Orissa

Cuttak

CC/36/2021

Ramanikanta Pattanaik - Complainant(s)

Versus

The Nodal Officer,Axis Bank Ltd - Opp.Party(s)

S S Mishra & associates

14 Sep 2023

ORDER

                IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.36/2021

          Ramanikanta Pattnaik,

           S/o: Late Natabar Pattnaik,

           At:Plot No.1348/22-C,C.D.A,

           Sector-6,Avinab Bidanasi,Cuttack.                                ... Complainant.

 

          Vrs.

 

1.       The Nodal Officer,Axis Bank Ltd.,NPC-1,5th Floor,Gigaplex

Plot No.1,T.5,MIDC,Airoli Knowledge Park,

Airoli,Navi Mumbai,PIN-400708.

 

2.       The Manager(Legal),

Axis Bank Ltd.,Jagatpur Branch,

                 At:Jagatpur,P.O/P.S: Jagatpur

                 Dist-Cuttack,Odisha.                                                   ...Opp. Parties.                                   

 

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:    26.02.2021

Date of Order:  14.09.2023

 

For the complainant:                 Mr. S.S.Mishra,Adv. & Associates.

For the O.Ps              :                  Mr. R.Roy,Adv. & Associates.

                       

Sri Debasish Nayak,President.               

Case of the complainant as made out from the complaint petition in short is that the complainant had an account in the Axis Bank Ltd. at Jagatpur Branch for the last 15 years bearing Savings Bank A/c. No.909010042129197.  The complainant was also availing the facility of Credit-Card from the said bank which was effective till October,2023.  In the month of January,2021, it came to his notice that a sum of Rs.22,240.55p has been debited from his Credit-Card bearing No.4514570026153539.  He also received a notice from the said Axis Bank regarding the said amount to have been debited from his Credit-Card.   It is the contention of the complainant, that he had never used his said Credit-Card at any point of time for which he had sent legal notice to the O.Ps in that aspect.  In reply to his legal notice, O.P no.1 had submitted his reply dated 7.1.2021 stating therein that there were regular transactions done through the said Credit-Card account of the complainant.  Thereafter, the said bank of the complainant went on deducting money from the Savings Bank Account of the complainant.  Ultimately being disgusted, the complainant has approached before this Commission alleging deficiency in service and practice of unfair trade by the O.Ps and has thereby demanded a sum of Rs.40,000/- from the O.Ps towards compensation for his mental agony and financial loss together with legal expenses as incurred.  He has further prayed to refund him the said amount alongwith his litigation expenses to the tune of Rs.10,000/- and further to pay him penalty of Rs.15,000/-.

          Alongwith his complaint petition, the complainant has filed copies of the letter as sent by him to O.P no.1 and the reply thereto.

2.       Both the O.Ps have contested this case and have filed their written version jointly.  As per the written version of the O.Ps, the allegations as made by the complainant through his petition are all baseless and are rather desperate demands in order to wriggle out from the contractual/legal liabilities arising out of Credit-Card usage.  The petition of the complainant is not maintainable, the complainant has not approached with clean hands and has rather suppressed the material facts.  The O.Ps have further averred through their written version that Mrs. Manju Das wife of the complainant, was also issued another Credit-Card (Secondary/Add-On Card) bearing No.4514570026153554 on the complainant’s request for her usage.  The same was under the terms and conditions of Credit-Card and understanding.  Thus, the complainant was issued a Credit-Card and his wife was issued an Add-On Card by the said Axis Bank.  The transactions/purchases those which were made through the said Add-On Card, the amounts thereof were generated in the Primary Credit-Card i.e., to say in the Credit-Card of the complainant.  Thus, according to the O.Ps, the transactions those which were made by Mrs. Manju Das were debited from the Savings Bank Account of the complainant at the Axis Bank as per the terms and conditions of the said Credit-Card as per the consent of the complainant.  Accordingly, the O.Ps have prayed for dismissal of the complaint petition as filed by the complainant.

          Together with their written version, the O.Ps have annexed copies of several documents showing the regular transactions as made alongwith the description of the property and the amount thereof those which were deducted from the Savings Bank Account of the complainant at the Axis Bank.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps  and if they have practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.II.

Out of the three issues, issue no.ii  being the pertinent issue is taken up  first for consideration here in this case.

After going through the complaint petition, the written version, the written notes of submissions as filed from either sides and also after perusing the copies of several documents as available in the case record, it is noticed that admittedly the complainant has a Savings Bank Account with the O.Ps and he had availed Credit-Card facility from the O.Ps bearing Card No.4514570026153539 which is valid till October,2023.  It is not in dispute that in the month of January,2021 the complainant came to know that a sum of Rs.22,240.55p was debited from his Credit-Card.  The complainant disputes that right from the day of procuring the said Credit-Card, he had never used the same for any transaction or purchase.  But in order to validate a successful transaction through one Credit-Card, the secured code is very much necessary and the same is only known to the Credit-Card holder.  The transaction can only be successful when such secret code is shared.  The intending user/purchaser of the Credit-Card has to login to the Website of the Seller, provide the PIN alongwith the OTP which will only be sent to the registered mobile phone of the Credit-Card holder.  It is also the duty ad responsibility of the Credit-Card holder to ensure all the safeguard measures without disclosing the details of his Credit-Card to anyone else.  The Credit-Card number, CVV and the OTP are very much required in order to facilitate a successful transaction through Credit-Card by the user.  As per the R.B.I guidelines, the Turn Around Time(TAT) is for 90 days within which on receipt of any complainant a thorough investigation is to be made and if the customer is found to be liable, in that case the amount is to be recovered from the Customer’s account.  As it appears here in this case, there were regular transactions being made through the Credit-Card and accordingly the deductions were being made from the Savings Bank Account of the complainant which is at the Axis Bank.  It is not in dispute that Smt. Manju Das the wife of the complainant, Ramanikanta Pattnaik was also possessing and using one Add-On Credit-Card which was provided to her as per the requests and consent of the complainant.  Thus, as per the terms and conditions thereof, the transactions/purchases those which were being made by the said Mrs. Manju Das the considerations thereof were to be meted out from the Savings Bank Account of the complainant.  The complainant urges not to have used his Credit-Card but as per the copies of annexures provided by the O.Ps alongwith their written version, it is noticed that transactions/purchases  were being made through the Add-On Credit-Card as possessed by Mrs. Manju Das who is none-else but the wife of the complainant of this case.  Thus it is quite clear that the transactions/purchases those which were made by Mrs. Manju Das were as per the implied consent of the complainant and when the consideration values of such purchases were made by deducting those amounts from the S.B.Account of the complainant, this Commission finds no deficiency in service on the part of the O.Ps as alleged against them nor can come to a conclusion that the O.Ps had ever practised  unfair trade.  Accordingly, this issue goes against the complainant.

Issues no.i & iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to the reliefs as claimed by him.  Hence it is so ordered;

 

 

 

 

                                              ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 14^th day of September,2023 under the seal and signature of this Commission.

                                                                                                                                                                                                               

                                                                                                              Sri Debasish Nayak

                                                                                                                        President

 

                                                                                                          Sri Sibananda Mohanty

                                                                                                                             Member