District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 153/2021.
Date of Institution:18.03.2021.
Date of Order:15.05.2023.
M/s. Tarun Jewellers, Shop No. 25, Sector-7, HUDA Market Faridabad through its proprietor Sh. Tarun Jain son of Shri Satyabir Jain, Pin – 121006, Mob. No. 9990032798.
…….Complainant……..
Versus
1. Axis Bank Ltd., SCO-40, Sector-7 Market, Faridabad through its Branch head/Branch Manager, Pin – 121006.
2. Mr. Amit Vishnoi SS No. 9289, Emp. NO. 56604 posted as branch head Axis Bank Ltd., SCo-40, Sector-7 Market, Faridabad.
3. Axis Bank Ltd., 3rd floor, SCO-29, Sector-14, Gurugram (Haryana), Pin – 122001.
4. State Bank of India (Main Branch) Near Agra Chowk Palwal, Tehsil & District Palwal through its Chief Manager/branch Head, Pin – 121102.
5. State Bank of India, Head office : 1, Jai Singh Marg, Connaught Place, New Delhi, Pin – 110 001.
…Opposite parties
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Tarun Bhardwaj, counsel for the complainant.
Sh. J.S.Yadhuvanshi , counsel for opposite parties Nos.1 to 3.
Sh. Nitin Walia, counsel for opposite parties Nos.4 & 5.
ORDER:
The facts in brief of the complaint are that the complainant was operating a current account No. 9160200543511 with opposite party No.1 and thus he was consumer of opposite parties Nos.1 & 2. On 29.02.2020, a customer approached to the shop of complainant and purchased gold and gold ornaments valuing Rs.12,52,572/- including SGST & CGST against bill invoice No. 1437 dated 29.02.2020 and out of which Rs.10,00,000/- was transferred through RTGS from SBI Palwal Branch i.e opposite party No.4 in the current Account No. 9160200543511 of complainant vide transaction reference NO. SBINR12020022900126053 dated 29.02.2020 and the balance amount of sale was paid through credit/debit cards, The RTGS transaction was duly made by the bank authorities of opposite party No.3 after completion of all legal activities suppose to be conducted by banks in their transactions and thereafter, said amount of Rs.10,00,000/- was transferred in the account of complainant being correct and genuine. The customer also produced Pan NO. CNXPR0940J in the name of Ram Rati duly mentioned in bill invoice by complainant. On 15.01.2021 i.e after approx. one year of sale of above mentioned jewellery, when complainant visited in the esteemed bank branch of opposite party No.1, he was surprised and shocked to know that his aforementioned current account No. 9160200543511 had been freezed/blocked including marked lien of Rs.10,00,000/- on 14.01.2021 against above mentioned RTGS transactions date 29.02.2020 without any notice or knowledge of complainant illegally and unlawfully. No such order was ever passed by any competent court of law to freeze/attach the above noted current account of complainant. The Esteemed bank branch i.e. opposite party No.1 had illegally freezed above mentioned current account of the complainant, while opposite party No.1 had no such authority in itself to act as court of law. Moreover, complainant had never committed any wrong or fraud and he had legally sold his gold and gold ornaments and even the entire transaction was made digitally and transparently as per guidelines of Government of India as well as Reserve Bank of India. Therefore, opposite party No.1 or an individual i.e opposite party No.2 who had act in illegal, unlawful manner should be liable and responsible for the financial losses. Mental agony and pain suffered by complainant because of illegal act and conduct of opposite parties. The complainant moved an application on 15.01.2021 before opposite parties Nos.1 & 2 to defreeze/operate his above mentioned current account and they seek sometime to operate the said account. Therefore, complainant again visited esteemed bank branch of opposite parties on 25.01.2021, then opposite party No.2 issued a letter alongwith a copy of FIR according to which lien of Rs..10,00,000/- was marked against current account NO. 916020052543511 of complainant. Thereafter, the complainant again moved an application on 25.01.2021 before opposite parties stating that he had not committed any wrong, hence, his current account to make operational, but in vain. The complainant had visited several times in the esteemed bank branch of opposite parties and requested them to defreeze his account but no trustworthy reply had been given by them. Then the complainant requested to opposite parties to permit to withdraw his hard earned money of Rs.3,50,000/- (approx.) already deposited in his account but they refused to do so. The complainant sent legal notice dated 02.02.2021 to the opposite party through registered post but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) defreeze the current account No. 916020052543511 of complainant with immediate effect and direct the opposite party to refund/withdraw his deposited amount of Rs.3,50,000/- (apprx.) with interest @ 18% p.a. from the date of deposit till actual realization/refund to the complainant.
b) pay Rs. 2,50,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 25,000 /-as litigation expenses.
