DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 130/2022
Date of Filing:- Date of Admission:- Date of Disposal:-
06.05.2022 13.05.2022 24.07.2023
Complainant/s:- | SATYA BRATA MUKHERJEE Janmabhumi Apartment 3rd Floor, Flat – 3C 57/ Amrita Nagar Belgharia, P.S. – Belgharia, P.O. – Belgharia, Kolkata – 700056. =Vs.= |
Opposite Parties/s:- | - The Branch Manager, HDFC Bank, Shyambazar Branch
55/1, Bhupendra Bose Avenue, near Shyambazar Metro Station, PS – Shyampukur Kolkata, West Bengal – 700004. - The Branch Manager, HDFC Bank, Belgharia Branch, 43/3 Feeder Road, Adarsha Pally, Belgharia, Kolkata, P.S – Belgharia, P.O – Belgharia, West Bengal – 700056.
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P R E S E N T
:- Smt. Monisha Shaw..………… Member.
:- Sri. Abhijit Basu…. …………. Member.
JUDGMENT/FINAL ORDER
This complaint is filed by the Complainant U/s 35 of the Consumer Protection Act, 2019.
The brief fact of the case is Complainant is the consumer of the Opposite Parties, the Complainant is account holder being account no. 01741500007585 at HDFC Bank. The authority of the HDFC issued a credit card being no. 36835702809705, thereafter the said credit card was blocked by the authority and issued new card being no. 36113550530603. It is mentioned that herein after below the credit card no. 36835702809705 would be mentioned as old credit card and credit card no. 36835702809705 would be mentioned as new credit card.
The Complainant submits that one unauthorized transaction was made of Rs. 95,500/- by transaction/transferred no. 6399748063 and 916294439283 from old credit card after issuing new credit card. The Complainant informed the Belghoria HDFC Branch but no step was taken. Complainant also informed the same unauthorized withdrawal to the Opposite Parties (Bank) on 01/01/2020. The said fact was also informed on 31/12/2019 before concerned police station for cyber crime but in vein. The demand notice issued by the Opposite Parties upon older card which was blocked earlier. The Banking Authority claiming unauthorized withdrawal amount of Rs. 1,76,353/- i.e. interest with said Rs. 95,500/-. The Complainant stated that after blocking the said old credit card how the party will withdraw the said amount and why the said unauthorized withdrawal amount will carry forward to new credit card without proper investigation. Opposite Parties are not filed any W/V even after received the notice and O.P was not appeared at the time of argument also.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case.
Reason for Judgment:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
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C.C. No. 130/2022
As the Complainant is an account holder of the bank and also credit card holder of the same i.e. Opposite Parties, hence, Complainant is a consumer and Opposite Parties are service provider. This case is within the territorial and pecuniary jurisdiction of this Commission. Hence this Commission has ample power to try this case. The said old credit card was blocked for unauthorized withdrawal of Rs. 95,500/-. Regarding this unauthorized withdrawal complainant filed and lodged complaint before police station for cyber crime on 31/12/2019 and also lodged complaint before the bank and / or Opposite Parties on 01/01/2020.
Considering the facts of the Complainant the Opposite Party issued new credit card but unfortunately the said unauthorized withdrawal of Rs. 95,500/- was also carried forward to new credit card without proper investigation. Inspite of blocking the old credit card for unauthorized withdrawal of Rs. 95,500/- and issued new credit card by credit card banking authority instead of old credit card but the credit card banking authority carried forward the said unauthorized withdrawal amount and charging interest day by day which is deficiency of service of the Opposite Parties. The Complainant requested the Opposite parties for deduct the unauthorized withdrawal on several occasion but in vein. As the unauthorized withdrawal was made so new credit card issued by the banking credit card authority.
It is the duty of the banking credit card authority to give protection and security of the Complainant. If an account is maintained by the bank, bank itself responsible for its safety and security. Any systemic failure, due to any virus or hacking in its computerized system bank is responsible for that fault, the consumer is not liable for that. The Complainant had no control upon the unauthorized withdrawal by hackers. The said old credit card was locked and freeze by the banking authority for unauthorized withdrawal, so the unauthorized withdrawal amount shall not run in new credit card. The new credit card was issued by the credit card banking authority after satisfaction of unauthorized withdrawal from old credit card. So, the unauthorized withdrawal amount and its interest shall not run in issuing new credit card. The Opposite Parties did not appear before this Commission even after receiving the notice. Hence, the case heard ex-parte. The Complainant proves his case as such and he is entitled to get relief as prayed for. The bank itself is responsible for safety and security of the credit card as the credit card account is maintainable by the bank. The bank itself is responsible for its safety and security. Any systemic failure due to any virus or hacking in its computerized system, it is responsibility of the bank not the consumer. As the O.P did not controvert the allegation of the complaint therefore, Complainant is proved his case.
Hence,
it is ordered,
That the case being no. C.C .130/2022 be and the same is allowed on merit and heard ex-parte as the O.P is not appeared at the time of argument and even not filed the Written Version.
It is hereby directed Opposite Parties and the credit card issuing authority to re-check old credit card account and new credit card account and deduct the fraudulent claim and / or deduct the unauthorized withdrawal amount to the new issuing credit card within one month from the date of delivery of this judgment, failing which the Complainant is at liberty to file execution case according to law.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
Member
Member Member
