Smt. Shampa Ghosh, Hon’ble Member:-

The fact of the case in brief is that the complainant is customer of SBI, Diamond Harbour Branch vide A/C. No.30658858388 and on 15.11.2017 a credit card was issued by SBI credit card authority vide card no 472642758449820. Complainant stated that he never activated the credit card, but SBI Bank authority continuously deducted money from his joint A/C SBI A/C No.30658858388 at Diamond Harbour Branch, South 24 Parganas. On 25.08.2021 complainant received a mobile message demanding Rs.1,30,821/- (Rupees One lakh Thirty Thousand Eight Hundred and Twenty One) from SBI Credit Card Authority, after deducting Rs. 62,082/- (Rupees Sixty Two Thousand and Eighty Two) from his Bank A/C of SBI, Diamond Harbour Branch. The complainant stated that he never used the credit card and did not scratch the pin or purchased any material using that credit card. The Complainant issued advocate notice to the SBI Credit Card Authority, Diamond Harbour Branch on 19.04.2021. But the Bank Authority did not take any action. On 08.09.2021 Complainant went to the Central Consumer Grievance Redressed Cell, 11/A Mirza Ghalib Street but SBI Credit Card Authority did not co-operate. Finding no other alternative the complainant filed instant complaint case on the reliefs sought for in the petition of the complaint.

OP No-2 did not come forward to contest this case by filing W.V. As such by order No-4 dated 08.07.2022 the instant complaint case was declared to be proceeded ex-parte against OP No-2.

OP No-1 contested the case by filing W.V.

OP No-1 stated that OP-1 had issued SBI card bearing no 4726427584498240 to the complainant on the basis of the receipt which was duly filled in the application form by the complainant and the complainant had received the aforesaid card being no 47264227584498240 in the month of November 2017. OP stated that the complainant had disputed the transaction amount Rs 1,30,821/- on August 28, 2021. After receiving the complaint made by the complainant, an investigation was made by the OP No-1. After completion of investigation it was found that the said transaction was online transaction which was reflected in the statement dated July 5^th, 2020 (On 18.06.2020 Rs.47,800/-, on 22.06.2020 Rs. 43,099/- and Rs.10,000/-). Bank statements shows that Rs 1,00,899/- was online shopping. OP No-1 stated that the complainant was advised to pay total amount due as per monthly statement to avoid any charges or have the option to pay at least minimum amount due to avoid late payment charges. The process continues till the complete outstanding is cleared. In case payments are missed or outstanding on the card is received less than the total due, the interest charged on the balance amount. This is applicable on all the fresh charges incurred in the same month.  The finance charges will be levied at 3.35% per month plus service tax as per applicable charges. Complainant authorized the bank for auto debit payment at the time of card application for realization of the card outstanding. But the auto debit payment were bounced at regular interval as such incremental charges were levied as per policy. Bounce payment were mentioned in the statement of OP No-1. Since the outstanding amount was not received the Auto sweep (hence forth) was activated. The SSP option states that in absence of the payment on the SBI card account for more than three days from payment due date the Bank being OP no-2 to debit the minimum amount from their given Bank account at the time of card application. OP No-1 denied all the allegations. OP no-1 prays before the commission to dismiss the complaint against the opposite parties.

Points for consideration :-

1. Is the complainant a consumer?
2. Are the OPs guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

Decisions with reasons :-

Points No.1 :-

On perusal of the case record along with the copies of documents, it appears that the complainant is an account holder of the OP bank. Complainant has an account of SBI, Diamond Harbour branch A/C no-30658858388. One credit card was issued by SBI credit card authority dated 15.11.2017 vide card no-4726427584498240. Therefore there is no doubt that the complainant is a consumer u/s 2(7) of the consumer protection act, 2019.

As such, the 1^st point is decided in favour of the complainant and against the OPs.

Points No.2 & 3 :-

Both the points are taken up together for the sake of convenience and as they are interlinked.

Complainant is a customer of SBI, Diamond Harbour Branch. On 15.11.2017 a credit card was issued by SBI credit card Authority. The authority of SBI Credit card demanding an amounting of Rs.1,30,821/- through mobile message dated 25.08.2021 after deducting Rs 61082 from the complainants A/C of SBI Diamond Harbour Branch. But the complainant did not scratch the pin and never used the credit card or purchased any materials using the credit card. 

The complainant had disputed the transaction amounting to Rs.1,30,821/- on August 28, 2021. After the complaint made by the complainant, the opposite party investigated and after investigation it was found that online transaction was done by the complainant through online. Bank statement also shows the transaction of Rs.1,00,899/- was online transaction shopping by the complainant himself. The complainant has opted the auto debit payment at the time of the card application for realization of the card outstanding. The auto debit payments were bounced at regular intervals as such incremental charges were levied as per policy. Bounced payments were mentioned in the statement at OP No-1. Since the outstanding amount was not received the auto sweep (hence forth SSP) was activated. The SSp option states that the absence of the payment of SBI card account for more than 3 days from payment due date, the Bank being the OP-2 to debit the minimum amount from their given bank account.

It is clear from the above that OP Bank has no deficiency in service. OP Bank has issued the said card to the complainant on the basis of receipt of duly filled application form and due to non-payment of the outstanding amount SSP payment was activated.  So there is no unfair trade practice. In case of online transaction for majority of credit card a pin is not necessary, but in India Credit Card transaction cannot be completed without OTP and it is sent to registered mobile number. Complainant did not mention any where whether he has received OTP or not.

The complainant did not file the complaint within the stipulated time. Customers have three days time to report about a fraudulent transaction to their Bank. We find no deficiency  in service on the part of Bank authority.

In the result complainant case fails.

Hence it is,

ORDERED

that the instant complaint case be and the same is dismissed on contest.

There is no order as to cost.

Let a copy of this order be supplied free of cost to the parties concerned.

That the final order will be available in the following website:www.confonet.nic.in.

Dictated and corrected by me.

                  Member