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sudhirtelang (advocate)     21 September 2014

Sbi card deficiencies case filed ind.c.f bhopal

 i am having pin enabled sbi card and uses frequently.in one case while visiting migration expert canada website  for getting information for canada visa ,they asked details of my credit card with cvv ,as soon as i feeded they charged $105 being processing charges.and my credit card is charged for $105 dollors.without applying pin/password. iwrote to sbi card by email that some unsecured website get credit card payment without using pin.How's that.i requested them to revert the transaction but they didnt,however migration expert when iapproach they creditd back to my credit card by $65 deducting $35 being processing fee etc.i asked sbi card to pay this $35 dollor amount but they didnt.they ask me to fillup dispute greivance form for investigation ,but no result .Hence ifiled case in district consumer forum ,bhopal.it is admitted and notice issued.i made party to sbi card, gurgaon,registered office and migration expert canada,notice sent through canada embassy,at newdelhi ,they have refused to accept the envelope and  returned back to dcf bhopal.it is a question how to serve notice  to appear.them.what is legal procedure for sending court notices abroad.,since there is no office of sbi card at bhopal, isubmitted application 1(10) cpc for adding party toSTATE BANK OF INDIA who is subsidary and have joint venture with state bank of india.hope forum will accept to made party.i need guidance for adding sbi which have branches at bhopal,also procedure for serving notice abroad through canada embassy  or what procedure to be followed as dthey are also responsible and liable for compensation.if forum declared ex party how compensation can be recovered from them. pl advise.firthe ,i want case laws relating to sbi card for deficiencies in service.being susidary and joint venture of state bank of india will also be responsible and liable for sbi card hope .lease confirm and urgent advices required 



 8 Replies

Kumar Doab (FIN)     21 September 2014

 

How did you acquire this card:::: thru SBI at Bhopal or thru some other entity?

Usually in main offices of M/s SBI a place is earmarked for staff of M/s SBICPSL (SBI Card) and an employee of M/s SBI is handling the sale of cards………………………………..You may make this employee of M/s SBI, his AGM, and CGM a party.

The company M/s SBICPSL is owned by M/s SBI has directors from SBI and Nodal Officer too………………

 

You should not have given your CVV number!

sudhirtelang (advocate)     21 September 2014

 iam a retired official from s.b.i.during service igot it and being renewed since then directly by s.b.i.card, in temptation i did mistake by entering cvv but when card is pin enabled how the transaction be sucess and charged to sbi card without one time password or using pin.this the  negligence,deficiency on the part of sbi card.i do agree sbi  is a parent and sbi card is independent subsidary of s,b,i, ifind cases where consumer made sbi as respondent and recently delhi consumer forum directed sbi to pay money for credit card frud made and found liable for sbi  for not lodging FIR in police and why proper investigation is not done by sbi for fraud purporated, i hope sbi can be added as party for jurisdiction purpose for which isubmitted application under order 1(10) of cpc which is to be argued in next hearing by forum .thanks for prompt response.we shall keep on updates,my mobile no is 9425004462,email-sudhirtelangadvocate@gmail.com

Kumar Doab (FIN)     22 September 2014

You have a point. Can you attach or provide link to DCDRF Delhi decision. There are 4 CF in Delhi. The decision and some details by you can lead to more inputs and merits.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     22 September 2014

If the Card Holder compromises, his password and cvv, Bank has no right to charge back to the merchant establishment.  If on verification, it is found that your password (PIN) and CVV are entered correctly for the transaction,  you have no case as it is taken that you have only used the card. Take up the matter with SBI Customer Service with a request to provide you the following  details. Being ex Employee of SBI, it may not be difficult at all for you to obtain these details. They are bound to provide the same as in such cases, you have to file a Police Complaint. 

 

1) When the Card was used,

2) From which Computer with IP address and

3) Also request them to inform whether the PIN and CVV were correctly entered.  

 

Unless you have compromised your PIN also alongwith CVV, your card cannot be debited with the transaction.  Coming to your case against the Bank in Consumer Forum, ultimately, when the notice is served on SBI and they respond to your case in Consumer Forum, they shall file all the details available with them whereby if it is proved that your CVV (which you have admitted to have compromised and revealed to a merchant establishment.Revealing your CVV was not correct.) and PIN are entered correctly, you have no case against the Bank. On the other hand, if the card is debited without entering PIN, Bank has to explain how such a debit can happen.

Kumar Doab (FIN)     22 September 2014

Your contention is that card is PIN enabled and without PIN the transaction should not have been allowed.

If this is default by M/s SBI card then they are liable to be penalized.

Pls attach DCDRF Delhi decision. 

T. Kalaiselvan, Advocate (Advocate)     30 September 2014

If you have impleaded SBI as a party and the case is at argument stage, wait for the outcome and come back with queries for steps in this regard..

sudhirtelang (advocate)     07 April 2015

 the district forum has allowed to impeded as a respondent party being a susidary.sbi has replied that sbi card and sbi are separate entity  though it is a subsidiary of sbi but acts of one company can not be held liable to anothe legal entity.furhter, only being joint venture company it can not be pleaded that sbi is responsible for acts of its subsidary.in what way it should be pleaded any guidance caselawspl advise and discuss

sudhirtelang (advocate)     07 April 2015

sbi card has replied thatAS PER RESERVE BANK OF INDIA INSTRUCTIONS FOR DOING INTERNATIONAL TRANSACTIONS ONLINE  SENDING OF ONE TIME PASS WORD ON REGISTERED MOBILE IS NOT NECESSARY.AND THEREFORE THERE IS NO DEFICIENCY OF SERVICE BY NOT SENDING OTP.FURTHER ,NO COPY OF INSTRUCTIONS SUBMITTED BY THEM.

2.BURDEN OF PROOF LIES WITH COMPLAINANT UNDER SECTION 101 OF EVIDENCE ACT TO PROVE THAT "SENDING OF OTP BY CARD COMPANY TO CARD HOLDER ON HIS REGISTERED MOBILE  IS OBLIGATORY.PLEASE  ,REFER TO ONE TIME PASSWORD ,FREQUENTLY ASKED QUESTIONS ON SBI CARD WEBSITE,THAT CLEARLY STATES .1SBI CARD WILL NOW SEND YOU A NEW 6 DIGIT NUMERIC ONE TIME PASSWORD ON THE 3D SECURE PAGE TO AUTHENTICATE YOUR TRANSACTION.2.YOU WILL RECEIVE THE OTP FOR ALL YOUR ON LINE TRANSACTIONS ON THE MOBILE NO REGISTERED WITH WITH YOUR SBI CARD..OTP WOULD BE AUTOMATICALLY AND INSTANTLY SENT SENT ON YOUR REGISTERED MOBILE.

I THINK,THESE INSTRUCTIONS PUBLISNHED ON SBI CARD WEBSITE ARE SUFFICE TO ESTABLISH THAT THEY THEY HAVE VOILATED NORMS AND DONE ACT OF DEFICIENCY .I WOULD LIKE TO DISCUSS OVER PHONETO LEARNED COLLEUGES PL PROVIDE MOBILE NO OR EMAIL.CONSUMER  COURT DOES NOT REQUIRE TO DEAL WITH EVIDENCE ACT?MERE SUBMISSION OF PHOTO COPY OF THESE RULES SUFFICE

PLEAE DISCUSS.


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