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Showing contexts for: constructive knowledge in Bank Of India vs Sri Bhima Prasad Maity on 25 May, 2012Matching Fragments
The brief fact of the case of the Complainant is that the OP-Bank issued a credit card on 03.08.2006 to the Complainant and the limit of the said card was Rs.1,00,000/- which was subsequently increased to Rs,1,10,000/- and renewed after the end of three years validity period from August, 2009 ending 2012 carrying advance payment of annual fees Rs.1,500/-. The specific case of the Complainant is that he had been using the said credit card since it was issued for purchasing photograph equipments and other related items from both national and international sellers situated outside India. The goods were purchased by the Complainant y using credit card and made payments against the value of the goods or services by depositing cheques through pay slip within period stipulated by the Bank. It is also stated by the Complainant that by introduction of electronic device the contracts are made through internet regarding purchasing and selling by credit card and this practice was also followed by the Complainant so that the prospective buyer at the first instance is required to visit the electronic format of the contract posted on the website of the foreign seller and then entered his name, credit card number, the validity period of the credit card at the appropriate website. Thereafter the buyer signifies his approval of the transaction through the electronic device relating to the goods including shipping charges if any. Then the next procedure is that the foreign seller will ask for authorization of the approval giving by the purchaser from the bank who issued the credit card. On receipt of the authorization from the bank the foreign seller arranges for the shipment of the materials. The Bank at the end of the month will issue statement to the card holders for making payment within 45 days. On the basis of such arrangements the Complainant entered into an electronic contract on 15.10.2009 through the website of a Company Adorama situated in New York, USA for purchasing of some photographic equipments and gave his approval for 573 US$ by a single transaction through the website of the Company which was confirmed by the Company through e-mail dated16.10.2009. But even after expiry of a considerable span of time the said equipments were not reached to the Complainant for which he gave further approval of 293.49 US$ to the foreign seller on 13.11.2009. The Complainant did not enter into any agreement with any third party other tan the foreign seller prior to processing the purchase. It is further stated by the Complainant that he became astonished when he discovered that the OP-1 approved three debits against the Complainant i.e. 293.49 US$, 50 US$ and 289.5 US$ in favour of the foreign seller on a single approval no-5969 dated 19.11.2009 but the Complainant never gave any approval for multiple debits in favour of the foreign sellers nor did authorize the OP-1 to effect multiple debit in respect of the relevant transaction. The Complainant immediately took up the matter with the foreign seller through e-mail on 20.11.2009 requesting to clarify the reason for multiple debits along with the direction to stop the shipment of the consignment. The OP-1 had constructive knowledge of the e-mail of the Complainant dated 20.11.2009 more particularly the fact that the Complainant scrubbed the contract. It is further stated by the Complainant that in the said e-mail specific direction was given to the OP-1 to stp payment of 293.49 US$, but the OP-1 did not take any action and on the contrary charged 293.49US$ and asked the Complainant to pay the same. The OP-1 through the Ld. Advocate demanded the equivalent value of 293.49 US$ of Indian currency from the Complainant, failing which the credit card will be cancelled and finally the OP-Bank cancelled the credit card. According to the Complainant that the OP-Bank has failed to render satisfactory service to him by not crediting 573 US$ transmitted to him by the foreign seller in the credit card following the cancellation of the contract and returned of the goods purchased to the foreign seller by him. It is further stated that the OP-1 has no authority to force the Complainant to pay sum of Rs.13,960.52/- and to cancel his credit card arbitrarily on false allegation of non-payment. Hence the complaint was filed before the Ld. Forum below praying for direction upon the Bank to comply with the demand as prayed for in the prayer portion of the petition of complaint.