Order No. 24  dt.  10/11/2017

            Fact of the case according to the complainant, in brief, is that the complainant had used a credit card of SBI bearing no. 4377486954350607 and availed a hassle free service from 2006 to 17.02.2013. Complainant claimed that he used the cards diligently and therefore, there were neither any irregular transactions nor any default in payments. But after 7 years complaint suddenly confronted with two unusual transaction one at4.21 hrs and another at 5.16 hrs on the same day i.e. on 18.02.2013 with transaction amount of Rs.1,13,834.03& Rs.1,20,871.64 respectively. But 2^nd transaction had not been allowed due to insufficient credit limit. The 1^st transaction was operated from Daniel & Saneer GbR, Germany having website www.thebikeshop.de. On receiving SMS about the transactions complainant informed the matter at 8.30 hrs to the customer care and on their advice complainant sent soft copy of the complaint and the hard copy enclosing the dispute form down loaded from the net. Complainant had also made FIR on 21.02.2013 at the police station of Durgapur as well as cyber Crime Cell of Kolkata Police. On 09.03.2013 complainant also made an online complaint at CID,WB. Complainant has claimed that he cannot be held liable for the lapses and loopholes of the opposite parties in their monitoring system of surveillance of security. While enquiring about fate of the untoward incidenceo.p. was always in positive mood and assured that fraud done by anybody else will be detected and appropriate action would be undertaken accordingly.

            But the o.p. had not tried at all to stop payment as the complainant made complaint at 8.30 hr on 18.02.2013. Hence complainant is not liable to pay the amount as charged by the o.p. Complainant knocked the door of the Banking ombudsman. But the Hon’ble Ombudsman dismissed the complaint. Finding no other alternative the complainant lodged this complaint and praying for direction upon the o.p. not to charge Rs.1,13,834.03 along with other incidental charges as charged by the o.p. along with  compensation of Rs.1,00,000/- for inconvenience, harassment and mental agony and litigation cost of Rs.20,000/-.           

            O.p. contested the case by submission of w/v. In the w/v o.p. denied all allegations leveled against them. Ld. Lawyer of the o.p. has argued that the complainant has suppressed material facts to this Hon’ble Forum and as such the complaint is liable to be dismissed on this ground alone. Ld. Lawyer of the o.p. submitted that on-line transaction can only be completed if the said codes are used together, i.e. Card Number/CVV No./Card Expiry Date and VBV Password (Visa verified code). The Visa Verified Code is an unique password which is created by the Card Holder while doing his online transactions. The issuing card authority has not access to this password. Moreover unless the said Visa Verified Code or Password is not given no online transaction can be completed. The said Password was used in the said transaction which the complainant has disputed. The said VBV Password was used by the complainant on 17.02.2013 around 10.30 P.M. for making transaction in IRCTC. Moreover the complainant received a SMS alert of this transaction too. He never objected to the said transaction. The transactionwhich is disputed by the complainant was made by using the same VBV password. This can be concluded since the complainant after receiving the sms neither asked to block his card nor made any change in the VBV password. The complainant made transaction with IRCTC using the same password. he never raised any objection of that transaction. Neither there is any trace of change of password recorded after the said transaction made with IRCTC.

            Moreover the o.p. i.e. SBI Card Payment and Services Ltd. do alert its consumers about not to share any sort of details of their card with anyone.

            There was no lapse in the security system of the o.p.  rather if anybody is to blame for this alleged transaction then it is the complainant himself. The o.p.has got no access to his WBV password, which is absolutely necessary for conducting any internet transactionwas only within the knowledge of the complainant.

            On the basis of the pleadings of the respective parties following points are to be decided:-

1. Whether there was any deficiency in service on the part of the o.p.s?
2. Whether the complainant will be entitled to get the relief as prayed for?

Decision with reasons:-

All the points are taken up together for the sake of brevity and avoidance of repetition of fact.

                  Considering the submissions of both the parties and on perusal of the materials on records it is an admitted fact that complainant had used the credit card without any trouble from the year of purchase to the date of occurrence of the fraud ie on 18.02.2013.There was no traces of suspicion regarding the surveillance of the on-line credit card transactions. For the 1^st time complainant’s credit account was fraudulently debited at the dawn on 18^th Feb 2013 and an amount ofRs.1,13,834.03 was debited therefrom. Though the complainant had dealt a transaction with IRCTC on 17.02.2013 without any hazards.        

            On receipt of SMS the complainant inform the fraud to the customer care person who told the complainant to make written complaint along with Dispute Form. Asper their advice  the complainant downloaded the dispute form, filled it up and sent an email at 4.24 p.m on 18.02.2013 along with scanned copy of the filled up dispute form. In the dispute form complainant himself had vividly written that his card had been lost/stolen on 18.02.2013, the date on which the fraudulent transaction had occurred.  SBI Card Payment and Services Ltd. do alert its consumers about not to share any sort of details of their card with anyone. Consequently on 14.03.2013 the complainant received an e- mail from the o.p stating that ‘transactions are valid as they have been performed in a Secure Electronic Commerce environment and have been validated by your Card, CVV and Date of birth over the internet, hence the liability for the transaction rests with cardholder”. It is an admitted fact that on-line transaction can only be completed if the relevant codes are used together, i.e. Card Number/CVV No./Card Expiry Date and VBV Password (Visa verified code). The Visa Verified Code is an unique password which is created by the Card Holder while doing his online transactions. The card issuing authority has no access to this. There was no trace of change of password asrecorded after the said transaction made with IRCTC.

             With the above points in view we hold that there was no deficiency in service/utp by the op and the liability of fraudulent transaction if any, is not a matter of adjudication under this Act.

            Hence, it is ordered,

            that the case no. 672 of 2013 is dismissed on contest without cost against the o.p.

            Supply certified copy of this order to the parties free of cost.