Punjab

Ludhiana

CC/23/25

T.P.Vimal - Complainant(s)

Versus

M.D.SBI Credit Card - Opp.Party(s)

Complainant in person

21 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 25 dated 18.01.2023                               

                 Date of decision: 21.11.2023  

 

T.P.Vimal s/o P.V.Peethambaran, R/o Charuvila, Karuvatta, Adoor, Pathanamthitta, Kerala at present Manager, Punjab Kesari Newspaper, Focal Point, Phase-8, Ludhiana, Punjab-141010, Mobile No.78885-71488.                                                                                                        ..…Complainant

                                                Versus

Managing Director, SBI Credit Card, Infinity Tower, DLF City, Gurgaon, Haryana, PIN-122002.

                                                                                      …..Opposite Party

Complaint under section 35 of the Consumer Protection Act, 1986

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS.MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         In person

For OP                           :         Sh.Anand  Sabherwal, Advocate

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           The complainant has invoked the jurisdiction of this Commission and alleged deficiency in service on the part of the OP by raising a consumer dispute with regard to illegal deductions made by the OP in the credit card of the complainant. It has been submitted that the complainant is holder of SBI credit card No.4726 4268 4504 6889(old) and new No.4726 4268 4915 0711 and is having a/co No.67136440611 of State Bank of India, Kerala Branch. On 21.11.2022, the complainant came to know that any unknown person had changed his email ID but the OP did not sent any message to his registered mobile ID regarding changing his mail ID. The OP changed his registered mail ID without the consent of the complainant and asking KYC and thereafter, an amount of Rs.6105/- was transacted by the above said person from his credit card. Thereafter, the complainant made phone call to the OP to cancel his credit card on 22.11.2022 which was cancelled by the OP. Thereafter, despite lodging complaint through mail regarding illegal transaction dated 23.11.2022, the OP flatly refused to refund the said amount. The complainant also moved complaint to Banking Ombudsman Trivandrum, Kerala regarding the said issue. Claiming the service of OP is totally deficient, the complainant has filed the present complaint with the prayer for issuance of directions to OP to refund the amount of Rs.6105/- along with interest as well as compensation of Rs.20,000/- on account of mental harassment, mental tension and agony suffered by the complainant.

2.                Pursuant to the notice of the complaint, OP appeared through its counsel and filed the written statement whereby OP took the preliminary objections regarding maintainability of the complaint as the complainant has not come to this Commission with clean hands and suppressed the material facts; case pertains to allegations of fraudulent transactions which required leading of evidence of both the parties. The complaint has been filed by the complainant with some oblique motives in an endeavour to force the answering OP to accept certain illegal demand with the answering OP otherwise not liable. The complaint is bound by the terms and conditions which were supplied to him along with a booklet through a welcome kit before the complainant had made any transaction through the credit card. In other case also, the complainant has no cause of action accrued within the jurisdiction of this Hon’ble Commission. On merits, it is submitted that the complainant had changed his email ID himself and due information regarding change in email ID was sent on the registered mobile number/email address of the complainant on 21.11.2022 along with other details. It is altogether a false and frivolous story made by the complainant to put cap on his own wrongs. The registered mobile number of the complainant remains the same and he has been receiving all the communications on the said phone number. The transaction in question was valid transaction but complainant wants to create pressure upon the answering OP to accept his illegal demands. It has been submitted that the transaction has been performed in a secured manner as the same has been validated by the card CVV and dynamic One Time Password over the internet/IVR. Additionally, SBI Card has implemented Dynamic OTP as an additional factor of authentication for online (3D)/Card not present transactions (CNP) providing enhanced level of security to all CNP transactions. So, the liability towards any transactions conducted by the complainant is upon the complainant only. On merits, all other allegations levelled in the complaint against the answering OP have been specifically denied and it is prayed that the complaint against answering OP is liable to be dismissed.

3.                In evidence, the complainant tendered his affidavit as Ex.CA and reiterated his averments of the complaint. The complainant also placed on record documents Ex.C1 to Ex.C7 copies of emails and messages details regarding transaction made on his credit card, Ex.C8 copy of transaction dispute form, Ex.C9 copy of complaint lodged with the concerned police station and closed the evidence.

4.                When the case was fixed for evidence of OP, Sh.Anand Sabherwal, Advocate has got recorded his statement to the effect that the matter has been compromised between the parties for a full and final settlement amount of Rs.7000/-. Further, as per his statement, the OP agreed to pay Rs.7000/- to the complainant within 30 days from today.

5.                The said offer has been duly accepted by the complainant who is present in the court today and he has further recorded his statement that the matter has been compromised regarding all his claims in the present complaint. Further, he has prayed for disposal of the complaint as per compromise.

6.                           In view of above settlement and recorded statements of the parties today itself, the present complaint stands disposed of as compromise with the direction to the OP to pay Rs.7000/- towards the full and final settlement of claim of the complainant within 30 days from today. Further, the parties remain bound by their recorded statements. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

(Monika Bhagat)           (Jaswinder Singh)            (Sanjeev Batra)                        Member                     Member                         President

Announced in Open Commission                                           Dated:21.11.2023                                                                                    Gurpreet Sharma.