Delhi

East Delhi

MA/145/2022

ASHOK NARULA - Complainant(s)

Versus

SBI CARDS & PAYMENT SERVICES LTD. - Opp.Party(s)

06 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 583/2022

 

	Ashok Narula R/o 262 Jagriti Enclave, Delhi-92	….Complainant
Versus
1	SBI Cards and Payment Services Ltd. DLF Cyber City, Tower City, Block-2, Building 3, DLF Infinity Towers, 12th Floor Gurugram, Haryana-122002	……OP1
2	The Manager, State Bank of India C-61, Anand Vihar, Vikas Marg, Delhi-92.	……OP2

 

                  

Date of Institution: 11.11.2022

Order Reserved on:06.01.2023

 Order Passed on: 06.01.2023

                  

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms.Rashmi Bansal(Member)

 

Order by : Sh. Ravi Kumar (Member)

 

ORDER

 

          By way of this Order, this Commission shall dispose off Miscellaneous Application (MA) no. 145/2022 filed by the Complainant w.r.t. interim relief for restraining the OP1 not to pressurize him with the payment of disputed amount during the pendency of the proceedings. 

          Brief facts of the matter are that the Complainant, a senior citizen, has filed complaint against the OPs wherein he has contended that he is Credit Card holder of Card no.5241 8264 3434 0101 issued by OP1 and on 25/09/2022 while he was trying to redeem Reward Points On-line, his system was hacked and there was unauthorized debit usage of Rs. 92115 and Rs. 97232.50 via Paytm and all this happened within 5 minutes time period. While this was happening, the Complainant noticed one cursor type indication at bottom side of his mobile and he got suspicious however by the time he would have reacted these debit entries were successfully done, thereby committing fraud on him.

          25/09/2022 being Sunday, he informed SBI Branch Anand Vihar (OP2) on 26/09/2022 and he also filed written compliant besides filing online FIR on 26/09/2022. The matter is under investigation by the Police (Cyber Crime).

          The Complaint Case was admitted on 11/11/2022 and notice was issued to the OPs.

          On 14/12/2022 Ld. Counsel for OP1 appeared and reply was to be filed by OP1 as per law. OP2 was also served on 23/11/2022.

          None of the OPs have filed their reply till date.

          In the meanwhile, Complainant filed MA No. 145/2022 seeking relief on account of messages and reminder calls using bad language he was receiving on account of the outstanding amount of Rs. 202612/- for payment on his Credit Card. 

          The said MA was taken up  for hearing on 22/12/2022 and notice issued to OPs which was served on the OP and the matter was listed on 02/01/2023 however no reply to this application was filed by the OP1 & OP2 and matter was reserved for order on MA 145/2022 on 06/01/2023.  

          This commission has perused the documents filed along with the MA 145/2022 by the Complainant and without going into the merits of the complainant case at this stage, Commission is of the opinion that when the notice has been issued to both the OPs on the Compliant Case as well as MA 145/2022 filed by the Complainant to which no reply has been filed by either of the OPs then in this situation it would have been appropriate for OPs (particularly OP1 as the monthly statement as well as reminders are issued by them for paying the disputed amount to the Complainant) to restrain themselves in reminding the Complainant to make the payment of the disputed amount when the matter is sub-judice before this Commission.

          In view of the above, this Commission restraint OP1 and OP2 in initiating any recovery steps towards the payment of the disputed amount or sending reminders by way of Email and other electronic modes including telephone calls to the Complainant, till next date of hearing before this Commission.

          MA 145/2022 stands disposed off with the above directions.

          List the matter on 01/02/2023 for further proceedings.