Date of filing :19.12.2017
Judgment : Dt.02.01.2020
Mrs. Balaka Chatterjee, Hon’ble Member
This petition of complaint is filed under section 12 of C.P.Act, 1986 by Shri Shiba Prosad Chatterjee alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) (1) The Branch Manager, Axis Bank, Tollygunge Branch and (2) The Customer Care Service, Axis Bank.
Facts in brief are that the Complainant is a customer of Axis Bank Tollygunge Branch in respect of account being No.910010016433136 and obtained credit card bearing No.5305620001166 from the said Bank. The Complainant has stated that on 6.12.2016 while checking his mail box the Complainant came to know from a mail sent by one Ravi Pillai from Axis Bank Mumbai office intimating that transaction for Rs.99,009/- which had been made on 1.12.2016 through the said credit card from Mumbai and Delhi and the Complainant was advised to verify the said transaction and to intimate the Bank immediately. The Complainant has stated that he lodged written complaint on 7.12.2016 with the OP No.1 stating that the said transaction was not made by him or by any authorized person on behalf of him. The Complainant has further stated that subsequently received statement of account for the period from 26.5.2016 to 23.12.2016 in respect of the said credit card wherefrom he came to know that an amount of Rs.1,03,996.59 with minimum payment of Rs.5,000/- was remaining due to pay to the Bank. The Complainant has further stated that although he had not made the said transaction, still being an honest person, deposited Rs.99,200/- on the credit card account and after said payment was made another statement of account for the period 24.12.2016 to 25.01.2017 was received by him from the OP Bank informing the Complainant that an amount of Rs.84,867.41 was released in favour of the said account of the Complainant by the Bank admitting that the transaction of Rs.99,009/- had not been made by the Complainant on 1.12.2016.
It is stated by the Complainant that he destroyed the said credit card and submitted written complaint on 28.4.2017 as well as requesting the Bank to credit the said amount of Rs.84,867.41 to the Savings Account of the Complainant and on 22.6.2017 received a letter dt.15.4.2017 issued from the Mumbai Office of Axis Bank directing the Complainant to submit Passport pages, copy of credit card copy of FIR lodged with P.S. and receiving such direction, the Complainant lodged complaint with Netaji Nagar P.S. on 24.6.2017 and sent all the documents to the office of Axis Bank Mumbai as well as Ahmedabad on 28.6.2017 but to his utter surprise he received a letter dt.11.7.2017 from OP No.1 informing their inability to proceed further with the matter due to expiry of statutory period and, therefore, finding no other way the Complainant sending a letter dt. 24.7.2017 requested the OP to credit Rs.84,867.41 to his Savings Account.
It is further stated by the Complainant that a fresh demand was made for Rs.14,141.59 by the OP Bank and credit balance ofRs.84,867.41 was withdrawn and the OP No.1 deducted Rs.708/- on 20.7.2017, Rs.771/- on 19.8.2017, Rs.811/- on 20.9.207, Rs.850/- on 24.11.2017 and Rs.886/- on 18.11.2017.
It is specific allegation of the Complainant that in spite of admitting the fact that the transaction of Rs.99,009/- was not made by the Complainant and crediting Rs.84,867.41 to the account of the Complainant and thereafter debiting the said amount by the OP amounts to deficiency in service and unfair trade practice on the part of the OP and, therefore, by filing the instant consumer complaint the complainant has prayed for direction upon the OPs to credit Rs.84,867.41 to the savings account of the Complainant, to direct the OP not to deduct further amount from the account of the Complainant, to pay Rs.1,50,000/- towards compensation, Rs.50,000/- for unfair trade practice and Rs.25,000/- towards cost of litigation
The Complainant annexed photo copies of mail dt.1.12.2016, letter dt.7.12.2016 issued by the Complainant to the OP No.1, statements account, complaint made by the Complainant in prescribed form, credit card, letter issued from the end of OP No.2, F.I.R lodged with Netaji Nagar P.S., letter dt.28.6.2017, 24.7.2017 issued by the Complainant.
