CC No.114.2015

Filed on 22.01.2015

Disposed on 21.12.2017

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 21^st DAY OF DECEMBER 2017

CONSUMER COMPLAINT NO.114/2015

PRESENT:

     Sri.H.S.RAMAKRISHNA

                            PRESIDENT

                       Smt.L.Mamatha, B.A., (Law), LL.B.

                               MEMBER

                                       V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1. This Complaint was filed by the Complainant on 22.01.2015 U/s 12 of the Consumer Protection Act, 1986 and praying to pass an Order directing the Opposite Party to pay sum of Rs.11,250/- Wrong Online Debit to his SB A/c No.910010028439856, to pay sum of Rs.20,000/- Compensation and other reliefs. 

2. The brief facts of the complaint can be stated as under:-

In the Complaint, the Complainant alleges that the Complainant is having S.B.Account No.910010028439856 Axis Bank M.G.Road Branch, Bangalore                                                A/c 910010028439856 on 18.09.2014, the Bank was wrongly Debited to his Account sum of Rs.3,000/-, Rs.3,000/-, Rs.3,000/-, Rs.2250/-, Total sum of Rs.11,250/- enquired to banker they said those transactions are online transactions, the Complainant got message to his mobile on 18.09.2014 at 11.12 a.m of Rs.3,000/- automatically he changed internet banking password again he got the 2^nd message on 18.09.2014 @ 11.27 a.m of Rs.3,000/- the Complainant called to the Customer Care but the calls was very busy and it took very late to connect after continuous call 4^th time his call got connected with Customer Care Executive, the Complainant informed him that he has not done any transactions but he received the message that amount is debited to his account, and requested him to block his account including debit card and he also informed them to stop payment for that transactions and he given complaint in this regard and informed him that there is no transactions is done from his end, and enquired them that how these transitions are taken.  The Complainant really worried and requested them to please investigate and don’t clear these transactions, and they confirmed that they will stop the payment complaint number for that is 10953512, and after that complaint also he received another 2 messages 18.09.2014 @11.38 a.m of Rs.3,000/- and @11.38 of Rs.2,250/-.  After this information he immediately went to Bank and enquired about this issue and they filed a complaint against that and the complaint number is CCRS 1409-019713 and they asked him to get the police complaint on the same and again he went to Ulsoor Police Station filed the complaint, FIR copy submitted to the Bank they informed that they will investigate and they need some time to investigate and they asked him come to on 22.09.2014 and on the same day he mailed the customer care regarding the transactions details, they replied that on the mail on 19.08.2014 i.e., regarding Ashish Mishra Customer Service Cards Axis Bank.  If they had taken necessary steps after he inform them as he received the 1^st message they would avoided next transactions.  It is impossible to know the ATM Pin & Email Password, the Complainant doubted bankers have compromised in this regard and doubted there is lot of Lupe holes in Bank system and cheating to customers.  This are happens in private banks only why not Government Banks blame the Complainant have compromised by password with someone.  He is 100% share he have not shared any of his Bank personal details with any one.  If he have shared any information why he should have taken so much of time spending on this regard.  In spite of so many request to banker and Police the payment has gone to Big service sector Company in India like Air Tel & Vodafone they can easily trace who has done fraud but nobody is taking care about his money.   After the continuous follow up also the Complainant gone go Bank on 22.09.2014 and enquired about the status of that Transactions but there is no proper confirmation and answer from their end and they are informing that those transactions are online transactions and that was the report they received from their investigation department. The Complainant met the customer relationship officer Mr.Rakesh & he shared all the complaint copies and requested him to take special care to investigate on those transactions and how the amount got debited.  He informed the Complainant that he will investigate and he will get back on the same by 25.09.2014 and continuous follow up with Bank operation head But he had still not receiving any Responses from him or the Branch.  Hence, this complaint.

3. In response to the notice, the Opposite Party put their appearance through their counsel and filed their version.  In the version pleaded that the complaint is not maintainable in law nor on facts.  The complaint is vague, devoid of material facts.  The Complainant has already lodged a Police complaint dt.18.09.2014 with Ulsoor Police Station, Bangalore regarding the alleged fraudulent debits from his savings bank account by using his Internet Banking password and Debit Card pertaining to the savings bank Account No.910010028439856 held by the Complainant with the Opposite Party and the said police authority is already seized of the complaint and the said complaint is under investigation by the said Police authorities. By virtue of the complaint lodged by the Complainant an FIR has already been registered by above said police and the factual position stood as above, the complaint is not maintainable in law.  It is submitted that this Opposite Party has cooperated and been cooperating with the said Police Authority for investigation into the complaint lodged by the Complainant.  The matter relating to the alleged fraudulent debits and the allegations made by the Complainant cannot be adjudicated in a summary manner in the proceedings prescribed under the provisions of the Consumer Protection Act, 1986 as the said disputed Claims requires recording of elaborate evidence of parties, witnesses, summoning witnesses, cross examination of witnesses, production of records, computers and peripherals and email accounts used by the Complainant, scrutiny and verification of the internet transactions done by the Complainant for past several years etc.  The matter in dispute is too complex, complicated and cannot be adjudicated in a summary manner by taking affidavit evidence on record.  Therefore, with due respect, it is submitted that the Hon’ble Forum which is not well equipped to investigate into and adjudicate the claims allegations raised in the complaint.  Therefore, this Forum is not the appropriate form for adjudication of the alleged claims of the Complainant.  The complaint is bad for non-joinder of necessary parties since the Complainant has failed to make the most crucial legal entity concerned namely VISA incorporated that has processed the online transactions referred to in the complaint pertaining to savings bank account No.910010028439856 held by the Complainant with the Opposite Party, as a party to the proceedings.  Likewise, M/s Bharti Airtel Limited, and M/s Vodafone Limited to whose accounts the alleged amounts have been credited from the account of the Complainant have not been made necessary parties.   The Complainant has not approached the Hon’ble Forum with true facts in as much as deliberately he has not produced the internet/online transactions pertaining to his e-mail IDs such as

4. The Complainant, Sri.Viresha S.Baligar has filed his affidavit by way of evidence and closed his side.  On behalf of the Opposite Party, the affidavit of one Sri.S.Prakash has been filed.   Heard the argument of Complainant.

