ORDER

02.05.2024

Sh. Sanjay Kumar, President

1. In brief facts of the present case are th8i/k9o 0pvc .pn jopbat complainant is the consumer and user of credit card issued by respondents vide card no.4377486995680038 since last 6 years. It is stated that complainant has been making payment each and every payments/dues on time before due dates. It is stated that OPs are issuer of credit card and the company has its registered office at DLF Infinity Towers, Tower C, 12^th Floor Block 2, Building 3, DLF Cyber City Gurgaon-122002 (Haryana) India and branch office at Unit 401 & 402 4^th floor Aggarwal Millennium Tower, E1,2,3, Netaji Subhash Place, Wazir Pur, New Delhi 110034.
2. It is stated that on 26 & 27 Feb 2015 series of fraudulent transactions were reported to have been done from complainant’s credit card and a total amount of Rs.93037/- is now being claimed by  the respondents from the complainant as per their communication dated 31^st march 2016. It is further stated that payment overdue notice and statement consisting of fraudulent transactions is filed on record. It is further stated that immediately on noticing the aforesaid transactions, the complainant telephonically  informed the respondents helpline no.18601801290 and was assigned reference no. 1-733413150. It is stated that the  complainant also informed the OP through mail dated 03.03.2015 mentioning all the details of such transactions on the said credit card.
3. It is stated that despite making complaints to the OP through mails as well as telephonically no redressal/action taken by the OPs till date. It is further stated that the despite getting the card blocked the complainant was continuously receiving messages about more such attempts being made. It is further stated that this was  also apprised to the OP through mail dated 16.03.2015 but instead of taking any action or reversing the fraudulent transactions the customer care of OP replied stating that “transactions dated 27.02.2015 has not yet been confirmed by the concerned merchant. It is stated that OP inform that complainant would be informed about the transaction gets cancelled automatically, in case the same is not confirmed within 21 days from the date of debit than OP would request to complainant that in case the above mention transaction get confirmed. It is stated that complainant may raise the dispute for same, if not satisfied with the response and can write to Nodal Officer, Customer Service at Nodal
4. It is stated that in furtherance of the reply/suggestion and course of action by the OP, complainant also wrote mail dated 31.03.2015 to the Nodal Officer of the OP stating all the facts of the fraudulent transactions and requesting for issuing the new card for safety against the continuing attempts being made by the miscreants on the blocked card but no response received till date. It is further stated that despite making several mails to the customer care/nodal officer and lodging several telephonic complaints, OP paid no heed to the request of the complainant and neither reversed the fraudulent transactions nor issued new card which amounts to deficiency in services on the part of OP. It is stated that complainant has also lodged a criminal complaint with the local police regarding the fraud transactions on 27^th Feb. 2015. Copy of complaint is filed on record.
5. The complainant is seeking direction to OP to reverse the transaction done on the card no.486995680038 on 26 & 27 Feb.2015 being false and fraudulent transactions, to recall the notice for overdue payment dated 31^st march 2016 raised on complainant for payment, billing error be corrected and any finance charge and fees associated with the disputed transactions charge be credited to the complaint’s account and an accurate statement be mailed to him with no overdue certificate, to pay compensation and litigation charges amounting to Rs.50,000/- and Rs.11,000/- for harassment and mental agony and any  other order which deems fit and proper.
6. OPs filed WS and taken preliminary objections that no cause of action has arisen in favor  of complainant to file the present complaint, which prima facie has been filed by the complainant with the intention to malign the reputation of the respondent and to escape his liability under the card facility availed by him from respondent. It is stated that the respondent has not provided any deficient services to the complainant and also has not at all indulged into any unfair trade practice as alleged, therefore, the present complaint is liable to be dismissed.
7. It is stated that  the complainant has not come before this Hon’ble Forum with clean hands and is guilty of misrepresenting and concealment of material facts. It is further stated that the allegations leveled in the present complaint are false and baseless, which are  prima-facie not maintainable and as such the complaint is liable to be rejected upfront. It is further stated that the complainant has concealed  that there are communications sent to the complainant by the respondent stating the current and actual status of reversal of the alleged transactions on his card. The communications placed on record before this Hon’ble Forum alongwith present reply will bring out the malafide intention of the complainant.
8. It is stated that as there is no deficiency in the services provided by the respondent company to the complainant and also respondent company has not indulged in any unfair trade activities. It is further stated that complainant admittedly did not inform the respondent about the alleged transactions of 26.02.2015, if complainant suspected those on receipt of messages from respondent, therefore, it is evident that complainant is now trying to wrongfully gain from the respondent and therefore the present complaint is liable to be dismissed.
9. OP also stated preliminary submissions. It is stated that complainant was using credit card bearing no.0004377486995680038 issued by respondent. It is further stated that on 27.02.2015 at 07:17 am suspected some fraudulent transaction and the card of complainant was blocked by the respondent. On the same day at about 01:38 pm the respondent received complaint from complainant regarding some suspected fraudulent transactions. It is further stated that there were several transactions on the said card on the said date which were declined because the card was blocked.
