Date of Filing: 04/08/2011

        Date of Order: 18/08/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated: 18^th DAY OF AUGUST 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO. 1444 OF 2011

Sri.Sudeep Punnathanam,

S/o. P.R. Neelakantan Nampoothiri,

Aged About 35 years,

R/at: No. DV-18, Vijnanapura Campus,

Opp. I.S.R.O., Head Quarters,

New BEL Road, RMV 2^nd Stage,

Bangalore-560 094.

(Rep. by Advocate Sri. Lohith.M.)                                                     Complainant.

-V/s-

(1) The Manager,

SBI Cards & Payment Services Pvt. Ltd.,

DLF Infinity Towers, Tower-C,

12^th Floor, Block-2, Building 3,

DLF Cyber City,

Gurgoan-122 002 (Harayana), India.

(2) The manager,

M/s. Oberoi Freight Carrier,

(Bharat Petroleum),

Kenchanaguppe Gate,

Bidadi, Mysore Road,

Ramanagar District.

(3) The Manager,

M/s. Sena Petroleum,

(Indian Oil), Sheshagirihalli,

Bidadi, Mysore Road,

Ramanagar District.                                                                    Opposite parties.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

ORDER

            The brief antecedents that lead to the filing of the complainant made Under Section 12 of the Consumer Protection Act, seeking direction to the opposite parties to pay a sum of Rs.94,335/-, are necessary:-

            The complainant is the credit card holder of the first opposite party bearing No. 5101 2869 2525 9998.  The complainant had possessed many ATM cards which were kept in his valet.  On 07.05.2009 when the complainant was checking monthly bills of his credit cards in the internet, during the night, he realized that he lost the said credit card issued by the first opposite party.  On 04.05.2009 three unauthorized purchases worth Rs.21,418.40 were made through the said credit card from the second and third opposite parties petrol pumps.  The complainant had not made the said transactions.  The complainant had lost the credit card on 03.05.2009.  On 08.05.2009 the complainant lodged a complaint with the police who registered a criminal case No.307/2009.  The complainant made several correspondences with the first opposite party by e-mails etc.,.  The second and third opposite parties admitted the transactions and the police have recorded their statements.  The opposite party No.1 who had the signature would have verified the same but he has not done so.  The opposite party No.1 insisted payment of the amount.  The complainant paid the amount to the opposite party No.1, that is Rs.44,335/- and now he is seeking the refund and compensation.

2.        Heard.

3.        The points that arise for our consideration are:-

1. Whether there is prima facie case of deficiency in service on the part of the opposite party No.1?
2. What order?

4.        Our findings on the above points are:-

            Point (A):In the Negative

Point (B):As per the final order

For the following:-

REASONS

POINT (A) & (B):-

5.        Reading the complaint in conjunction with the documents on record, it is seen that, the complainant is the credit card holder bearing No. 5101 2869 2525 9998 of the first opposite party.  The first opposite party is at Gurgoan in Haryana State.  When the credit card has been issued by the first opposite party at Gurgoan and transaction was done at Gurgoan then how can this Forum had territorial jurisdiction to entertain this complaint.  There is no answer.  The complainant never stated in the complaint anything with respect to the jurisdiction of the Bangalore Urban District Consumer Forum.  This complaint is filed in the Bangalore Urban Principal District Consumer Disputes Redressal Forum, Cauvery Bhavan, Bangalore, and not in the Bangalore Rural District Consumer Disputes Redressal Forum.  This complaint is made over to this Forum by the Bangalore Urban Principal District Consumer Forum and filed at Bangalore Urban Principal District Consumer Disputes Redressal Forum, Cauvery Bhavan, Bangalore.  Hence this Forum has no jurisdiction.

6.        Here the opposite party Nos. 2 and 3 are in the Ramanagara District.  Hence if any cause of action is there it is at Ramanagara, then the complainant could file the complaint at Bangalore Rural District Consumer Disputes Redressal Forum directly that has not been done.  The complaint is filed at Bangalore Urban Principal District Consumer Disputes Redressal Forum, Cauvery Bhavan, Bangalore.  Hence this forum has no jurisdiction to entertain this complaint.

7.        Even otherwise the complainant is the credit card holder of the first opposite party.  The main grievance is that the complainant had lost the credit card and the three transactions were made by the fraudster on 04.05.2009 which is not done by him.  The amount recovered by the first opposite party has to be refunded to him.  Here the complainant had lodged a complaint to the police on 08.05.2009.  The said complaint reads thus:-

My name is Sudeep Punnathanam.  I am an owner of an SBI credit card (Card No.5101 2869 2525 9998, I have lost this credit card on Sunday May 3, 2009.  Subsequently, unauthorized purchases worth Rs.21,418.40 has been made on my credit card.

