Punjab

Ludhiana

CC/22/248

Gaurav Narang - Complainant(s)

Versus

Axis Bank Ltd - Opp.Party(s)

Paramjit Singh Adv

14 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 248 dated 15.06.2022                                                        Date of decision: 14.06.2023  

 

Gaurav Narang aged 31 years, Proprietor of M/s Kunal Fabrics, 28, 1^st Floor, Eldeco, Near Hussainpura, Ludhiana.                                                                                                                                                          ..…Complainant

                                                Versus

Axis Bank Ltd., Dugri Road, Ludhiana, through Operations Head Manjit Kaur Maan.

                                                                                      …..Opposite Party

Complaint under section 35 of the Consumer Protection Act

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS.MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.P.S.Gumber, Advocate

For OP                           :         Sh.Ashwani Sharma, Advocate

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           The complainant has invoked the jurisdiction of this Commission by raising a consumer dispute against the OPs with regard to marking of lien over the saving account No.921010026777727 in Axis Bank Limited, Chandigarh Road, Ludhiana without the knowledge and consent of the complainant. It is stated in the complaint that the OP has created lien of Rs.8,80,000/- on the account of the complainant due to alleged dispute raised by Mr.Sabir, Proprietor of M/s Insha Fabrics Account No.919020047438564 while referring to the transaction dated 26.04.2022. So, by filing the present complaint, complainant has prayed that OP be directed to remove the lien from the account of the complainant immediately and also to compensate the complainant to the tune of Rs.5 lacs along with Rs.21,000/- as litigation expenses.

2.                Notice of the complaint was issued to the opposite party who appeared through Sh.Ashwani Sharma, Advocate but despite grant of sufficient chances and despite expiry of 45 days, the OP failed to file the written statement and consequently, right to file written statement by the OP stands extinguished vide order dated 20.10.2022. However, an application on behalf of OP u/o 1 rule 10 CPC read with section 151 CPC was filed on 20.10.2022 for impleading Balbir Proprietor of M/s Insha Fabrics as necessary party. Reply to the application was also filed by the complainant on 05.01.2023. Further, an application for the grant of interim relief was filed by counsel for the complainant on 18.05.2023 and reply to the same was also filed by the OP.

3.                During the course of arguments on the aforesaid applications, on 13.06.2023, a letter Ex.C1 was produced by the complainant whereby lien on amount of Rs.8,80,000/- has been marked to the account of the complainant by the Operational Head namely Manjit Kaur Maan of OP. However, there was no reference of any law or rules or instructions of RBI which has been invoked for making of lien. For resolving the said issue, vide order dated 13.06.2023, Ms.Manjit Kaur Maan was directed to appear in person for today itself.

4.                           Today, Mr.Arun Kashyap, Branch Head, Axis Bank, Chandigarh Road, Ludhiana appeared in person and got recorded his statement to the effect that the Hon’ble Commission has summoned Ms.Manjit Kaur Maan, Operation Manager of Axis Bank, Dugri Road Branch, Ludhiana in the present complaint but she is on mandatory leave and so he has come present on her behalf. Further, he got recorded his statement that the bank is ready to remove the lien over the account of complainant Gaurav Narang subject to furnishing of indemnity bond by him at Chandigarh Road, Branch of Axis Bank Limited to the satisfaction of this Hon’ble Commission. The said offer has been accepted by the counsel for the complainant by suffering separate statement that the complainant is ready to furnish the indemnity bond as directed by this Hon’ble Commission. Further, both the parties have prayed for passing the necessary order qua remove the lien over the account of the complainant and disposed of the complaint in view of the statements.

5.                           In view of above recorded statements of the parties today itself, the present complaint stands disposed of with the direction to OP to remove the lien on the saving bank account No.921010026777727 maintained with the OP bank subject to furnishing of indemnity bonds to the tune of Rs.10 lacs by the complainant at Chandigarh Road Branch of Axis Bank Limited within 10 days from the date of receipt of copy of this order and thereafter, OP shall release the amount of Rs.8,80,000/- within 7 days after furnishing the indemnity bonds by the complainant. Further, the parties remain bound by their recorded statements. Copies of order be supplied to parties free of costs as per rules.

6.                 File be indexed and consigned to record room.

(Monika Bhagat)           (Jaswinder Singh)            (Sanjeev Batra)                        Member                     Member                         President

Announced in Open Commission                                           Dated:14.06.2023                                                                                    Gurpreet Sharma.