BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KAMRUP, GUWAHATI

C.C.No- 61/2015

Present                                                                          

1)Md.Sahadat Hussain, A.J.S.                  -              President

2)Smti. Archana  Deka  Lahkar                -              Member

Ayusman Acharya

S/O- Dr. Probin Ch. Acharya

R/O- House No-24, Bhaskar Nagar,Near Bhaskar Vidhypith School,

R.G. Baruah Road, Guwahati, P.S-Geetanagar, P.O- Bamunimaidam

Pin-781021,District-Kamrup (M),Assam                                      -Petitioner

                                                            -VS-

1. Shopit Marketing Private Limited

Represented by The Managing Director, 161, Sarai Jullena

Opp. Escort Hospital, New Delhi-110025

2. The Managing Director,Shopit Marketing Private Limited

161, Sarai Jullena, Opp. Escort Hospital, New Delhi-110025

                                                                                                        -  Opp. Party

Appearance:  

The complainant himself conducted the case.

Date of Argument: 22-02-2017

Date of Judgment: 07-03-2017

 JUDGMENT

THIS IS A CASE U/S-12 OF THE CONSUMER PROTECTION ACT,1986.

1. The complaint filed by Mr. Ayusman Acharya was admitted on 06-08-2015 and notices were issued to the opp. parties and notices were deemed served duly as the notices which were issued through registered post letter (A.D) were not returned unserved, and accordingly this Forum, vide order dtd. 13-03-2016, directed that the case against the opp. parties will proceed on exparte . The complainant filed evidence in affidavit and he also filed his written argument on 26-10-2016. Therefore, on 22-02-2017 we have heard oral argument of the complainant; and today we deliver our judgment which is as below:
2. The complainant’s case in brief is that the complainant one day in 2014 has received several calls from the Opp. Party No-1 . On 19/08/2014 a call again came from the opposite party No-1 and they told him that complainant had won a prize, and to give the prize to the correct person, it is necessary to verify name and address ,for which they need complainant’s credit card number. The complainant, without thinking a minute, in good faith gave his credit card number issued by Axis Bank with card No:5245080000116745 to the Opp. Party No-1.Then ,on 19/08/2014, someone fraudulently had used complainant’s credit card without his knowledge on the internet to make an purchase of Rs.37,997/- by generating One Time Password(OTP) in the website of the Opp. Party No-1 . Complainant came to know about it when he received a SMS in his mobile at about 14:19 hours. On receiving the information, he immediately called up the credit card department of the Axis Bank to block his card,the credit card department of the bank immediately confirmed that they had blocked his card, but then again the complainant received SMS stating that his card was used to spend Rs37,997/- at Opposite Party No-1 by making a false account in complainant’s name. Complainant immediately again called on  the customer care number of the Axis bank to lodge complaint regarding fraudulent use of his card, and at about 15:30hours,he again made a written complaint about the hacking of his card details. Complainant had even mailed to them informing that he had not generated the OTP and requested to stop any transaction. The bank confirmed that the said card has been blocked for security reason on 19/08/2014 itself. Complainant even filled up the customer dispute form and mailed it to them on 23/08/2014 as  asked by them on 22/08/2014, but the bank denied to take responsibility and asked the complainant to pay the debited amount of the complainant card. The complainant ,on receiving the SMS regarding the use of his card in Shopit Marketing Pvt.Ltd. company ,called up its customer care number and mailed them informing them of the fraud done in his credit card. The complainant thereafter immediately, on 19/08/2014, asked the customer care of the company(O.P.No-1) to cancel the order and to return the ordered amount as the company has the policy that the order can be cancelled within 72 hours and the full amount of money will be refunded within 15 days. The company confirmed it over telephone and even mailed to him .When the complainant checked his credit card statement and the e-mail id he was surprised seeing that opp. party fraudulently used his credit card. The complainant filed an F.I.R  at Geetanagar Police Station  on 18/09/2015 against them .In everytime the opposite parties asked the complainant to wait for some time . The complainant ‘s money had not been refunded till today. The complainant  was surprised to find that the Opp. Party had been involved in the said fraudulent activities with several person of different states. All the endevours made by complainant during the last two years are  in vain.
3. We have perused the complaint as well as the evidence adduced by the complainant. We have also perused the submission made by the complainant.
4. From evidence, it is found that the complainant had found a phone call on 19/08/2014 from the Opp. Party No-1 which  told him that he won a prize and they need to verify the correct person, for which they need his credit card number, and he then ,in good faith,  gave his credit card number 5245080000116745 issued by Axis Bank to the Opp. Party. From the evidence , it is seen that the complainant, after knowing about that false transaction , called customer care number of Axis bank to lodge complaint regarding fradulent use of his credit card and he also went to Axis bank ,Zoo Road branch at about 15:30 hours on that day and lodged a complaint with them about hacking of his credit cards by some one at 14:57 hours on 19-08-2014 for Rs.37,997 at Shopit Marketing and also sent a mail to the bank informing them that he had not generated the OTP and requested them to stop any transaction done on his card and they mailed back him informing him that the card has been blocked for security reason on 19-08-2014 itself; and he also then filled a Customer Dispute Form and mailed to the bank on 23-08-2014 as asked by the bank on 22-08-2014, but the bank denied to pay the debited amount to his card although his card was fraudulently used by some one. Thirdly, it is also found from his evidence that on 19-08-2014 he immediately asked the Customer Care of Opp.Party No-1 over phone and email  to cancel the said fraudulent order and to return the amount (Rs.37,997/-) and their customer care informed him that the order has been cancelled and the refund will be done within next fifteen days, but they did not refund the amount; and then he on several occasions, requested Customer Care of Opp. Party No-1 to refund the amount but they have not taken step to refund the amount to him. So, we hold that Opp. Party No-1 with collusion with some other person deceived the complainant and duped the amount; and such act of Opp. Party No-1 is a case of deficiency of service to the complainant and unfair trade practice; and as such Opp. Party No-1 & 2 are liable to refund Rs.37,997/- which they had duped from the complainant along with interest at the rate of 12% from 19-08-2014 . It is also found that by that act opp. parties harassed the complainant. So, we hold opp. parties are liable to pay the complainant Rs.10,000/- as compensation and also Rs.5,000/- as cost of proceeding.
5. Because of what has been discussed as above, the complaint against the opp. parties is allowed on exparte and the opp. parties are directed to refund Rs.37,997/- to the complainant  which they had duped from him along with  interest at the rate of 12% p.a. from 19-08-2014; and also to pay him Rs.10,000/- as compensation for causing harassment and Rs.5,000/- as cost of the proceeding, to-which, both the opp. parties are jointly and severally liable.

Given under our hand and seal on this day of 7^th March,2017.

Smti Archana Deka Lahkar                                                       Md.S.Hussain

(Member  )                                                                                   (  President)