FINAL ORDER/JUDGEMENT
SMT. SAHANA AHMED BASU, MEMBER.
The instant consumer complaint, in brief, is that complainant has a S.B. A/c with S.B.I. Santoshpur Branch and subsequently he was requested by a representative of the O.P. Bank for a Credit Card. Being allured upon several requests of the O.P. he obtained a Credit Card being No.4726427584196562. Complainant never used such Credit Card. On getting a fake call complainant went to O.P. Bank to block such Card and he was informed that the said Card was blocked. On same day, he received a call from SBI Credit Card Division asking for password which came to her mobile. Complainant again rushed to Bank for blocking her Card and the Manager told him the call might be go for confirmation. Complainant informed the matter before local police station vide GDE No.576 dated 07/11/2018. On 07/11/2018 he received a call to her registered mobile asking OTP for finally blocking her Card and on good faith he gave the OTP. On 17/11/2018 went to Santoshpur Branch to enquire her account balance she was asked to meet with the office of the Credit Card Division at APJ House. On reaching to that office she was informed that an amount of Rs.79,960/- has been debited from her Card A/C i.e. Rs.19,990/- was debited for four times for Paytm fraudulently and a bill was raised for said credit card account with threatening the complainant for paying such alleged amount. In spite of that O.P. Bank the alleged bill for an amount of Rs.79,969/- in respect of said credit card and the minimum amount of Rs.3998/- has been deducted from S.B. A/C. She got several threatening from O.P. Complainant informed the matter to the D.C. D.D. Kolkata Police. But to no effect. Finding no other alternative she approached this Commission for getting reliefs.
O.P. contested the case by filing written version assailing the maintainability of the case. O.P. states that complainant has not come in clean hands before this Commission and there is suppression of material facts. The case of the O.P. is that the disputed transactions were online. Online transactions are 3D secured and cannot be completed without OTP. Bank informs its customers on repeated occasions for not to share OTP to any 3rd person for online transaction. Bank never asks OTP from its customers. O.P. further stated that the PAYTM was not made party in this case. It is also stated that there is neither any deficiency in service or unfair trade practice on the part of the O.P. As such, the complaint is liable to be dismissed with exemplary costs.
We have travelled over the complaint petition as well as the documents filed by the complainant in support of her contention together with the written version along with documents submitted by the O.P. in their support.
Fact remains that a credit card bearing No. 4726427584196562 issued in favour of the complainant by the O.P. Admittedly, an amount of Rs.79,960/- in total is debited from the said account of the complainant. It has been submitted by the complainant that a call was received from mobile No.8828406280 to the registered mobile No. of the complainant i.e. 9433950201 for getting OTP for finally blocking the afore said Card four times said caller claimed himself as Manager of the Credit Card Division and complainant shared OTP for four times on good faith. Photocopy of transaction form furnishes by the parties reveals that the complainant made a comment that ‘Received a call from 8825906280. It taken OTP from me’. We found alleged number mentioned by the complainant in the transaction form is different from the number mentioned in the complaint petition and BNA. The complainant submitted that the Card was blocked by the O.P. on 07/11/2018 at 12-20 PM and the alleged transactions were made on 12-30 PM. It is found from the photocopies of transaction details furnished by the O.P. that alleged transactions were made on 07/11/2018 at 12-03 PM to 12-17 PM and each time an amount of Rs.19,990/- was debited from the complainant’s Card Account. The Card was blocked on the same day at 12-20 PM After that several messages and OTPs were sent to that registered number of the complainant between 12-20 PM to 12-43 PM which were declined due to the Card was blocked. Therefore, it is clear that no transaction were made after 12-20 PM as claimed by the complainant.
Ld. Advocate for the O.P. argued that all the online transactions are 3D secured transaction and any online transaction cannot be made without obtaining OTP in the registered mobile number of the card holder. It is also submitted that by norms any information regarding the Card including OTP generated at the time of making online transactions through the registered mobile number and the Card holder is being specifically and categorically told not to share their card details or OTP with any third person for safety and security. On perusal of the materials on record furnished by the O.P. it is found that in each alleged transaction a message was generated in the registered mobile number of the complainant as ‘<> is the OTP for txn of INR 19990 at PAYTM with your SBI Card ending XX6562’. TXN IDs are 45028568827, 45029315515, 450251536, 45030385196, and Message IDs are 17420706478, 17421029273, 17421063042, 17421093938 and after completion of transaction the message generated in the registered mobile of the complainant as ‘Rs.19990.00 was spent on your SBI Card ending 6562 at PAYTM on 07/11/2018’. It also appears that O.P. co-operated with Anti Bank Fraud Section of the Detective Department, Kolkata Police and supplied all the necessary documents. May be, complainant made a mistake in ignorance, though cautions have been provided as per norms in this regard by the O.P., but ignorance cannot be considered just and proper in the eye of law.
Therefore, we are of the opinion that complainant has miserably failed to establish either any deficiency in service or any unfair trade practice as alleged with any cogent evidence.
Thus, the instant consumer complaint merit fails.
Hence,
Ordered
that the consumer complaint be and the same is dismissed on contest without any order as to costs.
