PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-73/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Abhedananda Mishra,

S/O- Late Chandra Sekhar Mishra

R/O-Gujrati Colony,

PO/PS/Dist-Sambalpur-768001, Odisha.                 ……….......Complainant.

Vrs.

1. Branch Head(chief Manager), Axis Bank,

At-Ainthapali, Po/Ps/Dist-Sambalpur-768004.

2. Axis Bank, 3^rd Floor Biolding No. 1, Gigaplex, Plot No. I.T.S. MIDC, Airoli Knolwdge Park Airoli, Navi Mumbai-400708.                                                                                                                                       ....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Adv. J.K. Nanda
2. For the O.P.s                       :- Ex-parte

Date of Filing:28.02.2024,  Date of Hearing :15.07.2024  Date of Judgement : 27.08.2024

Presented by Sri SadanandaTripathy, Member.

1. The case of the Complainant is that the Complainant is a customer of the OP Bank. On 29.08.2023, the Complainant tried to withdraw Rs. 30,000/- at the Amlapada ATM. He attempted thrice to withdraw the money using the 1^st machine of the counter at about 1.30 PM but all the three attempts failed and no money came out from the machine. The machine also displayed a failure message. On 4^th occasion the Complainant tried to withdraw Rs. 100/- and the transaction was successful and he has received Rs. 100/- from the machine. The Complainant was in urgent need of money used the other machine and withdraw Rs. 50,000/- each Rs. 10,000/- for five attempts. On verification of the account, the Complainant was surprised to see that out of the three failed transaction of Rs. 30,000/- was reversal of Rs. 10,000/- and Rs. 20,000/- has not been reversed. The Complainant raised dispute through the customer care of the OP on dt. 30.08.2023. On 02.09.2023, the Complainant received a mail to the effect that the request has been rejected and as per the bank’s record, the transactions were successful. On 08.09.2023, the Complainant went to the bank and lodged a written complaint of the matter along with the account statement for the period 20.08.2023 to 05.09.2023. Further the Complainant has received three messages in the registered mobile associated with the account for the relevant date and time to the effect that “your transaction could not be processed due to card chip not read”. The Complainant presented the written complaint along with the copies of the account statement and messages received and downloaded by him. The officer of the Bank assured to look in to the matter and settle the same. The Complainant ran to the Bank several times but finally the claim of the Complainant was rejected.
2. The O.Ps has not appeared and filed their Version.

ISSUES

1. Is the Complainant a consumer of the OPs ?
2. Is there any deficiency of service in part of O.Ps?
3. Whether the Complainant is entitled for getting any relief?

Issue No. 1:-Is the Complainant a consumer as per CP Act OPs?

The Complainant is a customer of Axis Bank having his account bearing No. 915010033048945in the main Branch Ainthapali, Sambalpur. Hence he is a consumer as per CP Act of the OPs.

Issue No. 2:-Is there any deficiency in service in part of O.Ps?

The Complainant has attempted thrice to withdraw the money using the 1^st machine of the counter at about 1.30 PM but all the three attempts failed and no money came out from the machine. The machine also displayed a failure message but out of the three failed transaction of Rs. 30,000/- , Rs. 10,000/- was reversed and Rs. 20,000/- has not been reversed. The Complainant raised complaint before the OPs and ran to the Bank several times but finally the claim of the Complainant was rejected. Hence the O.Ps are deficient in service as they failed to prove that the transactions were successful.

Issue No. 3:-Whether the Complainant is entitled for getting any relief?

From the facts of both the parties, the Complainant is entitled for getting reliefs from the OPs.

                             ORDER

The O.Ps are directed to pay an amount of Rs. 20,000/- toward wrongly debited money from the account of the Complainant, Rs. 20,000/- towards physical strain and mental agony suffered by the Complainant as compensation and Rs. 5,000/- towards cost of the petition to the Complainant within 30 days from the date of order, failing which the amount will carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 27^th day of Aug, 2024.

Free copies of this order to the parties are supplied.