Tripura

West Tripura

CC/1/2020

Smt. Krishna Chanda Nandi. - Complainant(s)

Versus

Axis Bank Ltd. - Opp.Party(s)

Mr.A.Nandi, Mr.R.Nama, Miss.S.Roy.

18 Jan 2022

ORDER

THE PRESIDENT
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
WEST TRIPURA : AGARTALA

CASE No. CC- 01 of 2020

Smtr. Krishna Nandi,
W.O- Ashish Nandi,
D/O- Nashu Chanda,
Resident of Ramnagar Road No.2.,
(Third Crossing), P.S. West Agartala,
District- West Tripura, Pin- 799002.    ...….................Complainant.

-VERSUS-

1.  Axis Bank Ltd.
Registered office at Trishul,
3rd Floor, Opp. Samartheswar Temple,
Law Garden, Ellisbridge,
Ahmedabad- 38006, Gujrat,
Having its branch Office at
Banik Tower, HG Branch Road,
Agartala, Tripura(West),

The Branch Manager,
Axis Bank Ltd.,(T.R.),
Banik Tower, HG Basak Road,
Agartala, Tripura(West),
P.S. West Agartala, 799001.    

3.  Axis bank Ltd.,
Asset Sales Centre, 2nd floor,
Warden House, 340, Sir JJ Road,
Byculla(East), Mumbai-400008,
Represented by Mr. Satish M. Sonar,
Legal Manager(Constituted Attorney).    ….....................Opposite Parties.

     __________PRESENT__________

 SRI RUHIDAS PAL
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL COMMISSION
      WEST TRIPURA, AGARTALA.

Dr (SMT) BINDU PAL
MEMBER,
  DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION
  WEST TRIPURA,  AGARTALA.

SRI SAMIR GUPTA,
MEMBER,
  DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

    For the Complainant        : Sri Aashish  Nandi,
                          Advocate.
                                                    
For the Opposite Party        : Smt. Pushpita Chakraborty,
                      Advocate.

 

            JUDGMENT  DELIVERED  ON : 18/01/2022.

J U D G M E N T
        This case has been filed by the complainant Smt. Krishna Nandi who is a Senior School Teacher. The complainant have opened a Savings Account with the O.P. No.2 on 12th August, 2015. She was assigned Savings Bank Account No.915010026068730. After opening the savings account she upgraded her account and deposited Rs.20,000/-. In the year, June 2016 the complainant have fallen into serious illness in the nature of nerve disorder. She availed the treatment and she had to visit Kolkata. Considering the distress condition, the O.P. No.2 have made proposal for obtaining a credit card facility and assured that through credit card the complainant can incur her required expenditure and those transaction can automatically be adjusted from her savings bank account(auto Payment option). Accordingly credit card was issued to the complainant by the O.P. The complainant used the said credit card for purchase of air ticket during middle part of 2016-2017. On several occasion complainant visited O.P. bank for updation of her pass book but the O.P. by showing unjustified reasons have refused her with oblique intention. On 8th June complainant has received a phone call for repayment of considerable amount accrued against her credit card number into the bank of the O.P. No.2. Complainant appeared to the office of the O.P. No.2 asked for clarification of the actual expenditure incurred by her but that was not supplied to her. On 11th May, 2018 demand notice was issued to the complainant for payment of Rs.50,545/- arising out of use of her credit card in favour of the O.P. No.3 within 14 days. Despite her attempts she could not know what was her actual liability and how the same was arisen. During the period from the middle of 2017 to February 2019 she had received so many phone calls from the bank of O.P. No.2  where in it was cautioned her to face dire consequences. O.P. also sent notice  into her school, through messenger in the common room of teachers. Finally a notice was served upon the complainant for appearing before the sole arbitrator at Mumbai and finally  said arbitrator have passed an award against the complainant and have also served a signed copy under the provision of Section 31(5) of the Arbitration and Conciliation Act, 1996. Complainant came to realize that the O.P. has vindictive attitude  aimed to harass as well as to squeeze  the money form their clients/ consumers. From the date of opening of credit card i.e., from 03.06.2016 to till date she did not receive any message from the O.P.  with request to deposit  the credit liability or failed to assign any reason why''auto option'' link was not done in her case or restore in her favour despite clear assurance of the O.P.  complainant finally made prayer for furnishing the statement of transaction w.e.f. 10th March, 2017 to 22nd October, 2019 through registered post. Complainant finally made final request for furnishing transaction statement of the credit card w.e.f. 03.06.2016 till 12811.2019 but that was also not furnished by the O.P. they only furnished fragmented statement showing the increasing trend of outstanding instead of showing the actual expenditure and. They also failed to assign any reason why the same was not adjusted from her savings account using ''auto adjust option'' like other private banks. By this way and attitude the O.Ps have deliberately failed to render proper service and followed unfair trade practice and illegally imposed a financial liability to the extent of more than Rs.70,000/- upon the complainant and also defamed her status/ reputation among the other school teachers. According to the statement  collected by the complainant on 31.10.2019 there is savings balance amounting to Rs.20,421/-. Complainant also made an attempt on last 23rd December, 2019 for withdrawal from her savings bank account but that was refused by the O.P. No.2 showing the reduced balance without any explanation. Hence the complainant filed this complaint praying for compensation of Rs.10,00,000/- together with interest @12% per annum.

