AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR Date of Institution: 24/07/2024 Date of Final Hearing: 07/03/2025 Date of Pronouncement: 04/04/2025 APPEAL No.- FA/24/491 IN THE MATTER OF :

1. Branch Manager, Axis Bank Call Centre Axis Bank, Korba, Near Vikas Complex, Main Road, Korba Dist. Korba (CG) … O. P. No.1/Appellant No.1.

2. Managing Director, Axis Bank Call Centre Axis Bank Limited, Corporate Centre, Warli, Mumbai (Maharashtra) … O. P. No.2/Appellant No.2.

Both through: Shri Prashant Gupta, Advocate Vs.

Vijay Kumar Sahu, S/o. Shri M. S. Sahu, R/o. Indira Market, Balco, Police Station Balco, City Korba, Dist. Korba (CG) … Complainant / Respondent Through: Shri Pradeep Kaushik, Advocate CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT: -

Shri Prashant Gupta, Advocate for the appellants.

Shri Pradeep Kaushik, Advocate for the respondent.

O RDE R

PER: - JUSTICE 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.4514570041359020 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 00002086928. 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