Haryana

Kurukshetra

CC/156/2021

Shekhar Kapoor S/o Banarsi Lal - Complainant(s)

Versus

Axis bank Road - Opp.Party(s)

Shekhar Kapoor

13 Sep 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

 

Complaint No.156 of 2021

Date of Instt.:14.06.2021

Date of Decision:13.09.2021.

 

Shekhar Kapoor son of Banarsi Lal, resident of house No.1839,Sector -3, Urban Estate, Kurukshetra, Haryana 136118.

 

                                                                        …….Complainant.                                              Versus

 

Axus Bank , Railway Road, Kurukshetra through its Manager.

 

                ….…Opposite party.

 

                Complaint under Section  35 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Shri Issam Singh Sagwal, Member.                

                 

Present:     Sh.Shekhar Kapoor Advocate-complainant in person.

                 OP ex-parte.

.

ORDER

                  

                 This is a complaint under Section 35 of the Consumer Protection Act, 1986 moved by the Shekhar Kapoor   against Axis Bank -the opposite party.

 

2.             The brief facts of the complaint  are that the complainant is having account No.911010015260831 with the OP-Bank.  It is further submitted that on 24.4.2021 an amount ofRs.236/- was deducted from the  account of the complainant in lieu of Debit card charges. On that the complainant visited the OP and shown the record (Pass book and old debit card) to the  OP-Bank and the employees of the OP told that the said charges were deducted for your new debit card and told that your old debit card was valid upto April 2021 and assured the complainant that it will be received at your residence address within ten to fifteen days. That after deduction of RTs.236/- in lieu of new debit card, his old debit card was become invalid and stop working due to that the complainant is unable to do their  routine transaction. The complainant after one month again visited the OP bank and as per record the complainant was neither having in record old debit card nor the new debit card for which deduction was made on 24.4.2021.It is further submitted that after lapse of one and half month, the OP has not issued the new debit card nor the old debit card is working, therefore, the complainant has suffered huge loss during this COVID -19 Pandemic situation, as the complainant could not be able to do online transactions  for want of debit card which was not issued by the OP This act on the part of the OP amounts to deficiency in services on the part of the OP bank and has thus sought compensation. This, the complainant has filed the present complaint alleging deficiency in services on the part of the OP and claimed compensation for deficiency in services on the part of the OP.

 

3.             Notice of the complaint was given to the OP. OP was duly served upon but failed to appear and contest its case. Therefore, vide order dated 29.07.2021, the OP was proceeded against ex-parte.

 

4.             The complainant in support of its case has filed his affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-3 and closed his evidence.

 

5.             We have heard the complainant and gone through the material available on the case file.

 

6.             The complainant has argued that on 24.4.2021, the OP deducted Rs.236/- from the account of the complainant for issuance of new debit card as the old debit card was valid upto  April 2021.  The complainant contacted the Ops and requested to issue the new debit card but the Ops failed to issue the new debit card despite receipt of charges of Rs.236/- for the same. It is also argued that in the absence of debit card the complainant could not be able to do the online transactions during COVID-19 Pandemic situation, which gave him mental harassment and agony. This act on the part of the OP amounts to deficiency in services on the part of the OP.

 

7.     After hearing the complainant we are of the considered view that despite receipt of charges of Rs.236/- the Ops failed to issue the debit card to the complainant. Thus, in the absence of the debit card, the  complainant could not be able to do online transactions  during this COVID-19 Pandemic situation which made him to suffer mental agony and pain  besides financial loss. The version put forwarded goes unrebutted and unchallenged and it is proved that despite receipt of charges of Rs.236/- the OP could not issued the debit card to the complainant and in the absence of the debit card the complainant could not be able to do online transaction during this COVID-19, and as such there is deficiency in services on the part of the OP and the  complainant is entitled for compensation.

 

8.             In view of the above discussion, we accept the present complaint and direct the OP-bank to issue the debit card to the complainant. The complainant shall also be entitled for a sum ofRs.20,000/-  on account of grave deficiency in services on the part of the OP.   The OP is further directed to make the compliance of this order within a period of 45 days from the date of receipt of the copy of this order, failing which failing which, the complainant will be at liberty to initiate proceedings under Section 72/75 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open Commission:

Dt.:13.09.2021.                                                   (Neelam Kashyap)

                                                                             President.

 

 

        (Issam Singh Sagwal),        

                 Member.