Chandigarh

DF-I

CC/175/2023

CHANAN SAINI AGED 54 YEARS S/O SH BABU RAM - Complainant(s)

Versus

THE STATE BANK OF INDIA THROUGH ITS BRANCH MANAGER - Opp.Party(s)

RAVI DUTT SHARMA

04 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/175/2023
Date of Institution	:	3.4.2023
Date of Decision	:	4/11 /2024

 

Chanan Saini aged 54 years s/o Sh Babu Ram resident of House No.20, Sector-22A, Chandigarh.

...Complainant

 

VERSUS

 

 

1. The State Bank of India, High Court Branch Chandigarh through its Branch Manager.

 

2. The State Bank of India Cards, SBI Cards, PQQV+3RP, First Floor, Plot No.57, Industrial Office, Phase-1, Sector-8C, Chandigarh-160009 through its Branch Manager.

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Ravi Dutt Sharma, Advocate for complainant
	:	Sh.Vishal Gupta, Advocate for OP No.1
	:	Sh. Kartik, Advocate for OP No.2.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties (hereinafter referred to as the OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that the complainant is customer of OP No.1 and is maintaining his saving bank account with OP No.1 branch. The OPs had issued credit card  ending Nos. 0979 (hereinafter to be referred as first subject credit card) to the complainant which was connected with the saving account of the complainant.  The registered mobile number of the complainant with OPs No.1&2 is  9988997089  and at the time of transaction through credit card, OTPs  were required to be sent to the registered mobile number of the complainant.  On 19.9.2022, two transactions were done by some imposter in collusion with the officials of the OPs through credit card of the complainant  by getting changed the registered contact number in the record of the OPs .  One transaction of Rs.28,462/- was done in favour of PTM Education Noida and another transaction of Rs.2050/- was on in favour of mobikwik  on the same day. However the OTP for the aforesaid transactions were never received by the complainant on his registered mobile number.  Even the complainant had never made any request to the OPs to change the registered mobile number and request if any, has been made by the imposter. In the month of October 2022  the complainant came to know about the aforesaid mischief with his credit card number  and immediately the complainant brought this fact to the notice of the Ops by sending email on 13.10.2022 with reminder emails dated 14.10.2022. Even after that no action was taken by the OPs. Later on the complainant came to know that his registered mobile number has been replaced/changed with another mobile NO. 8910281061  and the credit card  ending with number 7349  has been issued by the OPs  in the name of the complainant and the same has already been activated by the imposter  with the aforesaid changed mobile number. It has further come to the notice of the complainant on 17.9.2022 that another transaction of Rs.58000/-  was done from the newly issued credit card ending number 7349 (hereinafter to be referred as second subject credit card). Thereafter the complainant again sent representation to the OPs through mail dated 15.10.2022 with representation dated 16.10.2022 which was replied by the OPs vide mail dated 17.10.2022.  Again the complainant approached the OPs by sending various reminders but with no result.  Later on the complainant received a bogus bill  for the second subject credit card  which was never got issued  b y the complainant from the OPs and again the complainant made representation  to the Ops by sending email dated 21.11.2022 which was replied by the Ops on 22.11.2022  but despite of that nothing has been done by the OPs. Due to the aforesaid act of OP  and the imposter the CIBIL score of the complainant lowered due to non payment of outstanding amount of the second subject credit card , which was never received by the complainant. It has also come to the notice of the complainant that in collusion with the officials of the OPs  an imposter has created a fake email ID in the name of the complainant with fake mobile number and certain documents were forged by them as the complainant has never changed his registered mobile number from the Ops nor applied for second subject credit card, hence all transactions  from the aforesaid second  subject credit card  in the name of the complainant are wrong and illegal and the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP No.1 resisted the consumer complaint and filed its written version, inter alia, taking preliminary objections of maintainability and cause of action. It however, alleged that in fact the aforesaid subject credit cards were issued by OP No.2 with which the OP No.1 has no concern. Not only this even OP No.2 is only dealing with business of credit cards and the complainant has no cause of action against the answering OP. The subject credit cards are not in the domain of the answering OP rather the same is in the domain of OP No.2. It is admitted that the complainant is having saving account with the answering OP but answering OP has no authority to issue any credit card to the complainant. On merits, the facts as stated in the preliminary objections have been re-iterated. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. OP No.2 in its written version denied the facts as alleged in the complaint that  there is  cyber crime as the complainant has alleged about the fraudulent transaction. It is further alleged that in fact transactions occurred subsequent to validation of secure  credential and authentication of OTP  which were successfully transmitted to the registered mobile number and subsequently the complainant shared the same and due to that reason the OPs cannot be held accountable for the financial loss if any to the complainant. It is alleged that in fact on 17.9.2022 the complainant requested  for the change of his registered mobile number 9988997089  to  another mobile number 8910281061 via the card website and during this update process the complainant successfully verified the first OTP  and subsequently, placed the request.  Not only this,  even the second OTP was also verified for the final processing and accordingly the complainant got another mobile number registered in place of first one. Even the transactions were made by the complainant online by making purchases on platforms such as paytm  and mobikwik with each transaction verified by dynamic OTP and now the complainant is filing a false complaint. . On merits, the facts as stated in the preliminary objections have been re-iterated. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
4. complainant chose not file rejoinder.

