District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.275/2020.
Date of Institution: 28.08.2020.
Date of Order: 09.09.2022.
Manoj Kumar, aged about 43 years son of Shri Ragubir Prasad, resident of House No. 110, Gali No. 9, Bhikam Colony, Ballabgarh, District Faridabad, Aadhar card No. 5074 79707933, mobile NO. 9582885886.
…….Complainant……..
Versus
State Bank of India, Sector-2, Faridabad, through its Branch Manager/Area Manager Mr. Tushar Tripathi.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………..Member
PRESENT: Sh. Pardeep Solanki, counsel for the complainant.
Sh. Jasmeet Singh, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant was a credit card holder duly issued by the opposite party bank, bearing credit cards NO. 4207399164908997 and 4611199354368980 respectively, The complainant want to close the above said both credit cards, hence the complainant approached the opposite party bank and requested them to close the above said credit cards of the complainant. The complainant was asked to contact area manager of the opposite party bank, namely Mr. Tushar Tripathi through his mail id. a) credit the amount of Rs.76,331/- in the bank account of the complainant, relates to Credit Cards bearing No. 4207399164908997 and 4611199354368980 respectively, duly issued by opposite party bank, immediately alongwith interest @ 24% p.a. from the date of its use till realization of whole amount.
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant had sent mail for closure of card. Further it was important to mention here that there were 6 transactions debited over the card account. It had been observed that the transaction had been performed in a secured manner as the same had been validated by their card CVV and dynamic One Time Password (OTP) over the internet/IVR. It was important to mention here that the dynamic One Time Password (OTP) was successfully delivered at the registered mobile number of the complainant. It was pertinent to mention here that any card not present(online/IVR) transaction could not be done without confidential details of the card i.e. card expiry date, CVV wherein, answering opposite party always advise their cardholders not to share their card details i.e card expiry date, CVV etc. to any third party. Additionally, they wish to confirm that SBI card had implemented Dynamic OTP as an additional factor of authentication for Online (3D)/card not present transaction (CNP) providing enchanced level of security to all CNP transactions.
Effective Date | Transaction description | Transaction amount |
12.06.20 | PAYTM Noida In | 4,998 |
12.06.2020 | PAYTM HTTPS:/PAYTM IN | 5,000 |
12.06.2020 | PAYTM HTTP./PAYTM IN | 5,000 |
12.06.2020 | PAYTM COMMER E PVT. L NOIDA IN | 5,000 |
12.06.2020 | PAYTM NOIDA IN | 4,998 |
12.06.2020 | PAYTM NOIDA IN | 4,998 |
Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party – State Bank of India with the prayer to: a) credit the amount of Rs.76,331/- in the bank account of the complainant, relates to Credit Cards bearing No. 4207399164908997 and 4611199354368980 respectively, duly issued by opposite party bank, immediately alongwith interest @ 24% p.a. from the date of its use till realization of whole amount. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment . c) pay Rs. 11,000/-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Manoj Kumar,, Ex.C1 (colly 1-10) – emails, Ex.C-2 - letter dated 03.07.2020, Ex.C-3 – Adhaar card, Ex.C-4 – email dated 11.6.2020.
On the other hand, counsel for the opposite party strongly agitated and
opposed. As per the evidence of the opposite party, Ex.RW!/A – affidavit of Shri Punit Babbar, duly constituted Attorney of opposite party No.2 Company (SBI Cards & Payments Services Ltd.) having registered office at Unit 401 & 402, 4th floor, Aggarwal Millennium Tower, E 1,2,3, Netaji Subhash Place, Wazirpur, New Delhi.
6. It is evident from letter dated 03.07.2020 vide Ex.C2 and para 6 of the complaint in which the complainant has alleged that there is collusion between the concerned representative as well as Branch Manager of the opposite party bank and they in collusion with each other have cheated the complainant and have played a fraud with him with a malafide intention to grab the money.
7. After going through the evidence led by the parties, the Commission is of the opinion that when the complainant had admitted this fact that fraud has been played against him and as per the allegations levelled in Ex.C2, the Consumer Commission is exempted. When there is a criminal offence, dispute is not adjudicable in summary jurisdiction and as such the complaint on these issues is not maintainable in Consumer Commission.
8. Keeping in view of the above, the Commission is of the opinion that the complainant has failed to establish his case. No deficiency in service on the
part of the opposite party has been proved. Resultantly, the complaint is dismissed. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on:09.09.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
