HDFC BANK LIMITED Vs. HEMANT NARAYAN DEVANDE

JUDGEMENT

(1.) This revision petition has been filed by the petitioners, HDFC Bank Ltd and Ors. against the order dated 27.04.2016 of the Maharashtra State Consumer Disputes Redressal Commission, (in short 'the State Commission') passed in Appeal No. A/16/418.

(2.) Brief facts of the case are that the respondent/complainant had an account with the petitioner bank and the respondent/complainant was using credit card issued by the petitioner bank. It is the case of the complainant that on 14.03.2014 there was a deceitful transaction and payment was made of Rs.26,998.00 from the credit card through Amazon Seller website. The same day, in the evening, the complainant received a phone call from HDFC Credit Card Company informing about the said transaction and proposal for payment. The complainant disputed the same and sent a protest to the bank that he had not used the credit card to make any such payment. The complainant did not pay this amount when the bill of the credit card was received. However, the opposite party bank recovered an amount of Rs.41,656.46 which included the principal along with interest and penalty from complainant's other account.

(3.) Aggrieved with the action by the petitioner bank, the complainant filed a consumer complaint No.CC/2014/639 before the District Consumer Disputes Redressal Forum, Pune (in short 'the District Forum'). The opposite party bank did not file any written statement. However, it was contended that the complainant was resident of Pune, whereas the payment has been made at Bangalore. The payment was Visa Password Verified and therefore, it was only possible when some person knowing the password would have used the credit card. The password was not known to the bank employees. It is only known to the customer. However, District Forum allowed the complaint vide its order dated 06.11.2015, directing the OPs to pay Rs.41,656.46 to the complainant by depositing in his account and also directed to pay Rs.10,000.00 for harassment, mental agony and cost of litigation.