COMPLAINT FILED: 25.10.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 31st DECEMBER 2008<br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> <br /> COMPLAINT NO. 2289/2008<br /> <br /> <br /> COMPLAINANT Shashi Kumar. V.,<br /> S/o. M. Vishwanathan,<br /> Aged about 29 years,<br /> Residing at F1, No. 10,<br /> Sai Megha Shyam,<br /> Lakshamma Layout,<br /> Banaswadi,<br /> Bangalore – 560 043.<br /> <br /> Advocate (S. Lakshman)<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTIES 1. The Manager,<br /> Sri. T.R. Ramachandran,<br /> City Bank Cards Divison,<br /> P.O. No. 4830, Annasalai,<br /> Chennai – 2.<br /> <br /> <br /> 2. The Branch Manager,<br /> (Credit Card Division)<br /> City Bank, M.G. Road,<br /> Prestige Tower,<br /> Bangalore – 560 001.<br /> <br /> Advocate (R.V. Naik)<br /> <br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to pay a compensation of Rs.50,000/- and waive off the entire charges with respect to his silver, gold and platinum card and for such other reliefs on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> Complainant took the silver, gold and platinum credit card issued by the OP. He is prompt in making payment of the amount in due. On 27.09.2006 at about 9.30 p.m. or so he came near Cauvery Bhavan, Bangalore in an auto rickshaw along with his bag and baggage and requested the auto driver to stop as he wanted to drop a cheque in HDFC Bank ATM counter. He went to the HDFC ATM Centre dropped the cheque and returned back. On the next day he got an intimation about the utilization of his gold card and silver card. At that juncture he noticed that his cards were stolen or misplaced and they were misutilized by the unknown 3rd party and transacted to the tune of Rs.50,000/-. He immediately contacted the OP to block his cards, but it went in vain. Then he was forced to lodge a complaint to the Police. He was made to move from pillar to post to redress his grievance, but still he could get the proper response from the OP. Because of the hostile attitude and negligence of the OP he has suffered both mental agony and financial loss. When OP failed to compensate him, he even got issued the legal notice on 05.06.2007. Again there was no response. Under such circumstances complainant felt the deficiency in service on the part of the OP. Hence he is advised to file this complaint and sought for the relief accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP complainant did allow the unknown party, the unauthorized person to operate his credit card. There is a negligence on the part of the complainant in disclosing the secret code or PIN. Though complainant alleged to have lost the said card on 27.09.2006 he lodged complaint after 2 days. In the meantime the said cards was utilized extensively and a transaction was done to the tune of Rs.50,000/-. On hearing the complaint the card was blocked. In the meantime the alleged transaction had already taken place, for that OP cannot be blamed. OP has got a right to claim the amount transacted through the said credit card, which is liable to be paid by the complainant. Complainant utilized the silver card for withdrawal of the cash on 28.09.2006. So the allegations of the complainant that on 27.09.2006 he lost the cards is false. What had happened to the Police complaint is not known. On the receipt of the complaint from the complainant till such investigation, enquiry is over OP recredit the charges. But after on thorough investigation OP came to know that complainant is trying to mislead the Bank, hence they made the demand. They have acted in accordance with the terms of the agreement entered into between the complainant and the OP. That act of the OP cannot be termed as deficiency in service. The whole of the complaint is devoid of merits. The gist of the complaint speaks to the loss of credit card, that grievance can be redressed by approaching the Police. When the complainant has already lodged the complaint, same matter cannot be dealt by this Forum. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced the documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has proved <br /> the deficiency in service on the part of the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Negative<br /> Point No.2:- Negative<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. At the outset it is not at dispute that the complainant is the silver, gold and platinum card holder issued by the OP. On the reading of the complaint there are many more contradictory version regarding the loss of the said credit card. When we read para.4 of the complaint it speaks to the fact that on 27.09.2006 at about 9.30 p.m. or so complainant while traveling in an auto rickshaw along with his bag and baggage stopped near Cauvery Bhavan, Bangalore and went to drop a cheque at HDFC Bank leaving behind his luggage at auto rickshaw. It is further alleged that the auto rickshaw driver has committed theft of his credit card and the said auto rickshaw was bearing No. KA-04-A-5054. Para. 5 of the complaint shows that complainant received a call from Chennai Office of OP about the purchase of some material worth of Rs.40,000/- through his gold card, then complainant opened his eyes and on search of his baggage he noticed that his gold card and silver card are missing. Then he intimated the OP to block the said cards. The said intimation is sent on 29.09.2006. Why there is a delay of 2 days is not known and during those 2 days the said card was used substantially and a transaction was made to the tune of Rs.50,000/-. The defence of the OP speaks to the fact that complainant used his silver card to withdraw the cash on 28.09.2006. That defence is not denied by the complainant, which finds corroboration from the contents of the account statement. If complainant used the silver card on 28.09.2006, then his allegations that he lost his gold card and silver card on 27.09.2006 rather cannot be believed.<br /> <br /> 7. Further complainant says that he did lodge the complaint to the Police with regard to the missing of his cards. What happened to the said complaint is not known. The complaint discloses auto rickshaw number in which he has traveled. What is the action the concerned Police have taken against auto rickshaw driver is also not known. Before OP could close the said card on 29.09.2006 the transaction was already taken place. When that is so, complainant as per the terms of the card member agreement he is liable to pay the transacted amount. If a demand is made by OP in that regard it cannot be termed as deficiency in service. Again on going through the records there is a delay in lodging the Police complaint. The credit card cannot be operated without knowing the secret code and PIN. Who divulged the said secret PIN which should have been kept confidently to the 3rd party is not known. So all these acts and deeds of the complainant leads us to draw an inference that he is not diligent in maintaining his credit card as well as secret PIN and it is happened because of his own carelessness and negligence. <br /> <br /> 8. What made the complainant to wait for more than 9 months to cause the legal notice is not known. Though complaint reveals to the name of certain stranger D. Rajesh, who alleged to have transacted to the tune of Rs.11,000/- by utilizing the said gold card. What is the action complainant has taken against that person is now known. So there arises a reasonable doubt with regard to the approach of the complainant. We find force in the contention of the OP that the complaint is devoid of merits, tainted with malafide intention. Under such circumstances complainant does not deserves the relief claimed. There is no proof of deficiency in service. The monetary loss, mental agony if any suffered by the complainant is only because of his own negligence and carelessness. When that is so, he does not fix the liability on the OP with regard to the transacted amount. As already observed by us, the claim of the complainant appears to be frivolous. He does not deserves the relief. Accordingly we answer point nos.1 and 2 in negative and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is dismissed. In view of the nature of dispute no order as to costs.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 31st day of December 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> p.n.g. <br /> <br /> <br />