DATE OF DISPOSAL: 25.05.2023

SRI SATISH KUMAR PANIGRAHI, PRESIDENT:

            The fact of the case in brief is that the complainant has filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and unfair trade practice by the Opposite Party (in short O.P.) and for redressal of his grievance before this Commission.

The complainant herein is a user of credit card of AXIX Bank bearing card No. 5334670016753853 for the last two years. On 18.04.2022 the complainant received a call at 3.20 P.M. from the Mobile No. +1860-419-5555 who identified himself as customer care Executive of the O.P.Bank and informed about reward of Rs.4000/- in credit card. As per the advice, the complainant opened “AXIX Cash Co” in Google and filed the personal details. Thereafter an amount of Rs1,62,320/- got deducted from the AXIX Bank credit card so said above which was utilized in the platform of payment/Rent payment. The complainant contacted the O.P.No.1, being the nearly AXIX Bank Branch who without cooperating directed to approach the Cyber Crime police station at Berhampur. The aforesaid call details of Customer Care of AXIX Bank say that there was call by 15.21 P.M. of 18.04.2022 for 47m 4s and thereafter no response on outgoing calls. The phone number of 24 hours customer service of the O.P.Bank was communicated to the complainant bearing No. 1860 500 5555 or 1860 419 5555 along with the credit card of the complainant. The details of transactions in credit card from 17.04.2022 to 11.05.2022is filed as Annexuree-3. The aforesaid Annexure-3 says PAYTEM RENTAL of Rs.1,62,320/- on 18.04.2022. The complainant met with O.P.No.1 and submitted written complaint on 25.04.2022 along the form duly filled in. The complainant filed petition before the Inspector-ion-charge, Cyber Crime Economic Offences police Station, Berhampur mentioning the details on 18.04.2022. The said Cyber Crime PS, Berhampur submitted the copy of First Information Report on 25.06.2022. Thereafter, the complainant approached with the Banking Ombudsman, Reserve Bank of India, Bhubaneswar indicating the details on 09.04.2022 in complaint No.202223003001868. The said Reserve Bank of India, Bhubaneswar without making any hearing in the complaint in presence of the complainant intimated rejections the complaint by e-mail on 25.07.2022. For the call from Customer Care number of the O.P. the complainant complied requirements requesting gibe of the amount of Rs.1,62,320/- for the deficiencies of services and so also imposing of interest monthly of Rs.4,000/-. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps for crediting Rs.1,62,320/- to the accounts of the complainant in the credit card number, Rs.30,000/- towards compensation for mental agony and Rs.10,000/- towards cost of the litigation in the best interest of justice.

           3. Notices were issued to the O.Ps but they neither chooses to  appear nor filed any written version. Hence all the O.Ps set exparte on dated 27.01.2023.

          4. To substantiate his case the complainant has filed affidavit in support of his case.

5. On the date of exparte hearing of the consumer complaint, the advocate for complainant is present. We heard argument from him for the complainant at length and perused the complaint petition, written argument and materials placed on the case record.

6. On the date of hearing of consumer complaint learned counsel for the complaint is present. We heard argument from the counsel for the complainant. We perused the complaint petition, written version, written arguments and documents placed on the case record. In the present case, there was a fraudulent transaction on 18.04.2022 for Rs.1,62,320/- after a call received from the Customer Care Executive of the opposite party bank. And silent over the matter by the opposite parties after acknowledging the notice of the Commission speaks volumes about the irregularity and fraudulent transaction on their part. The law is well settled in the judgment passed by the Hon’ble National CDR Commission, New Delhi has held in case of HDFC Bank Limited & others v. Jesna Jose reported in [2021] CJ 165 (N.C) wherein the Hon’ble National Commission settled the issues that, “A. Banking and financial services – pre-paid Forex Plus Debit Card fraudulent Transactions – Complainant stated that credit card was in her possession when disputed transactions had taken place – petitioner has produced no evidence to substantiate its averment that credit card was stolen or that complainant has reported to any fraud/forgery - In today’s digital age, possibility that credit card was hacked or forged cannot be ruled out – Petitioner-Bank cannot rely on arbitrary terms and conditions to wriggle out of its liability towards customers – For a below have rightly held bank liable for unauthorized transactions. [Consumer Protection Act, 1986-Section 21(b)]. The ratio decidendi of the HDFC (supra) can be equated for just and fair adjudication in the instant case.

           In the result, the complainant’s case is allowed on exparte against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to refund Rs.1,62,320/- together with 9% interest per annum from the date of filing of this case i.e. on  01.08.2022 within 45 days from the date of receipt of this order. Further the O.Ps are also directed to pay Rs.5000/- towards cost of litigation to the complainant within 45 days from the date of receipt of this order failing which all the dues shall carry 12% per annum till its actual date of realisation and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realisation of all dues.  

This case is disposed of accordingly.

            The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 25.05.2023.