For the Complainant                      -Mr. Sikandar E Azam, Advocate

For the OPs   2 & 3                          -  Miss Asha Ghosh, Advocate

FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

The brief facts of the case are that the complainant is the holder of the Current Account being No. 4342000100206401 with the OP-1 Karnataka Bank Ltd. and also obtained a credit card being No. 4377 4848 5401 8726 from OP-2 SBI Credit Card. Complainant had operated the said credit card for purchasing a mobile set from M/s Shivam Telecom, Kolkata but payment of Rs. 7,000/- was not credited to the account of M/s  Shivam Telecom though such amount was debited from his account. The matter was reported to OP-3 against reference No. 130093647974. The OPs 2 & 3 assured the complainant that such amount of Rs. 7,000/- to be credited to his Current Account shortly. Ultimately, said illegal transaction was not credited rather the OPs 2 & 3 asking for payment of Rs. 7,000/- along with interest thereon. Finding no other alternative, complainant filed the instant consumer case claiming refund of unauthorized transaction amount along with compensation and litigation cost.

The OP-1 did not opt to contest the case. Thus, the consumer case has been proceeded ex parte against OP-1.

OPs 2 & 3 have contested the consumer case by filing WV contending inter alia, that the instant case is not maintainable either on facts or in law. The specific case of the answering OPs is that they issued SBI Card bearing No. 0004377484854018796  to the complainant and a sum of Rs.7,140/- was debited through the said card in favour of M/s Shivam Telecom, Kolkata on 25.09.2017. The investigation agency of the answering OPs found that the aforesaid transaction was done through card in presence of the complainant. The disputed transaction took place on 25.09.2017 but dispute was raised on December 04, 2017. Complainant filed the case without implicating M/s Shivam Telecom, Kolkata as party to the instant consumer case. There is no deficiency in service on the part of the OPs. Accordingly, the answering OPs have prayed for dismissal of the consumer case with exemplary costs.

The brief point that falls for consideration in this consumer complaint whether there was any deficiency in service on the part of the OPs 2 & 3 and the complainant is entitled to restore the unauthorized transaction as alleged?

Decision with Reasons

Complainant has tendered E/chief through affidavit. OPs 2 & 3 did not tender E/chief despite opportunity given to them. Even the OPs 2 & 3 did not participate in the final hearing. Complainant has also filed BNA. We have examined the entire material on record and also given a thoughtful consideration to the argument advanced before us.

Fact remains that complainant is the holder of a Current Account  being No.

4342000100206401 with the OP-1 Karnataka Bank Ltd. and also obtained a Credit Card being No. 4377 4848 5401 8796 from OP-2 SBI Card. The grievance  of the complainant is that he had operated the said credit card for purchasing a mobile set (Samsung J2) from M/s Shivam Telecom, payment of Rs. 7,000/- was not credited to the account of said Merchant but surprisely such amount was debited from his credit card. Complainant lodged a complainant to the OP-3 over telephone. It is indeed strange that, the complainant did not mention the phone No. through which said call was made to the OP-3 and the date of complaint. We find that nowhere in the consumer complaint, the complainant mentioned his contact No. or date of lodging complaint to the OP-3 about the alleged incident. Despite this, complainant failed to produce any scrap of paper to establish that he agitated his grievance in writing to the OP-3 except the legal notice dated 16.04.2018. Further, the complainant has no given any satisfactory  explanation as to why he did not disclose the telephone No. through which complaint was lodged and the date of reference number 130093647974. The OPs have claimed that their investigation revealed that transaction dated 25.09.2017 for Rs. 7,140/- was made through the credit card No. through the credit  card No. 4377 4848 5401 8796 in favour of M/s Shivam Telecom. The said credit card was in the custody of the complainant throughout, probability of unauthorized  transaction was next to impossible. It is also quite surprising that a miscreant would indulge in unlawful activities for such a small amount. By filing statement of accounts of M/s Shivam Telecom does not prove that Rs. 7,140/- was not credited to their account. M/s Shivam current account in different bank except the OP-1 Karnataka Bank Ltd., there can be no manner of doubt that the complainant had acted promptly in a prudent manner though the disputed transaction took place on 25.09.2017.

On the basis of foregoing discussion, we do not find any merit in the instant consumer case.

Thus, the consumer case is liable to be dismissed.

Hence,

Ordered

That the consumer case be and the same is dismissed ex parte against OP-1 and also dismissed on merit against the OPs 2 & 3 with no order as to costs.