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

          Complainant by filing this complaint has alleged that complainant is a legal practitioner and is working for gain and OP is a banking institution provided Prepaid Travel Credit cards to the intending customers being No.5359310000018456 from the OP’s Kolkata Branch for travelling to USA for personal purpose and complainant availed of the services and redeemed the said card and paid the deposit (top up) from time to time and as per terms of the said card, the complainant was well covered for any expenses while going outside of India. 

          Fact remains complainant went to Virginia, USA in the month of May, 2011 for the personal reasons and he tried to use the above card having balance amount of $174.68 and the complainant used the card in the said place but the same was not working at that time and transaction was shown refused/not honoured.  Thereafter, complainant failed to understand the reason of such refusal because the said OP bank informed that the card will expire on 31^st May, 2011 by the letter dated 30-04-2011 and for which the complainant informed the said problem to the General Manager of the OP by E-Mail.  Thereafter, complainant received a reply from the Sr. Officer Customer Care that the Electronic Commerce was not activated subsequently, accordingly the complainant tried to have the Electronic Commerce activated but in spite of that card did not work.

          Thereafter, on 22-10-2011 complainant requested the General Manager to transfer the said equivalent amount of the balance in the said card to his saving account which is in the said bank branch being SB Account being No.336-1-xxx581-5 but in spite of repeated requests made by the complainant he did not receive any credit advice from the said bank as the OP Bank did not take any such step for which complainant sent another letter on 30-01-2012 but no reply was received.

          Fact remains complainant was convinced that the refund money will be settled in due course of time, but till date OP has failed to do so and OP is guilty of wilful negligence and deficiency in their service and in the circumstances for negligence manner of service and unfair trade practice this complaint is filed.

          On the contrary OP by filing written statement submitted that entire allegation is false and further submitted that as per complainant’s request the travel card bearing no.5359310000018456 falls under the category “Smart Travel Prepaid Card’ was issued by the OP to the complainant in September, 2009.

          In the present case, the prepaid card provided to the complainant is unlike a transacting account that is monitored by the statements generated.  The transactions performed with the help of the prepaid card account are viewable by the card holder online by way of the transaction details uploaded by the VISA network.  But regarding allegation that “card was not working at time and transaction was shown refused/not honoured…”   The OP states and submits that post interaction of the OP with VISA, who should have been made a necessary party, the OP is given to understand that the outstanding in the card account in the month of May, 2011 was as follows: - 27-05-2011 outstanding was $46.77, on 28-05-2011 it was $46.77, on 29-05-2011 it was the same and on 30-05-2011 it was $42.83.

          But fact remains complainant had effected transactions amounting to $81.37 i.e. ($58.17 on 31-05-2011, $15 on 31-05-2011 and $8.2 on 31-05-2011) and it is $8.2 happened on 01-06-2011 and on account of the transactions effected by the complainant the card had gone into a negative balance of $38.54 i.e. an overdue amount in the card account and from the above it is clear that there was no usable balance in the prepaid card and complainant, in fact, owes an amount to the OP Bank.  So, complainant’s claim that card was not working, that the transaction was refused are completely a lie and complainant has made false statement before this Forum.  Further it is submitted that on receipt of the E-mail from the complainant on 18-06-2011 OP requested for prepaid card number and subsequent to the receipt of the card number from the complainant, the OP Bank had checked with the VISA network and on the basis of the confirmation received from VISA the OP Bank had requested the complainant to activate the card for Electronic Commerce.  Since, the complainant was still having a problem the OP Bank had requested the complainant to visit the branch.  But OP did not meet and in the meantime Bank has reported on 02-11-2011 that the said card expired as there is no balance available in the same.  So, it is proved that there is a negative balance of $38.54 in the card account and the question of transferring credit balance cannot arise at all.  On the contrary complainant was supposed to repay the said overdue amount of $38.54.  So, the entire complaint is false and reason for not getting any amount was the fault of the complainant to withdraw excess amount than that of the prepaid amount in the account and in the above circumstances the present complaint should be dismissed.

Decision with Reasons

On careful study of the complaint and written version and also relying upon this documents as produced by the Bank it is found that no doubt complainant was a consumer under the OP and complainant is holding a Smart Travel Prepaid Card bearing No.5359310000018456 under the OP since September, 2009 and no doubt during the disputed transaction period from 26-05-2011 to 31-05-2011 it is found that complainant encashed amount one after another and transaction was successful in respect of transaction of $58.17 on 31-05-2011, $15 on 31-05-2011 and $8.2 on 31-05-2011 and all the transactions were effected and ultimately the card had gone into a negative balance of $38.54 on the ground on 30-05-2011 outstanding balance was $42.83.  But complainant has failed to prove that in his prepaid account there was more $ dollar than that of $42.83 as on 30-05-2011 or 31-05-2011.  Another factor is that as because there was negative balance the card did not function with effect from that date after such withdrawal and truth is that complainant encashed excess amount than that of the outstanding amount against the said prepaid card for which balance is shown negative balance of $38.54 and complainant is no doubt bound to repay the same and until and unless the same is repaid the said card shall not have to work and practically it is already closed.

          In this case after considering the entire materials we are convinced to hold that the complainant is a liar who has stated false story before the Forum and not only that the complainant has tried to convince this Forum otherwise and to misled the Forum for getting a relief but truth is that this complaint is a knowledgeable person, educated person and he has appeared before this Forum with black hand to get relief by misleading the Forum but anyhow it is proved that the complainant claims himself as a distinguished consumer.  Fact remains he withdrew more money than that of the amount outstanding in his balance against prepaid card and truth is that OP Bank is entitled to get $38.54 from the complainant that has been suppressed.  This is the nature and character of the complainant (consumer) claiming as an educated person and such a consumer must be penalized for filing such a vexatious and false case.  When apparently the falsity of the complainant is proved so the complaint fails.

Hence,

Ordered

That the case be and the same is dismissed on contest against the OPs.

          Considering the frivolous complaint complainant is imposed a penalty cost of Rs.10,000/-(Rupees Ten thousand only) as per provision of the C.P. Act which shall be paid by the complainant to the Forum as penalty within one month from the date of this order failing which penal action shall be started against him for which he shall be liable.

Dictated & Corrected