10. It is stated that complainant made complaint with the respondent on 03.03.2015 about certain transactions  done on 27.02.2015 to which the respondent and informed him the correct facts. It is further stated that complainant informed the respondent on 16.03.2015 about other fraudulent transaction attempts being made through his blocked card and also made request for issuance of new card. It is further stated that in response to same the respondent called upon the complainant to provide relevant details and replacement fee so that card may be issued. It is stated that as per complainant’s email dated 22.04.2015 the complainant was duly aware of  the dispute, however, complainant raised for the first time his dispute through dispute forum only.
11. It is stated that the transactions dated 27.02.2015, 01.03.2015, 03.03.2015, 04.03.2015 and 10.03.2015 the concerned merchant directly credited  the amount in complainant’s account, therefore, respondent closed the dispute with regard to certain transactions and informed the complainant vide letter dated 02.09.2015. It is further stated that for certain transactions the respondent initiated retrieval request with the acquiring bank and posted temporary credit on complainant’s account. It is further stated that the respondent received the charge slip from acquiring bank post retrieval request and since case was identified as suspected skimming, therefore, as per  process the respondent had sent mail communication to complainant for providing skimming documents by interaction ID I-4467397851 and I-4598086264, however, the complainant did not provide the required documents within the stipulated time, therefore, respondent closed the dispute on complainant’s liability.
12. It is stated that respondent made several follow up with the complainant and communicated the facts to the complainant through letter dated 25.01.2016 and through email interaction ID I-45980626. It is stated that the respondent has taken all endeavors to redress the complainant and provide the best services but complainant has concealded the facts with ulterior motive therefore, present complaint is liable to be dismissed.
13. On merit respondents denied all the allegations and reiterated contents of preliminary objections and submissions.
14. Complainant filed rejoinder to the WS of respondents and denied all the allegations made therein and reiterated contents of the complaint. It is stated that complainant was complaining regarding the fraud transaction being done only on 26.02.2015 and 27.02.2015. It is stated that complainant is entitled to all the reliefs claimed in the complaint.
15. Complainant filed evidence by way of his affidavit and reiterated contents of the complaint. Complainant relied on statement dated 22.03.2015 Ex.CW1/1, copy of mail dated 03.03.2015 Ex.CW1/2, mail from SBI care dated 31.03.2016 Ex.CW1/3 (colly.), copy of complaint to police station Keshav Puram Ex.CW1/5, copy of complaint dated 02.09.2015 Ex.CW1/6 and copy of details of SMS received on mobile no.9868981991 Ex.CW1/7 (there is no document marked as Ex.CW1/4 by complainant).
16. OP filed evidence by way of affidavit of Sh. Punit Babbar Attorney of SBI Cards and Payments Services Pvt. Ltd. In the affidavit contents of WS reiterated. OP relied on copy of power of attorney Ex.RW1/1, copy of letter dated 02.09.2015 Ex.RW1/2 and copy of charge slip and letter dated 25.01.2016 Ex.RW1/3 (colly).
17. Written arguments filed by complainant as well as OP.
18. We have heard complainant in person and Ms. Kashika Singhal counsel for OP and perused the record.
19. It is admitted case of the parties that complainant is a consumer of OP and user of credit card no.4377486995680038 for about six years prior to filing  of the  present complaint. It is further admitted case of the parties that on 26 and 27 February 2015 fraudulent transactions were done for some foreign country through the credit card of complainant amounting to Rs.93,037/-. The OP  in the detailed WS admitted that on suspicion of some fraudulent transactions the card of the complainant was blocked. The complainant duly informed to the OP on helpline and  also mentioned  the reference no.1-733413150 telephonically, thereafter, through email on 03.03.2015. A police complaint also lodged by complainant on 27.02.2015. The OP when within knowledge of fraudulent transactions closed the dispute on 02.09.015. Thereafter OP  taken the stand that complainant did not provide the required documents within stipulated time, therefore, liability shifted to complainant. The complainant filed several  emails in this regard. Although OP through email everytime assured to investigate and resolve the dispute at the earliest but did not take appropriate steps to resolve the dispute. The complainant also sent scanned copy of  passport and SBI card as per emails filed on record by complainant. The complainant also raise the dispute vide filing dispute form with the OP. In these circumstances where it is established  that OP from the day of fraudulent transactions well within the knowledge that complainant did not use the credit card for the alleged transactions and immediately taken all the steps and lodged the complaint. The OP also blocked the card. In our considered view that complainant cannot be fastened with the liability of fraudulent  transactions, therefore, the liability of  93,037/- is unjustified and arbitrary. The complainant is not liable to pay any amount of fraudulent transactions dated 26 and 27 February 2015. In our considered view the notice dated 31.03.2016 is illegal, arbitrary and unjustified.
20. On the basis of above  observation and discussion the complainant established deficiency of service on the part  of OP. We  direct OP to reverse the transactions dated 26-27.02.2015 being fraudulent transactions and withdraw the notice of overdue of 31.03.2016 and issue  a correct statement to the complainant. We further direct OP to pay compensation of Rs.10,000/-. We further direct the OP to comply this order within 30 days from the date of receipt of this present order. In case of default OP is directed to pay interest @ 9% per annum on compensation of Rs.10,000/- till realization. File be consigned to record room.
21. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  02.05.2024.

SANJAY KUMAR                     NIPUR CHANDNA                       RAJESH

       PRESIDENT                             MEMBER                                MEMBER