The OPs contested the case by filing written version and disputing all the allegations made out in the petition of complaint stating, inter alia, that the Complainant obtained credit card in April, 2013 and after expiry of said card renewed the same and as such a credit card bearing No.5305 6200 0145 1166 was issued by the Bank and as per agreed terms of the said card had been mentioned in the Card Member Agreement the Complainant opted for ‘auto-debit option’ from his Savings Account No.910010016433136 and the OP Bank sent transaction alert as well as monthly statement to the registered e-mail ID and registered Mobile No. of the Complainant. It is stated by the OP that on 1.12.2016 receiving request for multiple OTPs generation on the registered mobile No. of the Complainant the OP generated the OTP and transaction messages were sent to the said mobile No. and transaction alert was sent to e-mail address of the Complainant.
It is further stated by the OP Bank that receiving complaint from the Complainant the Investigation Department of the OPP Bank started investigation and requested the Complainant to submit some documents as per clause No.20.1 of Card Member Agreement but the Complainant failed to take any step and failed to submit the FIR as per clause 20.1 of the Card Member Agreement. It is further stated by the OP that as per policy of the Bank a temporary credit was given to the Complainant on 18.1.2017 only to avoid additional interest charges. But, the Complainant did not file required documents and, therefore, investigation process had to be stopped and the OPs took back the said amount accordingly prayed for dismissal of the case.
The OP annexed photocopies of credit card application form, PAN Card, Customer Accounts and Balances, Tele-calling report, Card Member Agreement.
Both the parties adduced evidence followed by cross examination in the form of questionnaire and reply thereto.
In course of argument both parties filed BNA. Ld. Advocate submitted that the Complainant never received any OTP on the fateful day and the card was blocked so the question of debiting charges could not be arisen and he placed reliance upon the decision of Hon’ble NCDRC reported in 2017(2) CPR 632 NC [State Bank of India VS Dr. J.C.S. Kataky.
Points for determination
- Whether there is deficiency in service on the part of the OPs
- Whether the Complainant is entitled to the reliefs as prayed for
Decision with reasons
Both the points are taken up together for comprehensive discussion and decision.
The Complainant has stated that some transactions made through the credit card of the Complainant amounting Rs.99,009/- on 1.12.2016 was intimated by Bank through e-mail but the Complainant noticed the same on 6.12.2016 and as per direction of one Ravi Pillai of Axis Bank Mumbai lodged complaint with the Axis Bank, Tollygunge Branch on 7.12.2016. It appears from annexure A to the petition of complaint that the OP Bank sent E-mail to the Complainant requesting him to verify the six transactions made through the Credit Card of the Complainant on 1.12.2017 and requested to reply immediately. It further appears from annexure B that the Complainant lodged complaint to the Branch Manager Axis Bank Tollygunge Branch on 7.12.2017. Credit Card Statement for the period 26.5.2016 to 23.12.2016 shows that an amount of Rs.1,04,009/- was remaining due to pay and statement for the period 24.12.2016 to 25.1.2017 shows that Rs.84,867.41 was remaining due. The Complainant has stated that the OP Bank sanctioned credit of Rs.84,867.41 to the credit card of the Complainant admitting that transaction amounting Rs.99,009/- had not been done by the Complainant and requested the OP to transfer said amount of Rs.84,867.41 to his Savings account. It appears from written version filed by OP that the credit amount of Rs.84,867.41 was credited to the credit card account of the Complainant only to avoid the issue regarding interest/charge to be accrued on the said account till completion of the investigation of alleged fraudulent transaction and there was no specific admission regarding role of third party initiated transaction.
The Complainant has alleged that he received no SMS regarding OTP generated in respect of transaction made on 1.12.2016 through the Credit Card bearing No.5305 6200 0145 1166.
However, it is noticed that the Complainant disputed and denied six transaction made through his credit card on 1.12.2016. It appears from statement of account that on the said date another transaction of Rs.5,000/- was also done but the said transaction was not denied by the Complainant, which suggests that on 1.12.2016 he received OTP from the Bank in respect of said transaction.
