| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No.453-14 Date of Institution:22-08-2014 Date of Decision:27-04-2015 Pardeep Singh son of Chanchal Singh, resident of Jandiala Guru, Tehsil & District Amritsar. Complainant Versus AXIS Bank Limited, Gehri Mandi through Manager, AXIS Bank Limited, Gehri Mandi, Amritsar. Opposite Party Complaint under section Consumer Protection Act, 1986. Present: For the Complainant: In person. For the Opposite Party: Sh. B.S.Arri, Advocate. Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Ms.Kulwant Kaur Bajwa, Member. - Present complaint has been filed by Sh.Pardeep Singh complainant under the provisions of the Consumer Protection Act alleging therein that he alongwith his son Harsumeet Singh having joint account bearing No.179010100170130 with Opposite Party-Bank. Complainant alleges that his son Harsumeet Singh is residing in Ireland (Doublin City) and his son needed money for depositing fee of his education. The official of the Opposite Party assured he complainant that the money will be sent to recipient within 3 days and on the assurance of official of the Opposite Party, on 15.7.2014, the complainant deposited money with Opposite Party for sending the same to his son. After four days, the complainant came to know that the money has not been received by his son. Due to non receipt of money, the son of the complainant was compelled to deposit penalty and suffered mental tension also. After 15-16 days, the officials of the Opposite Party told the complainant that they could not send the money to the son of the complainant and credited the amount of Rs.2,76,802.70 in the account of the complainant instead of Rs.2,92,950.60. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to pay compensation amounting to Rs.50,000/- besides Rs. 10,000/- as litigation expenses.
- On notice, opposite party appeared and filed written version in which it was submitted that the complainant approached the Opposite Party to send the money to his son in abroad and he filled the application form-cum-Form A2 Retail Outward Remittance & Foreign Currency Demand Draft in which he has mentioned wrong bank code and the same was duly signed by him. Due to mentioning the wrong bank code, the money could not be sent to the son of the complainant. When the complainant approached the Opposite Party, the Opposite Party made enquiry and it was transpired from J.P.Moregan AG that the Code number given is unknown. Said bank returned the amount after deducting the difference of the currency rate at the time of sending the money and at the time of returning the money as well as after deducting the transaction charges. Said J.P.Moregan AG after making the total deduction returned the amount of Rs.2,76,802.70 out of the total amount of Rs.2,92,950.60 and said amount has already been credited in the account of the complainant immediately by the Opposite Party and as such, there is no fault on the part of the Opposite Party and rather it is the complainant who is at fault as he himself mentioned the wrong code in his application form for transfer of money. While denying and controverting other allegations, dismissal of complaint was prayed.
- Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 and Ex.C3 and closed the evidence on behalf of the complainant.
- Opposite Party tendered into evidence affidavit of Sh.Amit Mehra, Manager Ex.OP1 alongwith documents Ex.OP2 to Ex.OP6 and closed the evidence on behalf of the Opposite Party.
- We have carefully gone through the pleadings of the parties; arguments advanced by the complainant and ld.counsel for the Opposite Party and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for the Opposite Party.
- From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant is holder of account No.179010100170130 with Opposite Party-Bank. Complainant alleges that he sent amount to his son who is residing and studying in Ireland (Doublin City), on 15.7.2014 and the Opposite Party assured that transaction will be completed within 3 days, but when the complainant confirmed from his son after 4 days, his son Harsumeet Singh replied from abroad that he has not received any amount. The complainant approached the Opposite Party- bank in this regard and told to the Opposite Party bank that due to non receipt of the amount by his son, he could not deposit his fee. After 15-16 days, the Opposite Party told the complainant that the transaction could not be completed, so the complainant should take money back and they deposited the amount in the account of the complainant. When the complainant enquired, he found that on 16.7.2014, the Opposite Party has deposited Rs.2,92,950.60 to the account of the complainant whereas they credited the amount of Rs.2,76,802.70 to the account of the complainant on 28.7.2014 thereby, the Opposite Party has illegally deduced Rs. 16147.90 from the account of the complainant. They had also not sent the amount to the son of the complainant in Ireland (Doublin City). The complainant submitted that all this amounts to deficiency of service on the part of the opposite party.
- Whereas the case of the opposite party is that the complainant who has joint account in the Opposite Party bank, approached Opposite Party for sending the money to his son in Ireland and filled in application form-cum-Form A2 Retail Outward Remittance & Foreign Currency Demand Draft, but the complainant mentioned the wrong bank code in the said application, copy of which is Ex.OP2. This application was filled in and completed by the complainant under his own signatures. Money could not be reached the son of the complainant in Ireland due to wrong code of the bank given by the complainant in application form. When the complainant approached the Opposite Party bank, they made enquiry and it was transpired from J.P.Moregan AG that the Code number given is unknown. Said bank returned the amount after deducting the difference of the currency rate at the time of sending the money and at the time of returning the money as well as after deducting the transaction charges. Said J.P.Moregan AG after making the total deduction returned the amount of Rs.2,76,802.70 out of the total amount of Rs.2,92,950.60 and said amount has already been credited to the account of the complainant immediately by the Opposite Party. Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the opposite party.
- From the entire above discussion, we have come to the conclusion that the complainant has joint account with the Opposite Party bank bearing account No.179010100170130. Son of the complainant namely Harsumeet Singh is residing and studying abroad in Ireland (Doublin City). The complainant approached Opposite Party Bank to send the money to his son in Ireland on 15.7.2014 and he filled in application form i.e. Form A2 Retail Outward Remittance & Foreign Currency Demand Draft Ex.OP2. The complainant filled in this form and signed the same in token of its correctness. The Opposite Party Bank resultantly sent Rs.2,92,950.60 on 16.7.2024 as per detail of Euro Ex.OP3 by debiting this amount to the account of the complainant. Thereafter, the complainant approached the Opposite Party Bank after 4-5 days with the complaint that the amount did not reach his son in Ireland. Resultantly, Opposite Party Bank made enquiry and it was transpired from J.P.Moregan AG that the Code number given by the complainant in the application Ex.OP2 was wrong code number which is unknown. Said bank returned the amount i.e. Rs.2,76,802.70 as per detail of the Euro Ex.OP4 on 28.7.2014 after deducting transaction charges. All this happened due to increase/ decrease in the value conversion of rupees in Euro i.e. INR in terms of Euro. This amount was received by the Opposite Party bank from said J.P.Moregan AG on 28.7.2014 and same was credited to the account of the complainant on the same day i.e. 28.7.2014 without any delay on the part of the Opposite Party as is evident from the statement of account produced by the complainant himself Ex.C2. The complainant could not rebut these averments of Opposite Party Bank and he also could not prove that the code mentioned by the complainant in application form Ex.OP2 was correct. So, it stands fully proved on record that this transaction could not materialize due to wrong code supplied by the complainant himself. As such, there is no fault on the part of the Opposite Party Bank. Further, the amount deducted from the money sent by the complainant to his son was deducted by J.P.Moregan AG because of difference of value of INR in terms of Euro at the time of sending the amount and at the time of returning the amount as is evident from the details of Euro Ex.OP3 and Ex.OP4.
- Consequently we hold that complainant has failed to prove on record any deficiency of service on the part of the opposite party.
- Resultantly the complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Dated: 27-04-2015. (Bhupinder Singh) President hrg (Kulwant Kaur Bajwa) (Anoop Sharma) Member Member | |
