Delhi

New Delhi

CC/277/2016

Vijay Kumar Kapoor - Complainant(s)

Versus

M/S. Standard Chartered Bank - Opp.Party(s)

06 Mar 2018

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                           NEW DELHI-110001

 

 

Case No.C.C./277/2016                                                  Dated:

In the matter of:

Vijay Kumar Kapoor

R/o 125-B, Gautam Nagar,

New Delhi-110049                                                   …… Complainant

 

 

 

Versus

 

Standard Chartered bank

19, Rajaji Salai,

Chennai -600001

(having office at)

Sansad Marg, New Delhi-110001

……. Opposite party

 

 

ORDER

H.M. VYAS, MEMBER

          

The  gist of  the complaint is that the OP is deficient in services on account of initially providing non compatible Pin number of the credit card and on continuous persuasion   delayed in providing the compatible Pin number for 31 days.  The Op issued/ replaced the   credit card on complainant’s request on 2/2/15 and got the PIN number on 5/3/15 which was not compatible and not accepted by the system causing humiliation  at petrol pump (for refueling the car) due to failure of the transaction.  The agony was addressed to the Regional Chief Executive Sh. Sunil Kaushal through speed post.  The complainant states to have visited the office of OP on various dates.  Formal representation to the Ombudsman was sent on 25/4/15 who sacrificed the same without following the principles of natural justice.   The compatible PIN number was received on 20/3/15.  Following prayer is made :-

1. Penalise the Defaulting Bank suitably, and to grant
2. Monetary relief to the complainant, as deemed fit:

 

1. For the deficiency in service resulting in non-utilisation of the said credit card by the complainant for over 48 days, and also

 

2. For the massive inconvenience caused in following up the issue by visiting the Sansad Mard Branch of the defaulting Bank n :- 28/1, 06/2, 13/2,24/2,03/3,09/3 and 14/3 (2015), and

 

3. Mental agony caused and Humiliation felt on 05/03/2015 when the Credit Card did not respond to Non-Compatible Pin Number supplied by the defaulting Bank.

The OP was noticed and filed the version/ written statement opposing the complaint and denied all the allegation made against the OP.  It is stated that the complainant entered incorrect PIN and therefore, the transaction failed.  The complainant could have generation new PIN code through internet banking   and the procedure was apprised tot the complainant by the customer representative of the OP bank.  It is stated that the complaint is misconceived and is liable to be dismissed.  OP has however, listed some declined transaction allegedly due to incorrect PIN number in the version.  The complainant filed rejoinder denying the text contrary to the averments made in the complaint.  Affidavit in evidence was filed by both the parties supporting their respective averments.  Both the parties addressed oral arguments.

We have given due consideration to the material placed before us and the arguments with relevant provisions of law.  It is not in dispute that the complainant was using the credit card and made a request for replacement.  The OP replaced the credit card by issuing a new one.  The allegation of declined transaction made by the complainant is also not disputed but on account of entering incorrect PIN number.  It is also not disputed that the credit card became functional after issuing the new PIN number which was compatible with the credit card. The date of issuance of the PIN at a later date is also not disputed.  From these facts it is clear that there exists delay on the part of the OP in providing the replaced credit card and the PIN number to make it operational.  The argument that the complainant was informed the procedure to create new PIN clearly shows that the PIN supplied earlier was not compatible.  Thus we are of the considered view that there is deficiency in service on the part of the OP  which caused some embarrassments to the complainant.  The total alleged delay is of 48 days.  Holding the OP to be deficient in service we award a sum of Rs. 5,000/- in favour of the complainant.  The OP is directed to pay the said amount within 30 days from the date of receipt of this order failing which simple interest @ 10 % p.a. shall be payable after the specified period till the date of payment to the complainant.    

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on      06/03 /2018. 

 

The orders be uploaded on      www.confonet.nic.in.

 

File be consigned to record room.

 

 

  (ARUN KUMAR ARYA)

                                  PRESIDENT

 

       (NIPUR CHANDNA)                                                               (H M VYAS)

                                MEMBER                                                                           MEMBER