Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : None
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Date of filing of the case :05.01.2023
Date of Disposal of the case : 06.07.2023
Final Order / Judgment dtd.06.07.2023
Complainant above named filed this complaint u/s 35 of Consumer Protection Act, 2019 against the aforesaid opposite parties praying for direction upon them for immediate close of Credit Card of the complainant, refund of amount of fraud transaction amounting to Rs.58,279/-, compensation amounting to Rs.1,00,000/-, litigation cost amounting to Rs.25,000/- and other reliefs.
He alleged that he has a savings bank account vide no.50100271771593 before the OP NO.1 and he issued one Credit Card in favour of the complainant vide no.652850XXXXXX0314. In the midnight of a night an amount of Rs.58,279/- has been deducted from the credit card account of the complainant and transferred the same in favour of the TITAN Company Limited by fraud without any involvement of the complainant and without sharing any OTP by the complainant. Complainant has shocked and immediately on the same day sent SMS for the blocking the card and also sent an e-mail through digital banking dispute form to the cc.disputes@hdfcbank.com. Thereafter, on 12.12.2022 complainant received one reply wherein it has mentioned that the transaction of Rs.58,279/- dated 08.12.2022 at M/S TITAN Company Limited incurred on HDFC Credit Card account of complainant with respect to his query regarding fraud transaction , their records shows that the said transaction is currently on hold on complainant’s credit, and blocking the Credit Limit. The amount has not been debited to the complainant’s credit as the merchant has up to 8 days to process the transaction. If the transaction is debited by the merchant bank they will take it up for investigation. If there is no debit receipt within the 8 days from merchant complainant’s Credit limit will be restored for this transaction. They assured that they will do their best in resolving complainant’s concerned to his satisfaction.
Aforesaid matter is a Cyber fraud. Complainant has lodged a complaint to the Cyber Crime Police Station vide Diary No.141 dated 17.12.2022 but police authority has not taken any steps till today. On 24.12.2022 complainant received second reply from OP No.1 stating that OP No.1 has looked into the matter on 27.12.2022. One further e-mail was sent and complainant was asked to supply screen shot of the same. On 28.12.2022 complainant has sent the screen shot regarding the said fraud transaction and on the same day. OP No.1 has sent a reply e-mail. On 29.12.2022 OP No.1 rejected the claim of the complainant.
From the statement of the said Credit Card account dated 23.12.2022 collected by the complainant and it has been shown that the alleged transaction
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has been committed through Credit Card vide no.652850XXXXXX0314 and complainant has to pay the same. Complainant has sent several e-mails regarding the aforesaid alleged fraud transaction to the OP No.1 and OP NO.1 assured that they would take necessary action in this regard and further asked the complainant to wait but ultimately complainant did not get any fruitful result. Hence the complainant filed this case.
On perusal of record, we find that case is running ex-parte against OP No.1 & 2 vide order dated 16.03.2023.
Trial
During trial complainant filed affidavit in chief.
Documents
Complainant produced the following documents viz :
- Xerox copy of statement of Credit Card of HDFC Bank dtd. 23.12.2022.........(Three sheets)
- Printed copy of E-mail of authorised payment details dtd.08.12.2022.......(One sheet)
- Digital Banking Dispute Form………(Two sheets)………(Xerox)
- Printed copy of reply of fraud payment details by e-mail dtd. 12.12.2022......(Two sheets)
- Printed copy of reply of fraud payment details by E-mail dtd.24.12.2022.........(Two sheets)
- Printed copy of reply of e-mail dtd. 27.12.2022.........(Two sheets)
- Printed copy of reply of e-mail dtd. 28.12.2022..........(Three sheets)
- Xerox copy of reply of e-mail dtd. 29.12.2022........(One sheet)
- Printed copy of complaint e-mail and reply of HDFC Bank dtd. 29.12.2022 & 31.12.2022.....(Two sheets)
10)Xerox copy of receipt of cyber crime police station dtd. 17.12.2022.........(One sheet)
11)Xerox copy of letter issued by complainant to Officer in charge, cyber crime Police Station dtd. 17.12.2022..............(One sheet)
12) Xerox copy of document of HDFC Bank dtd. 02.01.2023.........(One sheet)
13) Printed copy of Phone message details dtd. 08.12.2022.........(One sheet)
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Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint, documents filed by the complainant, affidavit in chief filed by the complainant and BNA filed by the complainant. We have considered these documents.
In the present case complainant filed affidavit in chief. OP No.1 & 2 not yet appeared in this record nor filed W/V.
Accordingly, we find that aforesaid affidavit in chief is nothing but unchallenged testimony. We do not find any reason to disbelieve the same.
On perusal of statement of aforesaid Credit Card of the complainant collected through internet. We find that on 08.12.2022 transaction has made in favour of Titan Company Limited, Bangaluru for the amount of Rs.58,279/-.
On perusal of screen shot of message produced through print out before this Commission. We find that on 08.12.2022 complainant sent a message and requested for block of the card.
On perusal of digital banking dispute form submitted by complainant relating to complaint in respect of aforesaid transaction, we find that complainant clearly stated that a fraud transaction has made relating to his Credit Card in respect of Rs.58,279/- which has transferred in favour of merchant namely Titan Company Limited.
On perusal of reply e-mail dated 12.12.2022, we find that P. Madhumita, officer, Credit Card correspondence sent the said e-mail to the complainant. In the said e-mail he acknowledged the complaint of the complainant relating to his Credit Card in respect of transaction amounting to Rs.58,279/-. She stated that said transaction has not yet been completed. She also stated that said transaction has kept in currently on hold. It has further stated that amount has not yet been debited from the card of the complainant as the merchant has up to 8 days to process the transaction. It has also stated that if the transaction is debited by the merchant bank then they will take it up for investigation. But curious enough that in spite of such e-mail reply bank authority that is OP No.1 & 2 deducted the disputed amount of Rs.58,279/- from the Credit Card account of the complainant dated 08.12.2022.
