STATE BANK OF INDIA Vs. RAMESH KUMAR NAROOLA

JUDGEMENT

(1.) The necessary facts in brief for disposal of the present petition under Article 227 of the Constitution of India are that respondent no. 1 had filed a suit for declaration and permanent injunction against the petitioner and respondent nos. 2 to 5 tilted as 'Ramesh Kumar Naroola vs. State Bank of India and Ors.' in suit no. CS/DJ/32/2021.

(2.) Respondent no. 1 has averred in the suit that he was holding the credit card issued by the petitioner Bank for over 15 years. On 21/5/2020, two unauthorized payments were debited from the said credit card, a sum of Rs.46,458.99 was remitted to 'No Broker Technologies' and on the same day a sum of Rs.47,104.00 was again debited to the aforesaid order and remitted to 'Housing.com' and in both these instances, the OTP required to authenticate the transactions was received after the amount was debited. The respondent no. 1, wrote two emails on 21/5/2020 and 23/5/2020 respectively and requested the respondents to take the necessary action on aforesaid mentioned debit entries on the credit card of respondent no. 1.

(3.) Acting upon the same, the credit card of respondent no. 1 was blocked and a new credit card was issued to him. It is further averment of respondent no. 1 that even before the new credit card had reached, two more payments were affected to the same payee on 24/5/2020 for a sum of Rs.46,359.00 which was remitted to 'No Broker Technologies' and a sum of Rs.48,142.13 was remitted to 'Housing.com". Respondent no. 1, thereafter sent emails to the respondent as well as to the petitioner for redressal of grievances. However, instead of redressing the grievances of respondent no. 1, the respondent no. 2 continued to make demand of payments from respondent no. 1 instead of investigating the fraud. Thereupon, respondent no. 1 sent legal notice dtd. 29/8/2020 to the petitioner as well as to respondent nos. 2 and 3. Respondent no. 2 duly replied to the legal notice stating that on the basis of investigation, respondent no. 2 found that transaction was performed in secured manner and the same has been validated by his SBI card details and dynamic OTP delivered at his registered mobile number.