Punjab

Faridkot

CC/19/135

Meera Ghai - Complainant(s)

Versus

Axis Bank Ltd. - Opp.Party(s)

Vipan Kumar Tayal

13 Nov 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :      135 of 2019

Date of Institution:    20.05.2019

Date of Decision :     13.11.2019

 

Meera Ghai aged about 36 years wife of Harish Kumar resident of Street No.3, J P  Nagar, Old Cantt Road, Faridkot Tehsil and District Faridkot.

 .........Complainant

Versus   

1. Axis Bank Ltd situated at Ground Floor, Municipal No.606, 606/1 Near Balbir Basti Main Road, Faridkot Tehsil and District Faridkot through its Branch Manager/Authorised Signatory.
2. Axis Bank Ltd, Head Office situated at Ground Floor and Basement, SCO  No. 139, 140, 141, 142 Madhya Marg, Sector 9C, Chandigarh.

    .............OPs

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum: Sh. Ajit Aggarwal, President,

               Smt. Param Pal Kaur, Member.

 

Present:  Sh Vipin Tayal, Ld Counsel for Complainant,

               Sh Dildeep Singh, Ld Counsel for OPs.

 

ORDER

(Ajit Aggarwal, President)

 

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                                         Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OPs to refund the amount of Rs.10,000/-wrongly debited from the bank account no.916010010776145 of complainant and to pay Rs.50,000/- as compensation for deficiency in service and harassment alongwith litigation expenses of Rs.11,000/-.

2                                       Briefly stated, the case of the complainant is that complainant is having a saving account bearing no. 916010010776145 with OP-1 bank alongwith ATM facility. On 30.10.2018, an amount of Rs.47,659/-was lying in the account of complainant and due to her being busy in office work on 31.10.2018, she gave her ATM Card to her office employee alongwith its pin code to withdraw Rs.30,000/-from her account. Said employee made three transactions of Rs.10,000/-each and withdrew Rs.30,000/-from her account but complainant received messages for the withdrawal of Rs.40,000/-. On receiving the messages regarding withdrawal of Rs.40,000/-,  complainant immediately approached OP-1 and narrated the entire facts to them and also lodged complaint on customer care number of OPs, Ops asked him to wait for some days, but even after waiting for several days and despite several visits and requests by complainant, OPs did not do anything needful. It is submitted that only Rs.30,000/-were withdrawn by her office employee, but OPs, wrongly and illegally

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deducted Rs.10,000/-more from her account, which amounts to deficiency in service and has caused harassment and mental agony to her. She has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief. Hence, the complaint.

3                                              The counsel for complainant was heard with regard to admission of the complaint and vide order dated 22.05.2019, complaint was admitted and notice was ordered to be issued to the OPs.

4                                              On receipt of the notice, the OPs filed written statement wherein they have denied all the allegations of complainant being wrong and incorrect and asserted that there is no deficiency in service on their part. It is averred that complainant has concealed the true facts from this Forum and complaint filed by her is misconceived. Complainant has twisted the real facts and has levelled false allegations. It is averred that complainant has concocted false story with false allegations to achieve ulterior motive. She has voluntarily violated the terms and conditions and instructions of OPs as she deliberately handed over her ATM Card and also provided its personal details to her office employee which is a clear cut negligence on the part of complainant. There is no receipt for withdrawal of Rs.30,000/-by complainant and she has filed the present complaint in connivance with the Rajesh Kumar her office employee. No cause of action arises against answering OPs and complainant has no locus standi to file the present

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complaint. On merits also, Ops have denied all the allegations levelled by complainant and reiterated the same pleadings as taken by him in preliminary objections. It is further averred that there is no deficiency in service on their part and prayed for dismissal of complaint with costs.

5                                              Parties were given proper opportunities to prove their respective case. Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to C-6 and then, closed their evidence.

6                                              In order to rebut the evidence of the complainant, Counsel for OPs tendered in evidence affidavit of Ashish Gupt Ex OP-1 and then, closed the evidence on behalf of OPs.

7                                               We have heard the ld counsel for complainant as well as OPs and have carefully gone through evidence and documents placed on record by respective parties.

8                                                 From the careful perusal of record and evidence and documents placed on record by respective parties, it is observed that case of the complainant is that she holds a saving account with OP-1 alongwith ATM facility. On 31.10.2018, she gave her ATM Card to her office employee to withdraw Rs.30,000/-from her saving account. She also disclosed her ATM Card Detail to said employee for the purpose of withdrawing the amount and said employee of her office withdrew Rs.30,000/-in three entries from her account but she received

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messages regarding withdrawal of Rs.40,000/- from her account. She immediately approached OP-1 and narrated the entire story and requested that Rs.10,000/-have been wrongly debited from her account which her employee has not withdrawn and she also lodged complaint regarding this on customer care number of OPs, but nothing fruitful was done by OPs to resolve her grievance. She approached OPs several times with requests to credit the amount of Rs.10,000/-which were illegally and wrongly debited by OPs, but all in vain, which amounts to deficiency in service.  She has prayed for accepting the complaint. In reply, OP-1 and 2 have denied all the allegations of complainant being wrong and incorrect and asserted that there is no deficiency in service on their part. They stressed mainly on the point that she herself gave her ATM Card alongwith its details to somebody else, which is against the instructions issued by OPs. Moreover, OPs have clearly displayed these instructions on their all ATM Branches and have repeatedly informed and instructed all ATM Card Holders through messages as well as social media that ATM Card should not be handed over to anyone, it is required to be used and operated by card holder himself/herself and have strictly warned to disclose the PIN Number of ATM Card to third person, but in present case, complainant has violated the instructions issued by them and herself gave her ATM card to her office employee and even disclosed its secret PIN Code to that person. Complainant has not placed on record any receipt to show that Rs.30,000/-were withdrawn by said person in three instalments. There is

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no deficiency in service on the part of bank as on every electronic transaction of Rs.10,000/-made by said person, SMS alert was quickly issued by them to complainant clearly indicating the amount of withdrawal against each transaction. Complainant herself ignored the instructions issued by answering OPs through SMS alerts and social media in respect of handing over ATM Card and disclosing its Secret Pin Code to some one else. Bank is not liable for any unauthorised transaction made due to negligence of complainant. Moreover, complainant has herself admitted in her pleadings that she gave her ATM Card and its secret pin code to her office employee for making transaction of Rs.30,000/- and thus, action of complainant in making disclosure of her ATM detail card is itself in violation of instructions issued by OPs and she has herself facilitated the withdrawal in the hands of someone else, which is gross irregularly and negligence on the part of complainant.

9                                    From the above discussion and evidence and pleadings put forward by parties, it is made out that there is no substance in the allegations levelled by complainant as pleadings made in complaint throw light on irregularity and negligence done by complainant in handing over her personal ATM Card alongwith its secret code to somebody else. There seems to be no deficiency in service on the part of OPs and therefore, complaint against OPs stands hereby dismissed. however, in peculiar circumstances of the case, there are no orders as to costs. Copy of

 

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the order be supplied to parties free of cost. File be consigned to record room.

Announced in Open Forum

Dated : 13.11.2019

                                      (Param Pal Kaur)              (Ajit Aggarwal)

                                      Member                                   President