06 September,2023 06:39 PM IST | Mumbai | BrandMedia
Advocate Vivek Sharma
In a remarkable legal victory, Advocate Vivek Sharma demonstrated unparalleled legal acumen in a complex credit card fraud case, ultimately securing justice for the aggrieved consumer. This case underscores the pivotal role of committed advocates in safeguarding consumer rights and ensuring accountability within the banking sector.
Background
Advocate Vivek Sharma represented a credit card holder who had fallen victim to fraudulent transactions on their RBL Bank credit card. On November 24, 2021, the complainant discovered unauthorized transactions totaling Rs. 2,05,955/- under the name of PAYU PAY GURGAON. The consumer vehemently denied sharing sensitive information and demanded justice.
The Bank's Challenge
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The bank contended that online transactions necessitated a combination of security elements, with any negligence on the customer's part making them liable for unauthorized transactions. They argued that the complainant had shared OTP information with a third party, thereby absolving themselves of responsibility.
Advocate Vivek Sharma's Legal Triumph
Advocate Vivek Sharma masterfully presented a compelling case, underscoring the bank's duty to protect its customers from unauthorized transactions. He cited precedent cases, RBI guidelines, and the bank's failure to conduct a proper investigation into the alleged fraudulent transactions. Advocate Sharma emphasized that in cases involving fraudulent transactions, the primary responsibility rests with the bank and not with the consumer. Banks cannot simply absolve themselves of their obligation to maintain secure and safe security measures and facilities for their customers.
The Verdict
In a resounding verdict, the Consumer Forum ruled in favor of the consumer, declaring the bank's actions deficient in service and unfair trade practices. The verdict ordered:
1. Waiver of the overdue credit card amount of Rs. 2,05,955/- along with interest.
2. Compensation of Rs. 10,000/- for the consumer's mental anguish.
3. Payment of litigation costs totaling Rs. 10,000/-.
Advocate Vivek Sharma's Legacy
Advocate Vivek Sharma's unwavering dedication to his client's cause and exceptional legal prowess were pivotal in securing this victory. His legal triumph sets a powerful precedent for future cases involving unfair banking practices, shedding light on the indispensable role of committed advocates in upholding consumer rights and ensuring accountability within the banking industry.
This case serves as a testament to Advocate Vivek Sharma's exceptional legal skills and his unwavering commitment to justice, inspiring hope for countless consumers seeking reparation in similar situations.
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