2. In order to prove their case, parties have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the parties and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that the complainant has been maintaining  his saving account with the OP No.1, having registered number 9988997089 attached with the said saving account  and the OP No.2 had issued first subject credit card ending number 0979  to the complainant, having aforesaid mobile number registered, with the credit card account, the case is reduced to a narrow compass as it is to be determined if there is any deficiency on the part of OP No.2  on account  of change of registered mobile number of the complainant as well as issuance of new credit card in the name of the complainant by some imposter as a result of which various transactions  have taken place regarding which the complainant had not received any message from the OP No.2 and the complainant is entitled for the relief as prayed for, as is the case of the complainant  or if the complainant himself has firstly got the registered mobile number changed with the OP No.2 and also got another credit card issued ending number 7349 and thereafter transactions were made by using both the credit card and has filed the present false and frivolous complaint as is the defence of the OPs.
   2. In order to understand the real controversy between the parties about the change of registered mobile number and issuance of new credit card i.e. second subject credit card  and the timing of the transactions taken place from both the credit cards in the names of the complainant,  in better way  it would be appropriate to reproduce the facts about change of registered mobile number, timing of the issuance of new card and transactions, in the tabulated form as detailed in Annexure OP-2 in the following manner:-

Mobile Number change SMS:

Publish Date

Mobile No.

Delivery status

Sender ID

Message

17/9/2022 11:20:06 AM

919988997089

Delivered

SBICRD

OTP to view or update Mobile No. / Email ID for your SBI Credit Card ending XX0979 is <>. OTP valid for 10 minutes. To prevent fraud, do not share this with anyone.

17/9/2022 11:23:12 AM

919988997089

Delivered

SBICRD

Dear SBI Credit Cardholder, w.r.t Service Request No. 1188726554326 your Mobile No. has been successfully updated in our records. You will start receiving OTP and Trxn. alerts on your updated Mobile No. in next 24 hours

17/9/2022 6:23:03PM

919988997089

Delivered

SBICRD

Dear SBI Cardholder, as per your request, we have updated your registered mobile no. in our records. If you have not made this request, call SBI Card helpline at 39 02 02 02 (prefix local STD code) immediately. You will start receiving your OTP for Online transactions on the updated mobile no. within 28 hrs

17/9/2022 11:22:44 AM

918918250715

Delivered

SBICRD

OTP to verify your new Mobile No. for your SBI Credit Card ending XX0979 is <>. OTP valid for 10 minutes. To prevent fraud, do not share this with anyone.