On 24.12.2022 P. Madhumita, officer, Credit Card correspondence of HDFC Bank sent a reply to the complainant and assured him that the
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query raised by him are being looked into on top priority. They had forwarded the query to the concerned department and same is under review. She further assured that they will respond the complainant with details before 29.12.2022.
On 27.12.2022 Officer Credit Card correspondence sent a reply to the complainant and stated that they observed from their records that the said transaction was accomplished on a secured merchant cite using secured login ID and Password which would be known only to the card holder and the transaction has been incurred towards jewellery. They advised the complainant to submit screen shot relating to disputed transaction. Complainant gave a reply through e-mail on 27.12.2022 that he has not made any purchase online or anything from his Credit Card. He also sent another e-mail to the OP No.1 & 2 on 28.12.2022 and stated that he has not spent his money and it has been fraud with him.
On 28.12.2022 they stated that aforesaid transaction was incurred by an authorised person and hence transactions remained payable on the card account. As per the said reply they closed the matter. On 29.12.2022 one reply has been given on behalf of OP NO.1 & 2 in favour of the complainant and by the said reply complainant has asked to move before Grievance Redressal Office of HDFC Card Division.
On perusal of reply mail, we find that complainant gave reply on 29.12.2022. OP No.1 & 2 gave the reply dated 31.12.2022 and stated that aforesaid transaction was incurred by an authorised person and hence the transaction remained payable on the card account.
On perusal of complaint lodged before Cyber Crime Police Station, we find that complainant lodged the complaint before them on 17.12.2022 and they diarised the matter vide diary no.141 dated 17.12.2022.
From the aforesaid discussion, it is clear before us that complainant stated that they did not make the said transaction and for that reason he is not liable for the aforesaid amount of Rs.58,279/-. He made series of mail before the banking authority but they at first gave assurance for proper investigation of the matter but lastly stated that aforesaid transaction has made by authorised person. OP No.1 & 2 not yet appeared in this record nor filed W/V. So we are unable to hear their version in respect of the aforesaid transaction. It was their duty to establish before this Commission by sufficient documents and evidence that aforesaid transaction was made by the complainant himself. But they after receipt of the notice of this Commission remain silent.
In this situation, we have no other alternative but to believe the documents of the complainant, affidavit in chief of the complainant and argument of the complainant.
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In this Context, we have carefully gone through the RBI Rules, we find that it has been stated in the said Rule that the customer will have zero liability when the unauthorised transaction due to contributory fraud or negligence or deficiency of service on the bank’s part. The customer will enjoy zero liability under this even if he/she fails report the transaction to the bank.
In this context, we have carefully gone through the decision of Hon’ble SCDRC Punjab and Haryana in Manager, customer service SBI Cards and Payment Services Pvt. Ltd. DLF infinity tower Vs. Vishal Sabharwal held on 26.08.2019. We find that Hon’ble SCDRC, Punjab and Haryana held:-
6. For the reasons recorded above, we concur with the findings given by the Forum in its judgment and are of the considered opinion that the Forum rightly directed the appellant opposite party No.4 to reverse an amount of Rs.39,999/- in the credit card account of the complainant against the unauthorised transaction and also credit an amount of Rs.5,000/- in the said account towards litigation expenses.
We have carefully gone through another decision passed by the Hon’ble NCDRC dated 13.03.202020 in Chairman Punjab National Bank and others Vs Leader valves limited.
We find that Hon’ble NCDRC held:-
12. The second fundamental question that arises is whether the bank is responsible for an unauthorised transfer due to any virus or hacking in the Bank’s computerised system. The answer, straightway, to this question also is in the affirmative. If an account is maintained by the bank, the bank itself is responsible for its safety and security. Any systematic failure, due to any virus or hacking in its computerised system, is its responsibility, and not of the consumer.
In view of the aforesaid discussion and in view of the aforesaid decisions, it is clear before us that customer himself has no responsibility in respect of any unauthorised transaction.
In the present case complainant immediately lodged the complaint within very short period and bank authority assured that transaction is on hold but subsequently they rejected the claim of the complainant.
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We have stated earlier that OP No.1 & 2 did not come forward before this Commission in spite of service of notice and we are unable to hear their contention whether complainant has made the aforesaid transaction or not.
Moreover, on careful consideration of the documents on record, we find that complainant immediately lodged the matter of unauthorised transaction before the banking authority but they did not take proper steps. They did not take any steps to provide justice to the complainant.
Accordingly, we find that complainant has no responsible for the aforesaid transaction.
On careful perusal of petition of complaint and documents on record, we find that no doubt, complainant is a consumer and OP No.1 & 2 are the service provider.
Having regard to the aforesaid discussion, we are of the firmed view that complainant has established his grievance against the OP No.1 & 2 and he is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP NO.1 & 2 with cost of Rs.5,000/-(Rupees five thousand) to be paid by the OP NO.1 & 2 in favour of the complainant.
OP No.1 & 2 jointly or severally are directed to reverse the aforesaid amount of Rs.58,279/- (Rupees fifty eight thousand two hundred seventy nine) in the Credit Card Account of the complainant against the aforesaid unauthorised transaction.
OP No.1 & 2 jointly or severally are directed to pay compensation amounting to Rs.20,000/- (Rupees Twenty thousand) in favour of the complainant within one month from this day.
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OP No.1 & 2 jointly or severally are directed to comply this order within one month from this day failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