Admittedly, the OP Bank sent transaction alert on the e-mail of the Complainant requesting him to reply immediately regarding six transaction which the Complainant as claimed noticed only on 6.12.2016 which further suggests that the OP Bank being suspicious of receiving request for OTP generation on several times intimated the matter through the accepted/agreed process to the Complainant but it is the Complainant who failed to perform accordingly to protect his interest. Had the Complainant took necessary step in time then the dispute could be resolved at an earlier stage.
The Complainant alleged that the OP Bank deducted service charge from his account which is unfair trade practice since the credit card was blocked by the OP Bank on 1.12.2016 and therefore no transaction was made by the Complainant thereafter. It appears from Annexure A to the complaint petition that the credit card was temporarily blocked by the Bank for security reason and the OP Bank stated in their written version that the auto debit option availed by the Complainant has not been recalled by him and therefore when the account suffers from lack of sufficient balance/minimum balance the minimum due amount has been deducted from the account and same thing happen in this case. On perusal of documents on record, we do not find any document wherefrom it could have been evident that the Complainant recalled auto debit option.
The Complainant alleged that the OP Bank closed the investigation process as per clause 20.1 of Card Member Agreement but the said agreement has not been handed over to him at the time of issuing credit card. It appears from record that the Complainant who by profession Dy. Commissioner of Sales Tax, filed the FIR on 26.7.2017 challenging transaction dt.1.12.2016 as per clause No.20.1 of Card Member Agreement and failed to act as per clause 20.1 and the Card Member Agreement which is the agreed terms between the parties.
To sum up, an amount of Rs.99,009/- was paid through the credit card of Complainant on 1.12.2016. The OP Bank sent transaction alert and asked the Complainant to report immediately and blocked the said card temporarily for security reason on 1.12.2016. The Complainant filed written complaint to the Axis Bank Tollygunge Branch on 7.12.2016 and deposited Rs.99,200/- to his account. The OP Bank granted credit amount of Rs.84,867.41 to the credit card account of the Complainant and sent statement of credit card transaction and, thereafter, asked the Complainant to sent relevant document i.e. copy of FIR, Passport pages, etc. vide letter dt.24.6.2017 and the Complainant lodged FIR withlocal P.S. on 26.6.2017 and subsequently the Bank informed the Complainant that investigation had to be stopped or non-submission of documents as per Clause 20.1 of Card Member Agreement and took back the credit amount from the credit card account of the Complainant and deducted charges from the account of the Complainant for non-deposition of minimum required amount.
As regards the issues raised by the Complainant in respect of crediting Rs.84,867.41 by the Bank which according to the Bank was temporarily credited by the Investigation Department of the Bank as per policy of the Bank, we find no such information regarding ‘temporary credit’ has been given to the Complainant and, moreover, no such term/clause has been found in the Brochure/Card Member Agreement issued by the Bank. However, the Complainant came to know the Departmental investigation by the Bank only on 24.6.2017 but by that time the said amount ofRs.84,867.41 was debited by the Bank. It is evident that after lodging complaint with the OP Bank by the Complainant, the OP Bank credited Rs.84,867.41 which put the Complainant under impression that the OP Bank settled the matter by crediting the said amount. Under such state of affairs, we are of opinion that the OP Bank created the dilemma by crediting the said amount of Rs.84,867.41 and, thereafter reverting the same due to which the Complainant lost the opportunity to present his case before the Investigating Authority. In such view of the matter, we are of opinion that the Bank should credit the said amount to the credit card account of the Complainant.
Considering the circumstances, we are not inclined to allow other prayers except an amount of Rs.10,000/- towards cost of litigation.
Point Nos.1 & 2 are decided accordingly.
In the result the consumer complaint succeeds in part.
Hence,
ordered
That CC/704/2017 is allowed on contest in part with cost.
OP is directed to credit Rs.84,867.41 to the credit card account of the Complainant within two month and to pay Rs.10,000/- towards cost of litigation within said period.