            Hence, I would like to file a complaint for the lost credit card.  I kindly request you to investigate this matter and take appropriate action.

            My residential address and contact information is given below

DV-18, Vijnanapura Campus,

Opp. I.S.R.O. Head Quarters,

New BEL Road, RMV 2^nd Stage,

Bangalore-560 094.

My residential and mobile phone number are as follows

23415946 – Residence

9480525946 – Mobile

I am currently working as an Assistant Professor at the Indian Institute of Science.  My office address and phone number is as follows

Department of Chemical Engineering

Indian Institute of Science

Bangalore-560 012.

Ph:- 22933109.

That is to say on 08.05.2009 he came to know that three transactions were done on 04.05.2009 then why he had not given the complaint on 03.05.2009 or 04.05.2009 there is no answer.  How can he say that the credit card is lost on 03.05.2009?  As the transaction was made on 04.05.2009 he has antedating the theft or loss on 03.05.2009.  If the credit card is lost on 03.05.2009 and if it is used by some fraudster according to the complainant then how can the opposite parties be hold responsible?

8.        Immediately when the complainant has lost the credit card he could have informed it to the first opposite party in this regard. But he has lodged a complaint to the police on 08.05.2009.  But on 11.05.2009 he has lodged a complaint with the credit card division of the first opposite party.  The said letter reads thus:-

            I am a holder of an SBI Gold credit card (No.5101 2869 2525 9998).  On May 3, 2009 I lost this credit card.  The last authorized transaction made by this credit card was purchase of petrol worth Rs.1025.00 from Suhaas Fuel, New B.E.L. Road, Bangalore-560 094.

            I realized that I have lost my Credit Card on Thursday May 8^th, 2009 around 10 pm and blocked my card immediately.  Subsequently, I came to know that the following unauthorized transactions were made using my card.

            I would like to kindly request you to make investigations regarding the unauthorized transactions and help me in this matter.

            I have attached a copy of the transactions made in this month.  Please make arrangements to do the needful.

That means the complainant has informed the loss of the credit card to the opposite party No.1 only on 11.05.2009 that is eight days after the alleged loss.  In that event, how can the opposite party No.1 is liable to pay any amount?  It is the negligence of the complainant in losing the credit card and nobody is responsible for it.  If the complainant had lost the credit card and informed it to the first opposite party and got the credit card blocked and after the blocking if any transaction has took place and the first opposite party had honoured the credit card then there will be negligence not otherwise.  Here information given to the first opposite party is on 11.05.2009 after loss of the credit card and after the transaction took place on 04.05.2009.  Hence it is his own wrong, he has to suffer for it and opposite party No.1 is not liable to pay for it.

9.        Further the statement of the opposite party No.2 recorded by the police clearly goes to show that two transactions took place; transaction has been made by the credit card holder with opposite parties and opposite party No.2 could not recognize the person who did that transaction.  In the on the petrol bunk the credit card has been used by swiping the credit card on 04.05.2009 and the statement of the owner and the cashier were recorded on 26.08.2009.  How can the opposite party No.2 or his manager Prasanna kumar could recognize the person or give the details of the person who swiped the credit card.  The credit card has been taken, it has been swiped and gone then how can the opposite party Nos. 2 and 3 is responsible for this?  The complainant himself might have made these transactions.  Hence neither the opposite party No.2 nor the opposite party No.3 are responsible to the complainant.  They take the credit card take the signature and proceed further.  Opposite party No.1 is in Gurgoan when the credit card is swiped naturally he will pay the amount the question of comparing the signature of the person who swiped the credit card at that time does not arise.  When the credit card is swiped he has to pay the money because it was a valid credit card.  It is seen from the bills the signatures of the complainant and the bills are of the same person to the nacked eye.  There is no handwriting expert to say that the signature of the complainant and the signature on the bills are of different persons.  That requires a detailed investigation.  That cannot be under taken by this Forum.

10.      Further even according to the letter of the complainant dated: 08.05.2009 and 11.05.2009 it is not he who swiped the credit card on 04.05.2009 and it is some fraudster.  That means he knew that of the mal transaction according to him is on 11.05.2009, but this complaint is filed on 04.08.2011 long after two years.  Hence the complaint is also barred by time.  Hence we hold the above points accordingly and proceed to pass the following:-

ORDER

1.        The complaint is Dismissed.  No order as to costs.

2.       Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.

3.       Send a copy of this order to both parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 18^th  Day of August 2011)

MEMBER                                                                      PRESIDENT