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CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, RAIPUR
Gautam Chourdiya, President and
Pramod Kumar Varma, Member
Branch Manager, Axis Bank
Call Centre Axis Bank and Anr. – Appellants
versus
Vijay Kumar Sahu – Respondent
First Appeal No.491 of 2024
Decided on 4.4.2025
Counsel for the Parties:
For the Appellants:Shri Prashant Gupta, Advocate
For the Respondent:Shri Pradeep Kaushik, Advocate
IMPORTANT POINT
Transactions – It is undoubtedly proved that the transactions in question were done by using OTP sent to the registered mobile number/email of the respondent/complainant and without sharing the same by the respondent/complainant himself the transactions could not have been possible.
Headnote:
Consumer Protection Act, 1986 – Section 15 [Consumer Protection Act, 2019 – Section 41] – Appeal – Services – Banking – Letters of Credit – No fault of Banker – When transaction done using OTP of registered mobile number – On facts, it is undoubtedly proved that the transactions in question were done by using OTP sent to the registered mobile number/email of the respondent/complainant and without sharing the same by the respondent/complainant himself the transactions could not have been possible – Therefore, the appellants/opposite parties Bank cannot be held in anyway responsible for any loss suffered by the respondent/complainant due to transactions in question. In fact both the transactions which are disputed in this matter by the respondent/complainant were secured two factor authenticated transactions done using PIN/OTP. Thus, learned District Commission has committed a gross error while allowing the complaint by the impugned order overlooking the copies of emails brought on record by the respondent/complainant himself, which deserves to be set aside – appeal allowed. [Paras 6 to 11]
Result: Appeal allowed.
ORDER
Gautam Chourdiya, President—This appeal is filed against order dated 15.05.2024 passed by District Consumer Disputes Redressal Commission, Korba (C.G.) (hereinafter called “District Commission” for short) in Complaint Case No.CC/2024/11, whereby the complaint was allowed with the directions that the complainant/ respondent is found not to be liable for the amount of Rs.4,51,255/- (Rupees four lakh fifty one thousand two hundred fifty five) transferred through fraudulent means from credit card No.4514570070703940 (earlier issued credit card No.4514570041359020) allotted to him by the opposite parties/ appellants and interest/penalty imposed thereon i.e. total Rs.5,66,142/- (Rupees five lakh sixty six thousand one hundred forty two) and is relieved from the said liability. The opposite parties/ appellants shall jointly and severally pay Rs.15,000/- (Fifteen Thousand) to the complainant/ respondent as compensation for financial and mental agony along with cost of litigation Rs.5,000/- (Five Thousand). The opposite parties/ appellants are imposed a penalty of Rs.10,000/- (Ten Thousand only) on account of professional misconduct which will be deposited in the account of “District Consumer Legal Aid” maintained in District Consumer Commission Korba within 30 days and they are directed that in future they will not repeat the act of unfair trade practice and gross professional misconduct with any of their consumers.
2. In nutshell the facts of the case are that on the date of incident 19.11.23 at 13.23 pm, a message was received on the mobile/email of the complainant/ respondent through which it was learnt that the credit card No.45145700-41359020 was hacked and Rs.4,14,831/- was deducted from it at 1.23 pm and Rs.36,424/- at 13.25 pm i.e. total Rs.4,51,255/- was transferred to a unknown person Reliance BP Mobile SBI. Then the complainant/ respondent immediately lodged a complaint at 1.40 pm on the call center number 18604195555 mentioned on the back of the Axis Bank credit card upon which complaint of the complainant was registered as complaint number SAK 000020-86928. Information regarding filing of the complaint was also given on the mobile/email ID of the complainant. That on 19.11.23 at 1.40 pm, the credit card account of the complainant/ respondent was blocked by the call center of the opposite party Axis Bank and the savings account of the complainant/ respondent was also blocked and it was said that your money is safe, the amount has not been transferred yet, it is in process, the amount will be refunded to your account within 24 hours. On 19.11.23 at 2.10 pm, a message of refund of Rs.4,51,255/- was also received and the complainant/ respondent was assured that the amount is safe. The account of the complainant was closed by the opposite party Axis Bank and the credit card was cancelled and a new credit card was issued immediately, which was informed to the complainant/ respondent in his mobile/email and the complainant/ respondent has received the new credit card also.
3. On the second day of the incident, on 20.11.2023, at 4.44 pm, when the complainant/ respondent opened his mobile/email ID, he got a message that due to OTP being passed, an amount of Rs.4,51,255/- has been withdrawn from his account. The complainant/ respondent was kept in the dark for 26 hours by the call centre of the opposite parties/ appellants Axis Bank, due to which a total of Rs.4,51,255/- was transferred from his account, for which the employees of call centre of opposite parties/ appellants are responsible. Alleging the above act of the opposite parties/ appellants as deficiency in service complaint was filed before District Commission seeking total compensation of Rs.5,51,255/- on different heads including Rs.4,51,255/- fraudulently transferred to unknown person.
4. The opposite parties/ appellants did not appear before the District Commission even after proper service of notice, hence the complaint was proceeded ex-parte against them and wr