2. Opposite parties Nos.1 to 3 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 to 3 refuted claim of the complainant and submitted that the complainant was maintaining current account No. 9160200543511 with the answering opposite parties. ON 29.02.2020 a sum of Rs.10,00,000/- was credited in the said current account of the complainant vide RTGS bearing UTR No. SBINR1202002200126053 generated from State Bank of India Palwal branch i.e opposite party No.4 from the account of its customer Smt. Hem Rathi maintaining saving account NO. 10801747458 with the opposite party No.4. Further it was submitted that on 13.01.2021, the answering opposite parties received one email dated 13.01.2021 from opposite party No.4 whereby the opposite party No.4 informed that answering opposite parties that they had received complaint form Mrs. Hem Rathi A/c. No. 10801747458 and as per complaint her account was unauthorized debit with Rs.10,00,000/- on 29.02.2020 vide UTR No. SBINR12020022900126053 and further vide email dated 13.01.2021 the opposite party No.4 sent RBI settlement report. Further the Customer Facilitation centre team of the answering opposite parties sent email dated 14.01.2021 to the answering opposite parties thereby directing the answering opposite parties to mark lien on a sum of Rs.10,00,000/- in the said current account of the complainant against wrong/unauthorized NEFT transactions. Further it was submitted that as the rules & regulations of the Reserve Bank of India and as per the Banking Regulation Act, it was mandatory on the part of the answering opposite parties to comply the instructions issued to the opposite party No.4 and accordingly lien was marked in the abovesaid current account of the complainant a sum of Rs.10,00,000/- on 14.01.2021 and the answering opposite parties informed the complainant telephonically regarding markng of lien. Further it was submitted that the complainant visited the branch of the answering opposite parties Nos.1 to 3 on 25.01.2021 and submitted letter dated 25.01.2021 stating that his current account had been freezed and further requested the answering opposite parties to defreeze the same. Thereafter the answering opposite parties informed the complainant that State Bank of India Palwal Main Branch had sent email dated 13.01.2021 to the answering opposite parties and other higher officials of the opposite party No.1 stating that the said NEFT transaction of Rs.10,00,000/- on 29.02.2020 from the account of Ms. Hem Rathi was unauthorized. Further the opposite party No.4 also informed the answering opposite parties that some fraud had occurred in the saving account No. 10801747458 and from the said saving account a sum of Rs.10,00,000/- was sent/remitted in the current account of the complainant through NEFT dated 29.02.2020 vide UTR No. SBINR12020022900126053 whereas the account holder Smt. Hem Rathi had denied all such transactions which took place in her saving account form 29.02.2020 to 02.03.2020 maintained with the opposite party No.4. Further opposite party No.4 also submitted the copy of FIR No. 0171 dated 01.05.2020 which was already on the file. Further as the matter was pertaining to the opposite parties Nos.4 and 5, therefore the outcome of the said FIR was not known to the answering opposite parties. Opposite parties Nos.1 to 3 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Opposite parties Nos.4 & 5put in appearance through counsel and filed written statement wherein Opposite parties Nos.4 & 5 refuted claim of the complainant and submitted that one customer namely Ms. Hemrati W/o Mr. Raghubir Singh maintained Account No. 10801747458, in the branch of replying opposite party No.4 and Rs.10,00,000/- was transferred fraudulently from above said account on dated 29.02.2020 bearing transaction NO. SBINR12020022900126053, credited in the current account No. 9160200543511 of the complainant, maintained in Axis Bank Limited. It was further submitted that when above said fraud came in the notice of our customer Ms. Hemrati, then she lodged FIR No. 0171 in PS, City Palwal u/s 120-B, 406, 419, 420, 467, 468, 471 IPC and after receiving direction from SHO City Palwal, taking due diligence the reply opposite party No.4 , requested to Axis Bank for marking Lien Over Rs.10,00,000/- against fraud RTGS in account No. 9160200543511. It was further submitted that now the replying opposite parties had no objection it the lien amount Rs.10,00,000/- was released by Axis Bank to the complainant as the investigation in the matter had become complete now.Opposite parties Nos.4 & 5 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties – Axis Bank Limited etc.. Ltd. with the prayer to: a) defreeze the current account No. 916020052543511 of complainant with immediate effect and direct the opposite party to refund/withdraw his deposited amount of Rs.3,50,000/- (apprx.) with interest @ 18% p.a. from the date of deposit till actual realization/refund to the complainant.