17/9/2022 11:23:02 AM

918918250715

Delivered

SBICRD

Dear SBI Cardholder, as per your request, we have updated your registered mobile no. in our records. If you have not made this request, call SBI Card helpline at 39 02 02 02 (prefix local STD code) immediately. You will start receiving your OTP for Online transactions on the updated mobile no. within 28 hrs

17/9/2022 11:23:12 AM

918918250715

Delivered

SBICRD

Dear SBI Credit Cardholder, w.r.t Service Request No. 1188726554326 your Mobile No. has been successfully updated in our records. You will start receiving OTP and Trxn. alerts on your updated Mobile No. in next 24 hours.

New Account SMS Details

Publish Date

Mobile No.

Delivery status

Sender ID

Message

18/9/2022 10:04:05 AM

918918250715

Delivered

SBICRD

<> is the OTP to submit your request for a new SBI Credit Card. OTP valid for 10 mins or one successful attempt only. Do not share it with anyone.

18/9/2022 10:04:33 AM

918918250715

Delivered

SBICRD

Dear Cardholder, welcome to the SBI Card family. You can start using your new SBI Credit Card for online transactions right away! Simply click the link to view your card details: note  your physical card is being sent and will reach you in 5 working days. Download SBI Card App: OTP SMS

Publish Date

Mobile No.

Delivery status

Sender ID

Message

19/09/2022 11:24:13

918918250715

Delivered

SBICRD

<> is the OTP for Trxn, of Rs. 50,825.00 at PAYTM EDUCATION with your credit card ending 49. OTP is valid for 10 mins. Do not share it with anyone SBI Card.

19/09/2022 11:27:04

918918250715

Delivered

SBICRD

<> is the OTP for Trxn. of Rs. 28,462.00 at PAYTM EDUCATION with your credit card ending 79. OTP is valid for 10 mins. Do not share it with anyone - SBI Card

19/09/2022 11:30:15

918918250715

Delivered

SBICRD

<> is the OTP for Trxn. of Rs. 2,460.00 at One Mobiwik Sys with your credit card ending 49. OTP is valid for 10 mins. Do not share it with anyone - SBI Card

19/09/2022 11:36:10

918918250715

Delivered

SBICRD

<> is the OTP for Trxn. of Rs. 2,050.00 at One Mobiwik Sys with your credit card ending 79. OTP is valid for 10 mins. Do not share it with anyone - SBI Card

Transactions SMS:

Publish Date

Mobile No.

Delivery status

Sender ID

Message

19/9/2022 11:24:28 AM

918918250715

Delivered

SBICRD

Rs.50.825.00 spent on your SBI Card ending with 7349 at PAYTM EDUCATION on 19/09/22. If this trxn. wasn't done by you, click

19/9/2022 11:27:18 AM

918918250715

Delivered

SBICRD

Rs.28,462.00 spent on your SBI Card ending with 0979 at PAYTM EDUCATION on 19/09/22. If this trxn. wasn't done by you, click 19/9/2022 11:30:34 AM

918918250715

Delivered

SBICRD

Rs.2,460.00 spent on your SBI Card ending with 7349 at One MobiKwik System P Ltd on 19/09/22. If this trxn. wasn't done by you, click 19/9/2022 11:36:21 AM

918918250715

Delivered

SBICRD

Rs.2,050.00 spent on your SBI Card ending with 0979 at One MobiKwik System P Ltd on 19/09/22. If this trxn. wasn't done by you, click

 

