w w w . L a w y e r S e r v i c e s . i n



Dr. S. Praveen Kumar v/s The Senior Manager, Credit Card Division, ICICI Bank, Hyderabad


Company & Directors' Information:- ICICI BANK LIMITED [Active] CIN = L65190GJ1994PLC021012

Company & Directors' Information:- G N B CREDIT PVT LTD [Amalgamated] CIN = U65929WB1990PTC048201

Company & Directors' Information:- PRAVEEN INDIA LTD . [Active] CIN = L21029WB1983PLC036326

Company & Directors' Information:- R G CREDIT PVT LTD [Active] CIN = U65992WB1992PTC056496

Company & Directors' Information:- A P CREDIT PVT LTD [Active] CIN = U65993WB1993PTC060229

Company & Directors' Information:- M B CREDIT PVT LTD [Amalgamated] CIN = U67190WB1990PTC048536

Company & Directors' Information:- H S CREDIT PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC044366

Company & Directors' Information:- S M CREDIT CO PVT LTD [Strike Off] CIN = U67120WB1969PTC027496

Company & Directors' Information:- PRAVEEN & COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1999PTC098397

    First Appeal No. 1089 of 2013 Against CC No. 1121 of 2011

    Decided On, 24 November 2017

    At, Telangana State Consumer Disputes Redressal Commission Hyderabad

    By, THE HONOURABLE MR. JUSTICE B.N. RAO NALLA
    By, PRESIDENT & THE HONOURABLE MR. PATIL VITHAL RAO
    By, JUDICIAL MEMBER

    For the Appellant: M/s. V. Venkateswara Rao, Advocate. For the Respondent: R1, M/s. S. Nagesh Reddy, Advocate.



Judgment Text

Oral order: (B.N. Rao Nalla, President)

1) This is an appeal filed under Section 15 of the Consumer Protection Act by the complainant praying this Commission to set aside the impugned order dated 07.10.2013 made in CC No. 1121 of 2011 on the file of the District Forum II, Hyderabad and allow the appeal.

2) For the sake of convenience, the parties are described as arrayed in the complaint before the District Forum.

3). The case of the complainant, in brief, is that he is having Credit card of the opposite party bank bearing No. 4629 8643 7730 3005 from the past five years with the credit limit of Rs.71,000/-. When he received Credit Card statement on 13.09.2001, he noticed that on 21.08.2001 a transaction of amount of Rs.27,854/- was done through online at www.ebay.com and on 24.08.2011 from the same website an amount of Rs.12,394/- was transacted and another transaction on 24.08.2011 for Rs.388.65. These transactions were not done by him. When he contacted customer care, two of the said transactions were cancelled and the amount got credited back to his account. i.e., on 24.08.2011 for the amount of Rs.12,394/- and Rs.388.65 but the opposite party demanded him to pay the transaction dated 21.08.2011, i.e., for a sum of Rs.27,854/-. Then he filed police complaint, the police registered the same as FIR and investigation is pending. Even then, the opposite party used to send its collection agents to his office and used to threaten and demand to pay Rs.27,854/- along with interest and penal interest. Hence the complaint to direct the opposite party not to send its collection agents to his house for demanding Rs.27,854/- along with interest and penal interest which was not utilized by him and not to put his name in the CIBIL, to pay compensation for causing mental agony and harassment by the men of the opposite party bank and costs.

4) The opposite party opposed the above complaint by way of written version and contended that it is the responsibility of the complainant to pay the said due amount to them as per the terms and conditions governing the credit card. It is pertinent to mention that the opposite party is responsible and duty bound to protect the interests of its depositors and investors, who have reposed their faith and trust in the opposite party bank by maintaining the balance between its assets and liabilities. It is true that the banking Ombudsman rejected the application of the complainant. As the said transaction has been done by using the confidential details of the complainant and the said details are known to the complainant only and not any other person, unless and otherwise, the same was revealed by him to any other person and the opposite party bank could not detect anything abnormal in the said transaction as it was a clear cut transaction as per the data and records of the complainant. As per the guidelines of the Reserve Bank, sending the data of the customer/complainant to CIBIL is mandatory. The 3D Secure PIN is purely personal and only the card holder is privy to it and it cannot be known to anybody else unless it was compromised or revealed by the card holder and the Card holder is solely responsible for the safety of his credit card and personal 3 D secure PIN. The opposite party is not responsible for the same. There is no deficiency in service on their part and prayed to dismiss the complaint.

5) During the course of enquiry before the District Forum, in order to prove his case, the complainant filed his evidence affidavit and got marked Ex.A1 to A-14 and the Opposite Party filed evidence affidavit and no documents were marked on their behalf. Both sides filed their respective written arguments. Heard both sides.

