Haryana

Ambala

CC/94/2021

Jagdeep Singh - Complainant(s)

Versus

Axis Bank Ltd - Opp.Party(s)

Kunal Garg

15 Mar 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case No.         :  94 of 2021.

                                                          Date of Institution           :   17.02.2021.

                                                          Date of decision               :   15.03.2021.

                     

1.       Jagdeep Singh, aged 47 years,

2.       Amarprit Singh, aged 44 years,

3.       Jasvinder Singh aged about 37 years all sons of Shri Gurnam Singh, residents of village Upparli Dhamouli, Tehsil Naraingarh, District Ambala   (HR).

                                                                                      ……. Complainants.

VERSUS

1. Axis Bank Ltd. Branch Magharpura, Tehsil Naraingarh, District Ambala through its Branch Manager.
2. Max Life Insurance Co. Ltd. Shree Complex, 1^st Floor, Cross Road, Nicholson Road, Punjabi Mohalla, Ambala Cantt. Haryana 133001 through its Manager.
3. Gurdeep Singh son of Balbir Singh resident of Kodwa Khurd, Tehsil Naraingarh, District Ambala (then posted at AXIS Bank Ltd. Magharpura, Tehsil Naraingarh, District Ambala and now posted as Cashier at HDFC Bank Ltd., Near Gita Gopal Chowk, Shingar Palace Complex, Nicholson Road, Ambala Cantt.)
4. Samar Dev, (then posted at AXIS Bank Ltd. Magharpura, Tehsil Naraingarh, District Ambala and now posted at Axis Bank Ltd., Near Manav Chowk, Hisar Road, Ambala City, Ambala, Haryana 134003).
5. Axis Bank Ltd., 12 & 85/A, Ground Floor Gulati Market, Green Park, Mahesh Nagar, Ambala Cantt., Haryana 133001 through Branch Manager.

    ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Smt. Kunal Garg, Advocate, counsel for complainant.

 

Order:        Smt. Neena Sandhu, President

Complainants have filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the amount of Rs.32,00,000/- approx. illegally taken from the complainants along with interest to the complainants.
2. To pay compensation for the mental agony and physical harassment suffered by the complainants.
382.  

                   Any other relief which this Hon’ble Commission may deem fit.

 

Brief facts of the case are that on 11.02.2013, Jagdeep Singh i.e. complainant No.1 had opened a saving account No.913010008144605 with the Axis Bank, Branch Magharpura, Tehsil Naraingarh, District Ambala. The OP no.3, i.e. Gurdeep Singh, who at that time was working in the aforesaid Branch and currently working with HDFC Bank Ltd. Branch Ambala Cantt., induced the complainant No.1 to open a limit account with the Axis Bank. The complainant being a poor farmer and illiterate rustic villager, having no knowledge about the banking and insurance and is not aware of his legal rights, fell in trap of OP No.3, Gurdeep Singh and OP No.4, Samar Dev had opened a limit account No.915030052001224, jointly with his brothers namely Amarpreet Singh and Jaswinder Singh, with the OP No.1. The OPs No.3 and 4 and other employees of the Bank and of the Max Life Insurance Company, told him that in order to open a limit account and to avail KCC, he has to purchase insurance policy from the Max Life Insurance Company Ltd. i.e. OP No.2, but he refused to take the insurance policy, as he was not able to pay the premium amount, being a poor farmer, having little source of income. All the employees of the Bank and insurance company, told him that he need not to pay huge amount as  premium on annual basis only one time payment has to be made by him and he would get lakhs of rupees during the period of insurance and he could be free to avail the KCC from the limit account. The OP No.3, Gurdeep Singh obtained signatures of the complainant No.1 on various documents, without telling him about the documents. He also obtained his signatures on several cheques, for making one time payment for insurance policy. The OP No.3 has misappropriated his lakhs of rupees and he also came to know that some of the mis-appropriated amount has been transferred to the account of his family members/relatives. Being a consumer, the complainant has a right to be informed by the Bank, but its employees did not provide him any information. The complainant No.1 had opened a limit account with the Bank, but in return the OPs, in collusion with each other had issued three insurance policies bearing No.265149518, 265481499, 265149443. In the year 2017, OPs No.1 and 2 further induced the complainant No.1 to take more policies in the name of the wives of all the complainants and arbitrarily issued the policy No.311179287, 406857508 and 406098533. The OPs by taking undue advantage of the complainant No.1, had illegally sold the aforesaid policies. Complainant No.1 had deposited his hard earned agricultural income in saving account No.913010008144605, but the Bank marked his lien on the said saving account and as a result whereof he could not be able to withdraw any amount from the said account. In the year 2020, complainant approached the officials of the bank for settlement. The officials of the Bank agreed to settle the matter for a sum of Rs.25,00,000/-. The settlement officer told him that the proposal would be sent to the senior official for approval. However, later on the settlement officer kept on increasing the amount and told him that the matter would be settled for Rs.32,00,000/-. On 26.10.2020, complainant No.1 went to the OP No.1 for completion of his passbook, he got shocked to know that out of the lien amount, an amount of Rs.2,75,000/- was transferred by the officials to the limit account as recovery, whereas at the time of settlement it was assured to him that he would be able to withdraw the entire amount over which lien has been marked. The OPs No.1, illegally and arbitrarily transferred the said amount from his saving account to the limit account. The OPs cheated the complainant No.1, because at the time of settlement, it was informed that after the settlement he would be able to withdraw the amount from his saving account, but the officials of the OP No.1, deliberately transferred the amount of Rs.2,75,000/- in the limit account, without his prior permission. It is further stated that the employees/Manager of the Axis Bank and Max Insurance Pvt. Ltd. in collusion with each other have played fraud and cheated the complainants by misappropriating their money. Complainants served a legal notice dated 04.11.2020, upon the OPs through registered posts and received a vague and evasive  reply dated  03.12.2020, from the OPs No. 1, 4 and 5. The OPs failed to redress the grievance of the complainants, which tantamounts to deficiency in service on their part. Hence, the present complaint.                           

2.                 We have heard the Ld. counsel for the complainant and have gone through the documents annexed with the complaint.

3.                 The allegations of cheating, fraud, manipulation and misappropriation of the money have been levelled by the complainant against the OPs and as such the complicated and complex question of law and facts involved in the present case. Therefore adjudication of the dispute, in just and proper manner leading of voluminous evidence, examination and cross-examination of witnesses and detailed investigation is required. Judicial scrutiny of the matter in detail is not possible before this Commission as the proceedings before the Consumer Court/Commission are summary in nature. In the case of Oriental Insurance Company Ltd. Versus Muni Mahesh Patel 2006 (2) CPC, the Hon’ble Supreme Court has held that proceedings before the Fora are essentially summary in nature. The matter having complex and complicated issues could not be examined by the Consumer Fora and appropriate Court is the Civil Court. Keeping in view all the facts and circumstances of the present case and the law laid down by the Hon’ble Supreme Court in case titled as Oriental Insurance (Supra), we hold that the present complaint filed by the complainants before this Commission is not maintainable, consequently, we hereby dismiss the same in limine without any order as to costs. However, complainants are at liberty to approach the Civil Court of competent Jurisdiction for adjudication of their case. The application filed by the complainants for issuance of directions to the OPs to furnish and provide certain information is disposed of accordingly. Certified copy of this order be supplied to the complainants, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 15.03.2021.

 

 

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                             Member                            President