2.        On the other hand O.Ps appeared and filed written statement denying all the allegations made by the complainant. In their written statement the O.Ps. have stated that the instant petition is not maintainable in its present form and nature. There is no jurisdiction to entertain and adjudicate the dispute and liable to be rejected. The complaint petition is bad for non-joinder of necessary parties. In response to Para 1, 2, 3 and 4 the O.P. stated that there is nothing to say as the matter of records. In regard to para no. 5, 6, 7 & 8 the O.Ps submitted that as per prayer of the complainant the authority has issued the credit card maintaining all formalities and as per existing rules. Regard to para-9 the O.Ps submitted that the allegations made by the complainant that she visited the office of the O.P. no.2 for getting updation of her pass book which was refused by the bank, Agartala Branch is totally false and fabricated. O.P.s also submitted that legally by maintaining all the formalities the demand notice has been issued to the complainant and there was no ill intention of the O.Ps to harass the complainant or to demand any high amount from her against the said credit card. There is no deficiency of service on the part of the O.Ps. She availed the facility but without paying the bill she whimsically has filed the complaint petition before this Commission to take the illegal gain from the O.P. which is not entertainable in the eye of law. Hence, the O.Ps prayed for dismissal of the compalaint.         
3.        EVIDENCE ADDUCED BY THE PARTIES:-
        Complainant submitted examination in chief on affidavit.  She also produced 12 documents which is marked as Exhibit 1 Series.
        On the other hand one Md. Saraj Ahmed, Branch Head, Azis bank, Agartala Branch submitted examiantion in chief  on affidavit on beahlf of the O.P. and submitted 3 documents which are marked as Exhibit- A Series.
        
4.             POINTS TO BE DETERMINED: -
        (i).  Whether complainant is maintainable in law?
        (ii) Whether there is deficiency of service on the part of the O.Ps?
         (iii)Whether the complainant is entitled to get compensation/ relief as prayed for?
    
5.                ARGUMENTS: -
        
             
DECISION AND REASONS THEREOF:-
                     
        Supply a certified copy of the judgment to both the parties free of costs.    
    

Announced.

SRI R. PAL
PRESIDENT,
DISTRICT CONSUMER  
DISPUTES REDRESSAL COMMISSION,
WEST TRIPURA, AGARTALA.

 

Dr (SMT) B. PAL
MEMBER,
  DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION,
  WEST TRIPURA,  AGARTALA.
  

 

 SRI SAMIR GUPTA,
MEMBER,
  DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION
  WEST TRIPURA,  AGARTALA.