6) The District Forum, after considering the material available on record, dismissed the complaint.

7) Aggrieved by the said order, the unsuccessful complainant preferred this appeal before this Commission.

8) Heard the counsel for the respondent and he also filed written arguments. Despite giving sufficient time, the appellant did not choose either to advance oral or file written arguments.

9) The points that arise for consideration are,

(i) Whether the impugned order as passed by the District Forum suffers from any error or irregularity or whether it is liable to be set aside, modified or interfered with, in any manner?

(ii) To what relief ?

10). Point No.1 :

There is no dispute that the appellant/complainant is the Credit Card holder of the opposite party bank bearing No. 4629 8643 7730 3005 from the past five years with the credit limit of Rs.71,000/-. The contention of the appellant/ complainant is that he received Credit Card statement on 13.09.2001 and he noticed that on 21.08.2001 a transaction of amount of Rs.27,854/- was done through online at www.ebay.com and on 24.08.2011 from the same website an amount of Rs.12,394/- was transacted and another transaction on 24.08.2011 for Rs.388.65. These transactions were not done by him. When he contacted customer care, two of the said transactions were cancelled and the amount got credited back to his account. i.e., on 24.08.2011 for the amount of Rs.12,394/- and Rs.388.65 but the opposite party demanded him to pay the transaction dated 21.08.2011, i.e., for a sum of Rs.27,854/- which was not returned. On the other hand, the respondent/opposite party bank while admitting two of them were given credit by the merchant establishments directly on the same date itself, the reasons are not known even to the respondent/opposite party and the said transactions and its reversal by the merchant establishments are recorded automatically in the system and hence there is no scope for the respondent/opposite party to know as to why the said reversals were made by the said merchant establishments. The respondent/opposite party admitted police registered FIR 275/2011 vide Ex. A-13 on the basis of the complaint lodged by the appellant/complainant. The main rebuttal of the counsel for the respondent Bank is that the transaction dated 21.08.2011 for Rs.27,854/- has undergone a 3D secure authentication, which is a second level authentication specifically built in for online transactions done through merchant websites and apart from the card verification, the personal six digit 3D secure PIN is also required for effecting the above transaction and therefore the said transaction should have been done by the appellant or any other person who is aware of the above details and they could not find any abnormality in the said transaction. The appellant/complainant through e-mail dated September 24th, 2011 clarified that he never bought anything online and did not make any transaction and requested the respondent bank to enquire the details of the transaction with regard to ebay people, purchase of the product and the delivery address etc. It is already admitted by the respondent Bank that the said transaction was done by third party and for which they are not responsible. It is not known as to how the bank changed the appellant’s mobile contact number without his knowledge. Admittedly, the transaction was committed fraudulently by somebody. If the personal six digit 3D secure PIN was disclosed to the third party, it is un-understandable as to how the amounts of the remaining two transactions were returned. Since the said transaction was alleged to have been carried by some third party and the police compliant was already given by the appellant/ complainant and it is pending for investigation and the respondent bank promised to cooperate with the police in their investigation into the fraud and further the said transaction was done from the secret codes of their bank and some details were already disclosed it is for the respondent bank to trace the fraudster and get back the same by following due procedure of law. If it is proved that the appellant/complainant is the fraudster through investigation, then they can take the said amount with all necessary charges incurred by them from him and also legal action against him. Until then, they should not take action against the appellant/complainant to the extent of the amount in dispute. Further, harassing him to pay the said amount by using men and force is highly deplorable. We are coming across this type of frauds in internet banking without knowledge and consent of the account holder by hackers by using sophisticated methods in obtaining the PIN and withdrawing the amounts from the accounts.

11). After considering the foregoing facts and circumstances and also having regard to the contentions raised on behalf of the appell

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ant/complainant and the respondent/opposite party, we are of opinion that the respondent Bank has to trace the fraudster and extract the said amount along with the necessary charges from him by following due procedure of law and until then, they should restrain from demanding the amount of Rs.27,854/- from the appellant. The District Forum without going to the correspondence made by the parties dismissed the complaint and hence the appeal is liable to be allowed. 12). Point No. 2 : In the result, the appeal is allowed and consequently the complaint is allowed in part directing the respondent/opposite party bank to trace the fraudster and extract the fraud amount of Rs.27,854/- along with all necessary charges incurred by them and until then, they should restrain from demanding the amount of Rs.27,854/- from the appellant/complainant and sending any collection agents to the extent of this amount. There shall be no order as to costs.
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