3. From the close scrutiny of the aforesaid table, one thing is clear that on 17.9.2022 around 11:20:06 a.m  as per the defence of the OP No.2  request for updation of mobile number email ID was received from the customer and accordingly the said mobile number was updated on the same date at 11:23:12 a.m.   and on the next day i.e. on 18.9.2022 as per defence of the OPs  request for issuance of new SBI credit card was received and accordingly the same was issued on the same day around 10:04:33  a.m. . It is further clear from the aforesaid table that first transaction of Rs.50,825/- had taken place at 11:24:28 a.m.  on 19.9.2022  from credit ending number 7349 i.e. the new card  and thereafter within three minutes i.e. at 11:27:18 a.m.  another transaction of Rs.28,462/-  had taken place from the old credit card ending number 0979 and thereafter again within 3 minutes another transaction of Rs.2,460/-  had taken place around 11:30:34 a.m.  from the new card ending number 7349 and  another transaction of Rs.2,050/-  had also taken place around 11:36.21 a.m.  from the old credit card ending number 0979, making further clear that all these transactions had taken place within the duration of 12 minutes. As per case of the complainant he had never requested the OPs for change of his registered mobile number or issuance of new credit card,  whereas it is the defence of the OPs that the complainant had approached the OPs through website with the request to change his registered mobile number and issue new credit card. However in our opinion as the OP No.2 has been maintaining entire record  with respect of credit card account, SMS and transactions etc. thus, the onus lies upon the OP No.2  to prove that complainant ever made request for the change of the registered mobile number and issuance of new credit card and the transactions in disputes had taken place at the instance of complainant by using OTP or dynamic number as is the defence of the OP No.2.
4.  However,  to demolish the defence of OP No.2, the complainant has tendered copy of prepaid customer application form Annexure C-X  submitted by the person in whose name the changed number mobile No. 8910281061 has been issued, which clearly indicates that the aforesaid  registered  mobile number has been issued to one Sahida Khatoon, 32 Panchanan Tala Road Dhakuria Bridge Dhakuria Kolkata, Kolkata West Bengal 700029  and the same has never been issued in the name of complainant, further making clear that the complainant was never having the aforesaid new mobile number vide which as per OP No.2 the complainant has requested for the change of mobile number.
5.  It is further clear from the aforesaid table that in fact  Ms. Sahida Khatoon imposter  firstly  got the registered mobile number of the complainant changed by hacking the credit card account  of the complainant on 17.9.2022  at 11.23:12 a.m. and thereafter got another card issued in the  name of complainant on next day i.e. on 18.9.2022 at 10:04:33 a.m.  and on  the very next day  on 19.9.2022 used both the credit cards issued in the name of the complainant  and thereafter had withdrawn  the disputed amounts from the account of the complainant. Not only this even onus lies upon OP No.2  to show on record that before the change of the registered mobile number  9988997089 with new mobile No. 8910281061 which is actually stands in the name of Sahida Khatoon,  any SMS was sent  to the complainant about change of mobile number  but it has miserably failed to produce any such cogent evidence/document to prove this fact, it is safe to hold that there is negligence on the part of OP No.2 whose system was hacked by third person who got the registered number of the complainant changed and thereafter got a new credit card issued in the name of the complainant and subsequently withdrawn the amounts after using both the credit cards which itself amounts violation of guidelines of Reserve Bank of India, the relevant clause whereof is as under:-

“(a) Zero Liability of a Customer

6. A customer’s entitlement to zero liability shall arise where the unauthorised transaction occurs in the following events:

1. Contributory fraud/ negligence/ deficiency on the part of the bank (irrespective of whether or not the transaction is reported by the customer).”

 

6. In the instant case as held above due to negligence of OP No.2 the transactions in dispute had taken place, thus, as per RBI  guidelines the OP No.2 is liable for the subject transaction.

4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP  No.2 is directed as under :-

1. not to claim or charge for the transaction dated 17.9.2022 and 19.9.2022 from credit card ending NOs.0979 and 7349 from the complainant.  
2. to get the CIBIL score of the complainant corrected immediately from the authority concern on payment of usual charges other than the transactions dated 17.9.2022 and 19.9.2022.
3. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him;
4. to pay ₹10,000/- to the complainant as costs of litigation.

 

5. This order be complied with by the OP No.2 within 45 days from the date of receipt of its certified copy, failing which the amount(s) mentioned at Sr. No.(iii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, till realisation, apart from compliance of directions at Sr.(i), (ii) & (iv).
6. Complaint qua OP No.1 stands dismissed.
7. Pending miscellaneous application(s), if any, also stands disposed off.
8. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 4/11/2024 mp			[Pawanjit Singh] President
			[Surjeet Kaur] Member
			[Suresh Kumar Sardana] Member