For the Complainant: Ld. Advocate Tapan Kumar Chowdhury
For the OP: Ld. Advocate Md. Sajid Ansari
FINAL ORDER / JUDGEMENT
Order No.21
Date:18-03-2024
Both parties are present through their Ld. Advocates.
The case is fixed for argument. After hearing Argument from both sides the Commission proceeds to dispose of the case as hereunder:-
The complainant’s case is that he has a Credit Card with OP-Bank bearing No-4514570002391871 but surprisingly on 17.03.2020 at about 4 A.M. the complainant received total eight SMS through his registered Mobile No-9434941583 where from, it was detected that total Rs. 1,62,557.01/- (Rupees One lakh sixty two thousand five hundred fifty seven and zero one paisa) has been debited from the said Credit Card Account.
Thereafter, from time to time OP Credited almost the entire amount to the account of the complainant except Rs. 39,242/-. The OP-Bank having failed to return the full credit amount the complainant has approached this Commission for proper relief.
The OP-Bank contested the case by filing Written Version stating therein the same fact but contending that the entire defrauded amount has been credited to the account of the Complainant as per statement of account furnished at the time of hearing, which shows that Rs.1414/- (Rupees one thousand four hundred fourteen only) still remains unpaid which has been deducted towards GST payment.
Both parties tenders Affidavit-in-Chief in support of their case.
-: Decision with reasons :-
Having regard to the fact of the case, contention, submission and document on both sides the Commission finds that no Consumer dispute is existing between the parties for resolution, as the entire defrauded amount has been credited to his account but the aforesaid credit card is yet to be terminated officially.
OP-Bank apart from giving full credit of the defrauded amount shall take immediate step for termination of the Credit Card with immediate effect.
Hence, it is ordered…….
that the case is disposed of on contest by directing the OP-Bank to terminate / close / deactivate / dissociate the aforesaid Credit Card of the complainant with immediate effect with litigation cost of Rs. 2000/- (Rupees Two Thousand only) payable by the OP-Bank to the complainant within a fortnight from this date i.d. law will take its own course.
Both parties are supplied copy of this order free of cost.