Tamil Nadu

South Chennai

CC/10/2018

Mrs. Jagatha Suresh - Complainant(s)

Versus

The Branch Manager, Punjab National Bank. & Others - Opp.Party(s)

Party in Person

12 Sep 2019

ORDER

                                                                  Complaint presented on : 11.12.2017

                                                                    Date of Disposal            : 12.09.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.10/2018

DATED THIS THURSDAY THE 12^TH DAY OF SEPTEMBER 2019

                                 

Mrs. Jagatha Suresh,

W/o. Mr. Suresh,

No.27, Old No.14, Cathedral Gardens,

Nungambakkam,

Chennai – 600 034.                                                        .. Complainant.                           

 

                                                                                     ..Versus..

 

1. The Branch Manager,

Punjab National Bank,

Peters Road,

Gopalapuram,

Chennai – 600 086.

 

2. The Manager,

PNB Head Office,

12^th Floor, Atmaram House,

Tolstoy Marg,

New Delhi – 110 001.                                              ..  Opposite parties.

 

For the complainant                              : Party in person

Counsel for the opposite parties 1 & 2 : M/s. Nattarajan Gopinath

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to reverse the outstanding amount of Rs.16,303/- in respect of the credit card No.4197891020506793 with interest at 12% p.a. from the date of transaction till the date of payment and to pay a sum of Rs.4,00,000/- towards compensation for harassment, inconvenience, frustration and mental agony with cost of Rs.50,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that she was maintaining a Savings Bank Account No.0306010100015108 with the 1^st opposite party bank, Gopalapuram Branch.  The 1^st opposite party voluntary extended the credit card facility to the complainant vide card No.4197 8910 2050 6793.  The 1^st opposite party also issued add-on credit card in the name of the complainant’s husband Mr. S. Suresh vide card No.4197 8910 2050 6801.  The complainant submits that on 27.12.2015 at about 12.04 p.m. an amount Rs.7,505/- was debited from the credit card No.4197 8910 2050 6793.  The complainant also received a message that an amount of Rs.7,505/- was debited using the complainant’s credit card No. 4197 8910 2050 6793 vide transaction reference code 340368.  The said amount was debited at V3 Marketing Services, New Delhi which is not denied by the opposite party. Immediately on 27.12.2015, the complainant issued an e-mail intimation to the 2^nd opposite party which was accepted by the 2^nd opposite party and forwarded for further action. 

2.     The complainant submits that while debiting the amount of Rs.7,505/- on 27.12.2015, the complainant was at Chennai not in New Delhi and holding the said credit card by herself.  Hence, she blocked both credit cards and the add-on card in the name of her husband, Mr. Suresh on the same day.   The complainant submits that on 22.09.2016, the 1^st opposite party sent an e-mail to the 2^nd opposite party for which, there is no proper response.  The complainant submits that the 2^nd opposite party sent a letter dated:23.06.2017 to the complainant reminding the payment of overdue outstanding amount.  The complainant submits that even after repeated requests and demands through e-mails, the opposite parties has not responded anything and has not taken any steps to re-credit the amount of Rs.7,505/-.  The complainant submits that the opposite parties an amount of Rs.16,303.78 has been withdrawn from the account without prior notice i.e. Rs.500/- dated:15.09.2016, Rs.600/- dated:21.01.2017 & Rs.15,303.78 dated:09.08.2017.  The complainant submits that after debiting a sum of Rs. 15,203.78/- from the Savings Bank Account of the complainant, without any reason, the opposite parties taken steps with the Credit Information Bureau and issued notice for tracing the Savings Bank Account of the complainant which caused serious prejudice and mental agony.   The act of the opposite parties 1 & 2 amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.      The brief averments in the written version filed by opposite parties 1 & 2 is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.   The opposite parties 1 & 2 state that the complainant sent an e-mail dated:27.12.2015, to the Credit Card Division, New Delhi informing that her credit card ending with 6793 has been fraudulently used when the card was in her possession debited a sum of Rs.7,505/- at V3 Marketing Services, New Delhi. On 27.12.2015 at 12.04 p.m., the Credit Card Division replied to the complainant stating that her request have been taken notice of and the same have been taken note of and forwarded to the concerned department.  The opposite parties 1 & 2 state that on 31.12.2015, the complainant filled in the ‘Transaction Dispute Form’ for which, the 2^nd opposite party replied categorically that the transaction done on the complainant’s card and the card details could have been comprised by the complainant herein and the transactions on the internet cannot be carried out without entering the card number, expiry date and the three digit CVV value given on the reverse of the card plastic, besides one VBV password created by the complainant etc.  The opposite parties 1 & 2 state that the complainant has not taken any steps to file F.I.R. and failed to pay the dues of the credit card to the opposite parties.   Hence, the 2^nd opposite party debited a sum of Rs.500/- on 15.09.2016, Rs.600/- on 11.01.2017 and Rs.15,203.78 on 09.08.2017 from the Savings Bank Account of the complainant.   The opposite parties 1 & 2 state that since the complainant has not paid the dues to the opposite parties, this opposite party was constrained to take action and referred the matter to Credit Information Bureau in not clearing the fraudulent transaction of Rs.7,505/- and withdrawal from the Savings Bank Account for the non-transaction period.   Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liability to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and documents Ex.B1 & Ex.B2 are filed on the side of the opposite parties 1 & 2.

5.      The points for consideration is:-

1. Whether the opposite parties 1 & 2 rare liable to reverse the outstanding amount of Rs.16,303/- in respect of the credit card No.4197 8910 2050 6793 with interest at 12% p.a. as prayed for?
2. Whether the opposite parties 1 & 2 are liable to recall the steps taken with the credit Information Bureau as against the complainant as prayed for?
3. Whether the opposite parties 1 & 2 are liable to pay a compensation of Rs.4,00,000/- for mental agony and deficiency in service with cost of Rs.50,000/- as prayed for?

6.      On point:-

Both parties filed their respective written arguments.   Heard their Counsels also. Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that she was maintaining a Savings Bank Account No.0306010100015108 with the 1^st opposite party bank, Gopalapuram Branch.  The 1^st opposite party voluntary extended the credit card facility to the complainant vide card No.4197 8910 2050 6793.  The 1^st opposite party also issued add-on credit card in the name of the complainant’s husband Mr. S. Suresh vide card No.4197 8910 2050 6801.  Further the contention of the complainant is that on 27.12.2015 at about 12.04 p.m. an amount  Rs.7,505/- from the credit card No.4197 8910 2050 6793.  Ex.A1 is the copy of statement of account showing the debit of Rs.7,505/-.  The complainant also received a message that an amount of Rs.7,505/- was debited using the complainant’s credit card No. 4197 8910 2050 6793 vide transaction reference code 340368.  The said amount was debited at V3 Marketing Services, New Delhi which is not denied by the opposite party. Immediately on 27.12.2015, the complainant issued an e-mail intimation to the 2^nd opposite party as per Ex.A2 which was duly accepted by the 2^nd opposite party and forwarded for further action.  But no iota of evidence filed in this Forum to prove what are the actions taken by the opposite parties.  Further the contention of the complainant is that while debiting the amount of Rs.7,505/- on 27.12.2015, the complainant was at Chennai not in New Delhi and holding the said credit card by herself.  Hence, she blocked both credit cards and the add-on card in the name of her husband, Mr. Suresh on the same day.  Further the contention of the complainant is that on 22.09.2016, the 1^st opposite party sent an e-mail to the 2^nd opposite party as per Ex.A3 for which, there is no proper response.  On the other hand, the 2^nd opposite party sent a letter dated:23.06.2017 as per Ex.A4 to the complainant reminding the payment of overdue outstanding amount.  But has not stated anything about the fraudulent  transaction in the credit card account.  

7.     Further the contention of the complainant is that even after repeated requests and demands through e-mails, the opposite parties has not responded anything and has not taken any steps to re-credit the amount of Rs.7,505/-.  But debited a sum of Rs.15,203.78/- from the Savings Bank Account of the complainant under the protest of different charges.   Ex.A6 is the copy of Bank statement.   The learned Counsel for the complainant would contend that as per the Reserve Bank of India Guidelines, the opposite party shall trace out the fraudulent transaction immediately. But as per Ex.A2 & Ex.A3, it is apparently clear that there was an inordinate delay in taking steps i.e. the email dated:27.12.2015 was forwarded to the 2^nd opposite party and reply received only on 22.09.2016 proves the deficiency in service.  Equally, none of the opposite parties has taken any steps to find out the fraudulent transactions in the credit card of the complainant at New Delhi proves the unfair trade practice.  Further the contention of the complainant is that after debiting a sum of Rs. 15,203.78/- from the Savings Bank Account of the complainant, without any reason, the opposite parties taken steps with the Credit Information Bureau and issued notice for tracing the Savings Bank Account of the complainant which caused serious prejudice and mental agony.    Thereafter, the complainant issued a legal notice to the opposite parties 1 & 2 on 28.08.2017 as per Ex.A5 but no response for which from the opposite parties. 

8.     The learned Counsel for the opposite parties 1 & 2 would contend that  admittedly, the complainant sent an e-mail dated:27.12.2015, to the Credit Card Division, New Delhi informing that her credit card ending with 6793 has been fraudulently used when the card was in her possession debited a sum of Rs.7,505/- at V3 Marketing Services, New Delhi. On 29.12.2015, the Credit Card Division replied to the complainant  stating that his request have been taken notice of and the same have been taken note of and forwarded to the concerned department.  But none of the document has been produced before this Forum to prove the same.  Further the contention of the opposite parties 1 & 2 is that on 31.12.2015, the complainant filled in the ‘Transaction Dispute Form’ for which, the 2^nd opposite party replied categorically that the transaction done on the complainant’s card and the card details could have been comprised by the complainant herein and the transactions on the internet cannot be carried out without entering the card number, expiry date and the three digit CVV value given on the reverse of the card plastic, besides one VBV password created by the complainant etc.  But the opposite parties; the authority of the credit card and banking transaction, even after all investigation has not traced out where, how and what are the CVV, VBV password etc applied in order to debit Rs.7,505/- proves the deficiency in service.  

9.     Further the contention of the opposite parties 1 & 2 is that the complainant has not taken any steps to file F.I.R. and failed to pay the dues of the credit card to the opposite parties.   Hence, the 2^nd opposite party debited a sum of Rs.500/- on 15.09.2016, Rs.600/- on 11.01.2017 and Rs.15,203.78 on 09.08.2017 from the Savings Bank Account of the complainant as per Ex.B1;  Knowing fully well that there was a fraudulent transaction of Rs.7,505/- and credit card transactions were blocked proves the unfair trade practice.   Further the contention of the opposite parties 1 & 2 is that since the complainant has not paid the dues to the opposite parties, this opposite party was constrained to take action and referred the matter to Credit Information Bureau as per Ex.B2; without clearing the fraudulent transaction of Rs.7,505/- and withdrawal from the Savings Bank Account for the non-transaction period.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 & 2 shall pay a sum of Rs.16,303/- and a compensation Rs.10,000/- for mental agony with cost of Rs.10,000/- to the complainant.                                      

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.16,303/- (Rupees Sixteen thousand three hundred and three only) and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 12^th day of September 2019. 

 

MEMBER                                                                                PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	08.01.2016	Copy of statement of  credit card
Ex.A2	27.12.2015	Copy of complainant’s mail to the 2nd opposite party
Ex.A3	22.09.2016	Copy of 1st opposite part’s mail to the 2nd opposite party
Ex.A4	23.06.2017	Copy of 2nd opposite party’s letter to the complainant
Ex.A5	28.08.2017	Copy of legal notice to the opposite parties 1 & 2 with acknowledgement card
Ex.A6		Copy of complainant’s bank statement

 

OPPOSITE PARTY SIDE DOCUMENTS:-  

Ex.B1	26.03.2018	Copy of Statements of accounts
Ex.B2		Copy of credit card transactions of the complainant

 

 

MEMBER                                                                                                                                                           PRESIDENT