• Credit Card Auto Payment/debit with out usual OTP approval process

One year back, I subscribed to jamplay.com portal, which in providing online guitar lessons, on 03-Jul-2018 for 1 year. I paid around ₹14,469.47 INR. But during subscription, in the application form without my awareness he(marchent:jamplay.com) has taken my approval for auto renewal for next year i.e 2019. So after 1 year or subscription, on 03-Jul-2019, there has been auto debit of ₹14,403.01 INR from my credit card account. I didn't get any OTP approval. I just received SMS saying "INR14,403.01 debited on credit card on 03-Jul-2019.Info:PAYPAL *JAMPLAY. call 18002662 for dispute" I didn't notice that, because i thought for every transaction in my credit card I have to go through "OTP approval process" and Auto debit won't happen. But in this case without OTP approval process debit happened in my credit card account. So my question is, 
is it not Credit Card provider(in this case ICICI bank) responsibility to get approval from customer before doing any auto debit? In this case i have not given any auto payment instruction to Credit Card provider i.e ICICI bank, but marchent:jamplay.com has taken auto renewal approval from me. In this case, is it not the failure from ICICI bank in safe gaurding customer account (as I have not given any instruction for auto payment to ICICI bank)? and ICICI bank didn't follow usual OTP approval process. so shall go to consumer court regarding this type of payment?
Do i get justice?
Asked 6 years ago in Criminal Law
Religion: Hindu

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10 Answers

If there was no standing instruction from your side to your Bank authorising this payment, they could not have auto processed it.

Take this up with your Bank. Also try to seek a refund from jamplay.com, if you are not availing their services. 

If nothing works, serve them a legal notice before approaching the consumer court. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

This is a claer case of fraud, eve in auto renewal , merchant cannot deduct, it is an unauthorized transaction. Only banks have such facility to auto deduct from debit card in lieu of credit card bill or on EMI`s.

Further in renewal clause there won`t be auto debit option. File FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Bank can not make payments from your account on third party request without your direct consent.  The procedure adopted by bank is at fault. You can complain  to bank authority or to consumer forum for refund of payment and compensation.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Bank does not need customers approval for auto debit 

 

2) no failure on part of bank 

 

3) you opted for auto renewal and account has been rightfully debited 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Once you authorise payment it will be automatically debited to your account and finally you will receive a message of debit only.

 even if you have not taken any not update debit and the amount is now a painting in your statement you can raise objection to that debit and bank will reverse it in case it is not reversed by the bank after your protest then you can file a consumer complaint making the party  your card issuing bank and the beneficiary party

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Sometimes customers select autodebit option and it directly gets auto-debited without otp. Actually there should be otp approval in the said case. You can file the said complaint to consumer court after sending notice to them

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Auto-debit is a facility whereby the customer's bank account is linked his credit card account; if the customer fails to pay the amount by the due date, then the credit card company automatically debits the customer's account for that amount. bank is not liable for any kind of auto debit transaction.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No if you have signed or agreed for ECS ( auto debit) of your payment from your credit card then credit card company will not send you OTP at time of next payment time. 

No approaching consumer court will not benefit you.

You should approach the merchant and ask them for refund of fees paid by auto debit as you don't want to take classes this year. 

Now You have to give standing Instructions to credit card company for stop payment of that merchant and cancellation of auto debit form. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. The credit card provider has to follow certain norms while making payment to a merchant from its customer's credit or debit card, in this case they have not followed the rule or procedure in this connection hence they are liable for deficiency in service.

2. You can collect the evidences against both the bank as well as the portal jointly or severally for their unfair trade practice and seek compensation besides relief.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

Get issue a legal notice and close the matter.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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