and dynamic One Time Password (OTP) over the internet/IVR.  It is also submitted that dynamic One Time Password (OTP) was successfully delivered at the registered mobile number of the complainant.  It is stated that no transaction can be done from any card without confidential details of the card i.e. card expiry date, CVV and entering of OTP.  It is also stated that OPs always advise cardholders not to share their card details to any third party.  It is further stated that the complaint filed by the complainant before Lok Pal, RBI has already been closed as there is no mistake on the part of answering OPs. Pleading no deficiency in service and denying other allegations, the OPs have prayed for dismissal of the complaint.

 

4]      Replication on behalf of complainant has also been filed whereby the complainant reiterated the assertions made in the complaint and controverting that of OPs made in their reply.

 

5]      We have heard the complainant in person, ld.Counsel for the OPs and have perused the entire record including written arguments.  

 

6]      The main grouse of the complainant is that fraudulent transactions took place from his Credit Card Account No.5172526869141841 on 17.3.2029 i.e. three transactions of  Rs.5000/-, Rs.5000/- & Rs.1000/-(Rs.11,000/-) and two transactions of Rs.500/- each (Rs.1000/0) on 1.4.2019 and no OTP has been received by him while the said transactions took place and the request made to OPs in this regard did not yield any result.

 

7]      On the other hand the OPs have contended that the said transactions were valid one, performed in a secure manner after being validated by Card CVV number as well as One Time Password. The OPs also took stand that no transaction can be done from any credit card without entering confidential details of the card as well as One Time password. 

 

8]      We find merit in the contentions of OPs. The OPs have brought on record the evidence that while carrying on transactions in question OTP was sent to the complainant and the same was informed to complainant vide Ann.A.  However, the complainant failed to refute the said evidence of OPs.  More so, it is not expected that without entering confidential details of the card as well as OTP, any transaction could take place.  Therefore, we are of view that the complainant has not been able to prove alleged deficiency in service on the part of OPs. 

 

9]      Taking into consideration the above discussion & findings, we are of the opinion that no deficiency in service is made out against Opposite Parties. Therefore, the complainant being without merit stands dismissed. No order as to costs.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

15^th March, 2023          

                                                                              Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER