COMPLAINT FILED: 27.07.2009<br /> DISPOSED ON: 06.09.2010 <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 6TH SEPTEMBER 2010<br /> <br /> <br /> PRESENT:- SRI. B.S. REDDY PRESIDENT<br /> <br /> SMT. M. YASHODHAMMA MEMBER <br /> <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1767/2009<br /> <br /> <br /> COMPLAINANT Mr. Vikas Kumar Modi,<br /> S/o Sri Shankarla Modi,<br /> No.15, 8th Cross Road, H.Siddaiah Road,<br /> Annipura Main Road,<br /> Bangalore – 560 027. <br /> <br /> Advocate: Sri. K.H. Jagadish <br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTIES 1. The Chairman,<br /> ICICI Bank,<br /> ICICI Bank Towers,<br /> Bandra Kurla Complex,<br /> Mumbai – 450 051.<br /> <br /> 2. The Manager,<br /> ICICI Bank,<br /> No.20, Langford Road,<br /> Bangalore – 560 027. <br /> <br /> Advocate: Sri. Mahabaleshwar<br /> O R D E R<br /> <br /> SRI. B.S. REDDY, PRESIDENT<br /> <br /> <br /> The complainant filed this complaint U/s. 12 of the Consumer Protection Act of 1986, seeking direction against the Opposite Parties (herein after called as O.Ps) to pay an amount of Rs30,129/- with interest at 24% p.a. and compensation of Rs.60,000/- on the allegations of deficiency in service on the part of the OPs. <br /> <br /> 2. In the complaint it is stated that the complainant had taken credit card from OP – Bank and was using the same; he has paid all the dues within the stipulated time by virtue of cheques. He is also having a SB Account in OP-2 – Bank. On 05.08.2008 the complainant lost his credit card. Immediately he had informed the OP – Bank’s customer care to freeze the credit card. When the complainant received the statement for the month of August 2008 he found that even after 05.08.2008 some entries are made. Due to the negligence of the OP – Bank employees the card was swiped by the third parties. OP – Bank on 20.04.2009 has debited Rs.30,129/- from the complainant’s SB Account without instructions from the complainant. That amount of Rs.30,129/- is the amount the third parties has swiped after the complainant has lost his credit card on 05.08.2008. The complainant had kept the amount of Rs.30,129/- in his SB Account for the payment of loan amounts and mutual funds installments. Because of OP-2 allowed swiping of the amount of Rs.30,129/- without the complainant’s permission and instructions, the cheques given in regard to loan amounts and mutual funds are bounced. After the cheques were bounced; the complainant because of recession and poor cash flow was not able to pay amount due and because of that his reputation is hurt in the eyes of certain people. The complainant got issued legal notice on 09.06.2009; calling upon OPs to pay the amount with interest, but OP – Bank has neither paid amount nor replied the notice. Hence the complainant was advised to file this complaint seeking necessary reliefs. <br /> <br /> 3. On appearance, OPs filed version contending that the complaint filed by the complainant is neither maintainable in law nor on merits, same is liable to be dismissed. At the time of availing the credit card, the complainant has signed credit card application and terms and conditions governing the said credit card transaction. The credit card transaction is governed the terms agreed upon; he cannot seek the remedy before this Forum. Entries in the system are not made by the OP – Bank. Immediately after purchase the merchant establishments on swiping the credit card; the said transactions are reflected with the Master or Visa Franchise as the case may be and data are entered thereby. Hence the purchases with the merchant establishment cannot happen without swiping the credit card. It is presumed that merchant has verified the card and card holder and permitted them to swipe the card. Thereafter the swiping the entries were entered in the system. Hence the allegations that the disputed purchases are not made by the complainant cannot be accepted. It is denied that the complainant had intimated the OP about the loss of credit card on 05.08.2008 itself. He has not filed any police complaint about the alleged fraudulent transactions; it was the duty of the complainant to carefully keep and use the said card; he had failed to take care of the same; he shall be blamed for the misuse of the same, if misused by the third parties. OPs have as a matter of right have marked the lien on the SB Account of the complainant. The complainant has not initiated any action against the merchant establishment which has swiped