District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.278/2021

 Date of Institution: 01.06.2021.

Date of Order: 14.11.2023.

Yunush Khan son of Shri Gulam Mohammad, R/o House NO. 89/01, Nichalla Mohalla, Near Madina Masjid, Village & Sub Tehsil Dhauj, District Faridabad, Haryana.

                                                                   …….Complainant……..

                                                Versus

M/s. RBL Bank Ltd., Branch: SCOO No. 101, Sector-16, Shop NO. G-01 to G-05 & G-09 to G-10, Sector-16, Faridabad – 121002 through its Branch Manager/principal Officer.

                                                                   …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:                   Sh.  Abdul Waheed,  counsel for the complainant.

                             Sh.  Jitender Kumar Gumbar, counsel for opposite party.

ORDER:  

                             The facts in brief of the complaint are that  the complainant

availed the credit card facility of the opposite  party bearing No. 5243 7364 0320 6654. The complainant received messages from RBL about unsuccessful transactions from said credit card, as the complainant was a layman and simple villager, ignored the said messages.  After few minutes, the complainant received telephonic call from mobile NO. 9871825473 and introduced said caller to be Executive of RBL Credit Card branch and enquired about such messages and the complainant narrated the sad fact and said caller to resolve the grievance of the complainant received information about said messages and credit card number, thereafter, the said caller enquired CVC number, then the complainant felt some suspicion and he refused for the same, but in the meantime, the complainant received message from RBL/opposite party regarding debit/deduction of Rs29,499/- from the said credit card.  The complainant immediately informed the opposite party on its customer care number and narrated the fact and on the advice of executive of opposite party.  The complainant blocked the said credit card. The complainant personally visited the branch of the opposite party for his grievances but the officials of the opposite parties told the complainant firstly report the matter to the police and then to make complainant to the opposite party.  Accordingly, the complainant reported the matter to the police of P.S. Cyber on 11.05.2021 vide acknowledgement NO. 21305210078454 and submitted the said report to the opposite party alongwith application with a request to refund the said amount.  The officials of the opposite party assured that the said amount would be disbursed/adjust within 45 days through messages,  Thereafter, the complainant sent his grievances through email to the opposite party and the opposite party repudiated the claim of the complainant vide email dated 14.0-5.2021 on flimsy ground and till date the opposite party had not resolved the grievances of the

complainant. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                pay/disburse the above said amount of Rs.29,499/- which had been illegally deducted from the account of above said credit card of the complainant alongwith interest @ 18% p.a.

b)                Not to charge/impose any penalty on the said fraudulent transaction.

 c)                pay Rs.50,000/- as compensation for causing mental agony and harassment .

d)                 pay Rs. 11,000 /-as litigation expenses.

2.                Opposite party  put in appearance through counsel and filed written statement wherein Opposite party  refuted claim of the complainant and submitted that  the complainant had  come before this Commission with unclean hands and had concealed true and correct facts to distort and misrepresent true and correct facts and circumstances because it was the complainant who either made a purchase through his credit card or the complainant shared the details of the credit card, CVV and OTP for the purpose of transaction.  The said transaction was OTP/CVV based transaction which was only within the knowledge and possession of the complainant and the complainant had never alluded that the complainant was not having the knowledge of CVV/OTP information.  Hence, the complainant was liable to reimburse the opposite party for said transaction. Opposite party  denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The parties led evidence in support of their respective versions.

4.                We have heard learned counsel for the parties and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties–M/s. RBL Limited with the prayer to: a)  pay/disburse the above said amount of Rs.29,499/- which had been illegally deducted from the account of above said credit card of the complainant alongwith interest @ 18% p.a. b)    Not to charge/impose any penalty on the said fraudulent transaction. c)          pay Rs.50,000/- as compensation for causing mental agony and harassment . d)    pay Rs. 11,000 /-as litigation expenses.

                   To establish his case the complainant  has led in his evidence, Ex.C-1/A – affidavit of Yunush Khan, Ex.C-1  - copy of credit card, Ex.C-2 to 4 – message of blockage card,  Ex.C-5 -  copy of complaint, Ex.C-6 – letter to RBL Bank, Ex.C-7 & 8 -  amount will be disbursed/adjust within 45 days through messages, Ex.C-9 & C-10 – email.

On the other hand counsel for the opposite party strongly agitated

and opposed.  As per the evidence of the opposite party Ex.RW-1 – affidavit of Mayank Kumar  Authorized representative of the opposite parties, Building NO.1 Okhla Phase III, Near Modi Mill, New Delhi., Ex.RW-1A – power of attorney,, Ex.RW-1/B – power of attorney.

6.                It is evident from email dated 14.05.2021 that at the time of making the  complaint that transactions dated 10.06.2021 are OTP enabled online successful transactions.  Hence, the complainant is liable to pay for such transaction as the following details are required:- credit card number, expiry date, CVV and the One Time Password (OTP) for validation of the transaction which

were available only with the cardholder and only after same were shared by the cardholder the said transaction got completed.  Keeping in view of the above, there is no deficiency in service on the part of the opposite party.  Hence, the complaint is dismissed.  Copy of this order be given to the parties  concerned free of costs and file be consigned to record room.

Announced on:  14.11.2023                                 (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                (Indira Bhadana)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.