5.      The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Party ?
2. What order?

6.     Our findings on the above points are:-

                POINT (1):- Negative

                   POINT (6):- As per the final Order

REASONS

7. POINT NO.1:- As looking into the allegations made in the complaint and also the version filed by the Opposite Party, it is not in dispute that the Complainant is having a Savings Bank Account with Opposite Party Bank through S.B A/c No.910010028439856.

8. It is the case of the Complainant that on 18.09.2014, Rs.3,000/-, Rs.3,000/-, Rs.3,000/-, Rs.2250/- total sum of Rs.11,250/- the Bank was Debited from his Account the said transactions are online transactions, the Complainant got message to his mobile on 18.09.2014 at 11.12 a.m of Rs.3,000/- automatically he changed internet banking password again he got the 2^nd message on 18.09.2014 @ 11.27 a.m of Rs.3,000/- the Complainant called to the Customer Care but the calls was very busy and after continuous call 4^th time his call got connected with Customer Care Executive and informed him that he has not done any transactions but he received the message that amount is debited to his account and requested him to block his account including debit card and he also informed them to stop payment for that transactions.   The Complainant also lodged a complaint and really worried and requested them to investigate the matter after that the Complainant also received another 2 messages on 18.09.2014 @ 11.38 a.m of Rs.3,000/- and @11.38 of Rs.2,250/-.  After this information he immediately went to Bank and enquired about this issue and they filed a complaint against that and the complaint number is CCRS 1409-019713 and also lodged a complaint with Police.   To substantiate this fact, the Complainant in his sworn testimony, he has reiterated the same and produced copy of the complaint.  As looking into this complaint, the Complainant lodged a complaint with a Sub Inspector of Police, Ulsoor Police Station on 18.09.2014 regarding the debit of Rs.3,000/-, Rs.3,000/-, Rs.3,000/-, Rs.2250/-, Total sum of Rs.11,250/- from his account and also produced the copy of the letter addressed by the Police Sub Inspector, Ulsoor Police Station to the Manager of the Opposite Party for providing details and information and also he registered a complaint with Card Holder Dispute Form.  Even by looking into this complaint itself, it reveals that on 18.09.2014 Rs.3,000/-, Rs.3,000/-, Rs.3,000/-, Rs.2250/-, Total sum of Rs.11,250/- was debited from his account and transfer to Airtel and Rs.2,250/- was debited from his account and transfer to the Vodafone and also Statement of Account No.910010028439856, even by looking into this, it is very clear that on 18.09.2014 Rs.3,000/-, Rs.3,000/-, Rs.3,000/-, Rs.2250/- totally sum of Rs.11,250/- was debited from the account of Complainant and transfer to Airtel and Rs.2,250/- was debited from the account of the Complainant and transfer to the Vodafone.  Except this evidence, the Complainant has not placed any evidence.  In support of his contention that there is a deficiency of service on the part of the Opposite Party.  No doubt from the evidence placed by the Complainant, it is clear that on 18.09.2014 from the account No.910010028439856 of the Complainant Rs.11,250/- was debited and transfer to Airtel and Vodafone but that itself is not sufficient to hold that there is deficiency of service on the part of the Opposite Party. 

9. The defence of the Opposite Party is that as deliberately he has not produced the internet/online transactions pertaining to his e-mail IDs such as

10.  It is further defence of the Opposite Party is that the Debit Card account pertaining to the Complainant was processed through the secure channel i.e., Verified by Visa operated by Visa incorporated, a legal entity.  The VbV is a global programme operated by Visa Incorporated that verifies the authenticity of an online Cardholder in real time, through the Cardholders use of his or her personal password.  The personal password is created by entering the details of the debit card, ATM Pin number and other personal details.  The transactions done through Verified by Visa mode are secured transactions and the same cannot be done unless the person is in possession of all the aforesaid details, which are confidential in nature and known only to the Cardholder unless the Cardholder divulges the same to a third party. If any internet transactions have to be completed regularly the detail i.e., personal password of the debit card ATM pin Number other personal details without all these transactions cannot be taken place.  The Complainant might have disclose these information to the 3^rd party knowingly or unknowingly, thereby the said transactions had happened but there is no evidence on record to show that there is deficiency of service on the part of the Opposite Party as alleged by the Complainant.  Therefore, the Complainant fails to prove that there is deficiency of service by the Opposite Party.  Hence, this point is held in Negative.

11. POINT NO.2:-In the result, for the foregoing reasons, we proceed to pass the following:

ORDER

The complaint is dismissed.  No cost.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 21^st day of December 2017)

        MEMBER                                          PRESIDENT 

LIST OF WITNESSES AND DOCUMENTS

Witness examined on behalf of the Complainant:

1. Sri.Viresha S Baligar, who being the Complainant has filed his affidavit.

List of documents filed by the Complainant:

1. Copy of Statement of Account
2. Copy of letter sent to the customer
3. Copy of mail sent to the customer

Witness examined on behalf of the Opposite Party:

1. Sri.S.Prakash, Vice President of the Opposite Party has filed his affidavit.

List of documents filed by the Opposite Party:

                          NIL

MEMBER                                   PRESIDENT