the card even today. Hence it is prayed to dismiss the complaint. <br /> <br /> 4. The complainant filed affidavit evidence to substantiate the complaint averments. The official of the OPs filed affidavit in support of defence version and produced documents and produced documents. <br /> <br /> 5. Arguments on both sides heard. Points for consideration are: <br /> <br /> Point No.1:- Whether the complainant proved<br /> deficiency in service on the part of <br /> the OPs? <br /> <br /> Point No.2:- Whether the complainant is entitled for<br /> the relief’s now claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> 6. We record our findings on the above points: <br /> <br /> Point No.1:- Negative.<br /> <br /> Point No.2:- Negative. <br /> <br /> Point No.3:- As per final Order. <br /> <br /> <br /> <br /> R E A S O N S<br /> <br /> 7. At the out set it is not at dispute that the complainant had taken a credit card from OP-Bank bearing No.4477 4753 3625 6006 and was using the same by making payments of all the dues within the stipulated time. The complainant is also having SB account bearing No.026901507233 in the OP-2 bank. The complainant claims that on 05.08.2008 he had lost his credit card, immediately he informed the OPs customer care center (complaint No.32530209) and had asked the OP to freeze / disconnect the credit card immediately. After the complainant lost his credit card the same has been used by some third party subsequently, on account of the same total amount due in the credit card account of Rs.30,129/- was debited to the SB account of the complainant. The complainant has not produced any material to show that on 05.08.2008 soon after he lost his credit card, complaint was lodged with the customer care of OP in complaint No.32530209. In case if such a compliant was filed, for the subsequent credit card transaction OP-bank could have been held responsible. <br /> <br /> 8. OPs denied the fact of complainant having intimated about the loss of credit card on 05.08.2008. On the other hand OPs produced the details pertaining complaint No.32530209 with memo on 13.04.2010. As per the said particulars the complaint No.32530209 is filed by one Deepti Mudaliyar on 27.07.2007. Therefore it cannot be accepted that the complainant informed the customer care of OP about the loss of credit card in complaint No.32530209. Without there being any intimation / complaint to the OP-bank regarding the loss of credit card, OP cannot be held liable for the transactions that had taken place, subsequent to the loss of credit card. The complainant even has not made the merchant establishments where the said card was swiped as parties to the proceedings and no police complaint is lodged with regard to loss of credit card. <br /> <br /> 9. From the defence version it becomes clear that the disputed transactions are not made through e-mails; purchase made with merchants establishments cannot happen without swiping the credit card. Therefore on purchase, it is presumed that merchant had verified the card and card holder permitted to swipe the card. Even assuming that the third parties misused for the credit card of the complainant with merchant establishments, the complainant is liable to clear the amount in his credit card account. As per the terms and conditions agreed upon by the complainant while taking the credit card from OP, he ought to have given complaint before the police with regard to any fraudulent transaction and should have intimated the bank to block the credit card. The complainant has neither intimated the OP-bank regarding the loss of credit card nor filed any police complaint. OPs have marked the lien on the SB account of the complainant. In exercising that right the amount due towards credit card transaction was debited to the SB account of the complainant to on extent of Rs.30,129/-. Therefore it cannot be said that OPs without having any right withdrawn the said amount from the SB account of the complainant. Under these circumstances we are of the view that the complainant failed to prove the deficiency in service on the part of the OPs, the complaint is devoid of merits, the same is liable to be dismissed. Accordingly we proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is dismissed. In view of the nature of dispute no order as to costs. <br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 6th day of September 2010.) <br /> <br /> <br /> PRESIDENT<br /> <br /> MEMBER MEMBER <br /> <br /> Snm:<br /> <br /> <br />