ICICI BANK Vs. RAM PRAKASH SHARMA
LAWS(NCD)-2020-8-58
NCDRC
Decided on August 24,2020

ICICI BANK Appellant
VERSUS
RAM PRAKASH SHARMA Respondents

JUDGEMENT

V K JAIN,J. - (1.) The complainant is engaged in the business of selling jewellry etc. and it is alleged in paragraph one of the consumer complaint that he is carrying the said business for the purpose of earning his livelihood by way of self-employment. The complainant had installed EDC machine issued by the respondent ICICI Bank. The said machine was used for the purpose of swiping the credit cards which were presented to the complainant for the purpose of making purchases from him. The case of the complainant is that five transactions were made by him using credit cards and debit cards between 09.02.2009 to 03.04.2009. As per the procedure adopted by the parties, the respondent Bank was to issue an authorization slip once the credit card was swiped on the EDC machine provided by it to the complainant. The authorization slip was required to be signed by the purchaser of the goods and returned to the seller. The seller was required to produce the said authorization slip if required by the respondent Bank. Ordinarily, the respondent Bank would require such authorization slips signed by the purchaser in a case where the transaction is disputed by the purchaser.
(2.) The respondent bank, made payment to the complainant for the above-referred five transactions but later on debited the amount of two transactions in his account and also discontinued providing the service of EDC machine to him. The complainant, therefore, approached the concerned State Commission by way of a consumer complaint.
(3.) The complaint was resisted by the respondent which took a preliminary objection that the complainant was not a 'consumer' he having hired or availed the services of the respondent Bank for a commercial purpose. On merits, it was stated in the written version filed by the Bank that they had received a retrieval request or chargeback from the card holder/issuing bank in respect of the several transactions made through the EDC machine installed in the premises of the complainant.;


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