SMT. BANDANA ROY, PRESIDENT

            The short  facts of the case is that the complainant is a bona fide customer of the OP Bank, The OP issued a credit card in favour of the complainant for a sum of Rs. 25,000/-. The complainant noticed several deductions from his credit card, viz Rs. 2519/- on 18.09.2017, Rs, 3194/- on 27.04.2017, Rs. 3210/- on 27.05.2017, Rs, 3191/- on 27.06.2017, Rs 3191 on 27.07.2017, Rs 4201/- on 08.09.2017 and Rs, 4201/- on  10.10.2017 and the total deduction has been shown as Rs, 19,506/- . On various occasions the complainant has lodged oral and also written objection for such deductions without any basis, but the bank remained silent. On 18.11.2017 the complainant sent a legal notice upon the OP on the same score but the Bank did not reply.

            Hence the complainant has filed the instant complaint with a prayer for a direction upon the OP to pay the complainant Rs. 19,506/- and other reliefs as per the complaint.   

            The OP- Axis Bank contested the case by filing written version and prayed for dismissal of the claim application.

            The specific averment of the written version is that an welcome kit was served on the complainant at the time of issuing the credit card with all the information of using the credit card. The complainant used the said credit card frequently for purchasing on line. Before filing this complaint the complainant never made any complaint regarding such fraudulency as alleged in the complaint.  The secret Pin Code No. & OTP is strictly confidential. After every transaction SMS alert is sent with regard to the C/W Account No. 910010022833324 in the mobile No. of the complainant i.e  8001780098. The complainant never reported the Bank about any suspected transaction.  After the first information by the complainant the OP blocked the card immediately. Now the debit and credit in the account of the complainant is zero.   There is /was no role of the bank in the alleged fraudulent transaction in the credit card of the complainant.

            Under the above circumstances, the OP prays for dismissal of the complaint.

On the basis of the above pleadings of all the parties, the points require discussion are whether the case is maintainable and whether the complainant is entitled to get the reliefs  as prayed for.

Decision with reasons

            Both the points are taken up together for consideration for the sake of convenience.

            We have carefully perused the affidavit of the complainant, the written version of the OP and all the documents filed by both the parties, the affidavit in- chief and answers thereof by each of the parties and written argument filed on behalf of the OP, heard the argument advanced by both the parties Considered.

            Admittedly the bank OP issued a credit card in favour of the complainant up to the limit of Rs. 25000/- The allegation of the complainant is that the OP deducted several times  from his credit card, viz Rs. 2519/- on 18.09.2017, Rs, 3194/- on 27.04.2017, Rs. 3210/- on 27.05.2017, Rs, 3191/- on 27.06.2017, Rs 3191 on 27.07.2017, Rs 4201/- on 08.09.2017 and Rs, 4201/- on  10.10.2017 and the total deduction has been shown as Rs, 19,506/-without any basis. But the OP,  in its written version  has alleged that the complainant used the Credit Card  in his name towards making payment frequently online.  The secret Pin Code and OTP are strictly confidential, only known to the complainant- user. The OP further alleged that after every transaction in connection with the Account No. 910010022833324 SMS  alert was being send automatically within a little while in the mobile of the complainant. OP pointed out that the complainant never informed the OP about any suspected transaction before this and the Credit Card  was lying in the custody of the complainant.  OP always advised the complainant not to share the Pass ward or OTP to any other person even then it is found from the statement of the complainant that the payment  was made from that account for purchase online frequently. After receiving the request of the complainant the OP blocked the Card immediately. The OP has made this allegation in the written version   by swearing affidavit on 20.03.2018. The complainant cross-examined the OP  by affidavit on 11.06.2018 but the complainant did not counter the aforesaid points  of the OP . The complainant did not let the OP say  that the complainant did not purchase anything  or did not pay any bill for purchasing online.

            It is the settled principle of law if an allegation by affidavit is not controverted subsequently by affidavit   then it will be taken as admitted.

            In the present case it appears that the complainant did not deny that he shared the Pin No. of the Credit Card with anyone else or he did not purchase online and paid the bill through the credit card issued by the OP Bank.  Presumption is that the complainant used the credit card for payment of bill  by which he purchased any material online.

            The complainant in reply to the questionnaires of the OP stated that he has produced documents showing that he informed the OP bank about the fraudulent transactions, but there is no such document except the legal notice to prove that the complainant, before that notice at the time of deductions gave any alert to the OP bank. OP also filed an affidavit in-chief where the OP has stated that the complainant is required to prove what he has stated in para 1 to 4 of the complaint.  OP specifically stated that the complainant used the Credit Card in his name towards making payment frequently and he never reported any fraudulent transaction to the OP bank and the secret Pin Code is in the knowledge of only the complainant and the card is supposed to have in his custody alone.  The OP further stated that from the statement of A/C of the complainant it is observed that on 10.10.2017 auto debit payment received and then and there it was reversed as well as on 08.09.2017 auto debit payment received and then and there it was reversed also and as the debit and credit is same by reversal, transaction amount is zero. The OP specifically stated by affidavit that the OP cannot make any fraudulent transaction without knowledge of the complainant. The OP has no role or any part with the said transaction as the Credit Card is lying in the custody of the complainant.

            The complainant also gave evasive answer against the cross-examination of the OP.

            After going through the materials on record carefully we are of the view that the complainant has failed to prove his complaint by any cogent and convincing evidence and he is not entitled to get any relief in this case.

            In view of the aforesaid discussion we are inclined to dismiss the case against the OP.

            Both the points are answered accordingly.   

            Hence, it is

O R D E R E D

That CC/611 of 2017 be and the same is dismissed on contest against the OP.

Parties do bear their respective costs.

Let copy of the judgment be supplied to all the parties free of cost.