DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

CC No.79 of 31.3.2023

Decided on : 11-07-2023

Harmail Singh aged about 44 years S/o Jagsir Singh R/o Near Gurudwara Sahib, Vill. Mian, Tehsil & Distt. Bathinda.

1. ........Complainant

Versus

Axis Bank Ltd., Teona Road, Vill.Multania, Tehsil & District Bathinda, through its Branch Manager.

.......Opposite party

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM:-

Sh.Lalit Mohan Dogra, President

Sh.Shivdev Singh, Member

Present:-

For the complainant : Sh.Raghbir Singh, Advocate.

Opposite party : Ex-parte.

ORDER

Lalit Mohan Dogra, President

1. The complainant Harmail Singh (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Axis Bank Ltd (here-in-after referred to as opposite party).

2. Briefly, the facts of the complaint as pleaded by the complainant are that he is holding saving account with Axis Bank Ltd. Vill.Multania, District Bathinda. He also got issued a credit card No.4514 5700 2037 5096.

3. It is further alleged that the complainant never used the credit card, but opposite party has been illegally and arbitrrily debiting the charges from the account of the complainant and raised demand of Rs.35,800/ from him against the credit card.

4. It is further alleged that the complainant approached opposite party and requested that he has not used the credit card and he is not liable to pay any amount, but to no effect. Under compelled circumstances, the complainant deposited the amount of Rs.35,800/- on 19.3.2022 with opposite party.

5. It is further alleged that even after 19.3.2022, the complainant did not use the credit card, but opposite party again raised demand of Rs.4756/- from him on 6.10.2022 and directed him to deposit the amount. The complainant again approached opposite party and requested that he has not used the credit card for a single time since 19.3.2022 and as such, no such amount of Rs.4756/- is payable by him.

6. It is further alleged that the complainant repeatedly requested opposite party to withdraw the impugned demand of Rs.4756/- and also requested to refund the amount of Rs.35,800/- earlier got deposited by opposite party from him on 19.3.2022, but opposite party failed to accede to his requests.

7. It is also alleged that thereafter the complainant got issued a legal notice to opposite party on 18.10.2022 through his counsel calling upon opposite party to waive the demand of Rs.4756/- and also to refund the amount of Rs.35,800/-, but opposite party failed to give any reply to this notice, rather it has now increased the demand from Rs.4756/- to Rs.12,187/- from the complainant.

   On this backdrop of facts, the complainant has prayed for directions to opposite party to waive the impugned demand of Rs.12,187/- and to refund the amount of Rs.35,800/- with interest @ 12% p.a. w.e.f. 19.3.2022 till the date of refund and Rs.50,000/- as compensation on account of mental tension, agony, botheration, harassment and humiliation and Rs.11,000/- as litigation expenses.

8. Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against it.

9. In support of his complaint, the complainant has tendered into evidence his affidavit dated 14.3.2023 (Ex.C1) and documents (Ex.C2 to Ex.C-8) and thereafter he failed to produce evidence despite availing adequate number of opportunities. Therefore, his evidence was closed by order on 10.7.2023.

10. We have heard learned counsel for the complainant and gone through the record.

11. Counsel for complainant has argued that the complainant is having account number with opposite party and he was issued credit card, but he was never used the said credit card. However, opposite party is illegally debiting the charges from the account of the complainant and it has raised demand of Rs.35,800/-, which was deposited by him vide receipt, (Ex.C4) and thereafter demand of Rs.4756/- and another demand of Rs.12,187/-.

12. It is further argued that the complainant has since never used the said credit card. As such, he is not liable to pay the amount of Rs.12,187/- and Rs.4756/- and he is entitle to receive back Rs.35,800/- from opposite party.

13. We have given careful consideration to these submissions.

14. To prove his case, counsel for complainant has placed on record affidavit of the complainant; copy of receipt, (Ex.C4) and copies of messeges. However, the complainant has not produced any account statement to prove the nature of transactions, which took-place in his account of credit card regarding which payments were demanded from him.

15. As such, this Commission is of the view that the complainant has not been able to establish any deficiency in services on the part of opposite party by having received and demanded Rs.35,800/-, Rs.4756/- and Rs.12,187/-. Accordingly, for want of any evidence in the shape of statement of account, present complaint being devoid of merits is ordered to be dismissed.

16. The complaint could not be decided within the statutory period due to heavy pendency of cases.

17. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced :

    11-07-2023 (Lalit Mohan Dogra)

    President

     

    (Shivdev Singh)

    Member