To establish his case the complainant has led in his evidence,
Ex.CW1/A – affidavit of complainant firm,Ex.C-1 – Registration certificate, Ex.C-2 statement between 01.12.2020 and 31.12.2020 for A/c 916020052543511, Ex.C-3 – GST Invoice,, Ex.C-4 – whatsapp message, Ex.C-5 – transactions, Ex.C-6 – letter written by the complainant to Axis Bank, Ex.C-7 – letter dated 25.01.2021, Ex.C-8 – FIR,, Ex.C-9 – letter by the complainant to Axis Bank which was received by the Axis Bank on 25.01.2021, Ex.C-10 – legal notice,, Ex.C-11 – postal receipts, Ex.C-12 – letter dated 10.2.2021, Ex.C-13 – Adhaar card.
On the other hand counsel for the opposite parties Nos.1 to 3 strongly agitated and opposed. As per the evidence of the opposite parties Nos.1 to 3 Ex.RW2/A – affidavit of Tarun Tiwari, Operation Head Axis bank Ltd, Sector-7, Faridabad, Ex.R-1 – FIR, Ex.R-2 & 3– letters, Ex.R-4 – letter which was received by opposite party on 25.1.2021, Ex.R-5 – email dated Jan.13,2021,, Ex.R-6 – email dated 25.01.2021, Ex.R-7 & 8– not readable, Ex.R-9 – letter dated 21.03.2020, Ex.R-10 & 11 – not readable,, Ex.R-12 – letter dated 27.4.2020, Ex.R-13 & 14 – not readable, Ex.R-15 – FIR
Opposite party Nos.4 & 5 led in his evidence Ex.RW1/A affidavit of Shri Rajesh Kumar, Deputy Branch Manager, State Bank of India, Main Branch, Palwal.
7. In this case, opposite party Nos. 4 & 5 admitted in his affidavit, that one customer namely Ms. Hemrati W/o Mr. Raghubir Singh maintained Account No. 10801747458, in the branch of replying opposite party No.4 and Rs.10,00,000/- was transferred fraudulently from above said account on dated 29.02.2020 bearing transaction NO. SBINR12020022900126053, credited in the current account No. 9160200543511 of the complainant, maintained in Axis Bank Limited. When the above said fraud came in the notice of our customer Ms. Hemrati, then she lodged FIR No. 0171 in PS, City Palwal u/s 120-B, 406, 419, 420, 467, 468, 471 IPC and after receiving direction from SHO City Palwal, taking due diligence the opposite party No.4 , requested to Axis Bank for marking Lien Over Rs.10,00,000/- against fraud RTGS in account No. 9160200543511. Opposite parties Nos.4 & 5 had no objection it the lien amount Rs.10,00,000/- was released by Axis Bank to the complainant as the investigation in the matter had become complete now.
8. Keeping in view of the above submissions, the Commission is of the opinion that the complaint is allowed. Opposite parties Nos. 1 to 3 are directed to defreeze the current account No. 916020052543511 of the complainant and opposite parties i.e State Bank of India bank will also send an email to the Axis Bank to defreeze the above mentioned account of the complainant as prayed for. Opposite parties Nos.4 & 5 are also directed to pay Rs.2200/- as compensation for causing mental agony & harassment alognwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 15.5.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
