Delhi

New Delhi

CC/409/2015

Arun Pandey - Complainant(s)

Versus

Axis Bank Limited - Opp.Party(s)

26 May 2023

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002

Case No.CC-409/2015

 

IN THE MATTER OF:

 

Arun Pandey

R/o C-58, South Moti Bagh,

New Delhi – 110021.

 

....Complainant

Versus

 

Axis Bank Limited

Statesman House,

148, Barakhamba Road,

New Delhi – 110001.

...Opposite Party

 

Quorum:

Ms. Poonam Chaudhry, President

Mr. Bariq Ahmad, Member

Mr. Shekhar Chandra, Member

                                                          Date of Institution:30.06.2015

 Date of Order     : 26.05.2023

 

ORDER

 

SHEKHAR CHANDRA, MEMBER

1. The present complaint has been filed under section 12(A) of the Consumer  Protection  Act, 1986 (in short CP Act) against Opposite Party (in short OP) alleging deficiency of services.

2. Briefly stated facts of the case are that the complainant is a consumer who has been cheated by the malpractice adopted by the OP. The complainant was using Axis Bank Credit Card sanctioned by the OP for the last many years.
3. It is stated that in 1^st week of June, 2012, complainant approached the OP for credit transfer of Rs.36,800/-  from his Axis Card account to HDFC Credit Card Account. Since being aware of the beneficial policy of sharing credits from Axis Credit to other bank credit provided by the OP, the complainant approached the OP for same transactional process which has to be performed before 10^th June, 2012. In return of such request made during 1^st week of June, the OP assured the complainant that transfer of credit would be processed and made within due course before 10^th June, 2012.
4. On 19^th June, 2012 after regular follow-ups of the request with the OP when there was no response, the complainant lodged a complaint vide complaint number 41654/1/2012 regarding the credit card balance transfer of Rs.36,800/- from Axis Bank Credit Card to HDFC Card in order to make the due payment of the HDFC credit card which the complainant had requested.
5. In reply to the complaint lodged by the complainant the OP conveyed the technical difficulty in transferring the credit balance from complainant’s Axis Bank Credit card to HDFC card and  assured to do it before due date.
6. Due to such inability in transferring immediately by the OP, the Complainant approached the OP with a request to cancel the credit transfer of Rs.36,800/-. The complainant alleges that even after requesting for cancellation of credit transfer request the OP made a transaction transfer of credit of Rs.36,800/- from complainant’s Axis Credit Card account to HDFC card though NEFT on June 18, 2012 vide confirmation mail dated 19^th June, 2012.
7. The complainant on such confirmation of transfer of credit balance of Rs.36,800/- approached the OP with a request for retrieval of the wrongly credited amount which was credited deliberately even after a cancellation request and without complainant’s request. Showing inability by the OP in retrieving the wrongly credited amount, the complainant left with no option other than a settlement with the OP on credit balance.
8. On negotiating the terms with the OP to settle the unwanted credited amount of Rs.36,800/- the complainant and OP agreed to a settle and write off Rs.17,000/-  which clearly indicates a settle account with credit closing balance as Rs.00.00 as per the credit card statement of the complainant’s Axis Bank Credit Cards.
9. It is submitted by the complainant that the complainant got utter shock of his life that even after settling the amount as write off, which was made liable on him on account of OP deliberate fault; he has been charged for outstanding amount along with interest on principal. This became beyond the imagination and understanding of the complainant that even after settlement the OP charged him with unwanted and unwarranted charges on the paid/settlement.
10. It is further submitted that the complainant is a law abiding citizen and to be on good books in financial terms, he paid all the amount along with wrongly charged interest which amounts to Rs.42,250/- on 15.04.2014. Thereafter on 12.05.2014 the OP sent a letter conveying as ‘Nil outstanding balance confirmation” to the complainant.
11. The complainant filed his complaint in Core Centre known as “Jago Grahak Jago” but the OP gave a false report to the Core Centre.
12. The complainant has relied on services and valuable commitments of the OP from time to time. The complainant alleges that by these negligent and deceptive trade practices, the OP has cheated the complainant with his hard earned money and has lured him to fall in trap of the OP. The complainant has never represented himself as on default part, but such unjust and inappropriate actions of the OP has compelled the complainant to approach for justice. It is further alleged that due to these acts of the OP, the complainant has suffered serious mental loss and harassment and he is not able to concentrate on his work.
13. Thus, the present complaint against the OP with the prayers that a direction be issued to the OP to return back the charges amounting to Rs. 42,250/- which were levied wrongly by the OP on the settled credit balance with interest to the complainant. Further it is prayed that the OP be directed to to pay Rs.50,000/- towards the loss of peace and mental agony. The complainant has also prayed for litigation cost of the complaint.
14. From the proceedings dated 17^th December, 2015, notice was served on the Opposite Party but it chose not to appear. Thus the following order was passed by this Commission on 17.12.2015:

“Notice was issued to the OP but OP failed to appear. Track Record placed on record. OP proceeded ex-parte. Come up for ex-parte evidence on 2/3/16.”

 

15. We have perused the record and gone through the documents placed before us. Two transactions shown by the complainant are enough to dispose of the present complaint. In the first transaction the complainant requested the OP for balance transfer (for short called ‘BT) from his Axis Bank Credit Card to HDFC Credit Card in order to make the due date payment to the HDFC Bank. On enquiry from the OP’s customer care, he was informed that the said transaction has been rejected due to internal problem or technical fault of the OP. Since the complainant had to pay interest if timely payment is not made to his another Banker- HDFC, the complainant asked the OP not to process the ‘BT’ further and he made the payment to the HDFC directly. But lateron without any intimation or permission of the complainant, the OP transferred a sum of s. 36,800/- to the HDFC credit card a/c of the complainant. This was the first lapse or deficiency in service on the part of the OP which was protested by the complainant but he had to ultimately agree to the terms of the OP to settle the account and zero balance was shown against the complainant’s account.
16. Another lapse on the part of the OP is that after writing off Rs. 19,800/- on 22.12.2012, OP issued a statement on 18.11.2014 showing closing balance as 0.00 against the complainant’s account but lateron recovered Rs. 42,250/- from the complainant towards balance amount with interest.
17. We are convinced with the arguments of the complainant that there is a serious deficiency in service on the part of the OP. The OP has conducted itself against the professional standard to be maintained by a banker. We find force in the submissions of the complainant for awarding compensation.
18. Accordingly, the OP is directed to returned/refund the amount of Rs. 42,250/- wrongly deducted/recovered from the complainant with interest @ Rs. 9% per annum from the date of deduction till realization, within six weeks from the date of receipt of this order. The OP shall also compensate the complainant by paying a sum of Rs. 50,000/- for causing mental agony and harassment to him. The complainant shall also be entitled to litigation cost which is quantified to Rs. 50,000/-. 

          A copy of order be sent to all the parties free of cost. The order be also uploaded in the website of the Commission (www.confonet.nic.in).

File be consigned to the record room along with a copy of the order.

 

[Poonam Chaudhry]

President

 

[Bariq Ahmad]                                                             [Shekhar Chandra]

    Member                                                                              Member