Delhi

West Delhi

CC/16/308

ANAND KUMAR - Complainant(s)

Versus

AXIS BANK - Opp.Party(s)

29 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

CASE NO.  308/2016

SH. ANAND KUMAR

R/o G-27, BEHIND SBI BANK,

VIKAS PURI, NEW DELHI                                                 …..Complainant

VERSUS

AXIS BANK LTD.

ADD- BRANCH VIKAS PURI,

NEW DELHI-110018                                                        …..Opposite Party-1

 

AXIS BANK LTD.

HEAD OFFICE: 3^RD FLOOR, GIGAPLEX,

BUILDING NO. 1, PLOT NO. I.T.5 MIDC,

AIROLI KNOWLEDGE PARK, AIROLI, NAVI,

MUMBAI-400708.                                                           …..Opposite Party-2

O R D E R

PUNEET LAMBA, MEMBER

The complainant has filed the present complaint against the OPs under section 12 of the Consumer Protection Act, 1986. Briefly the facts of the case are that complainant received a fraudulent call from Axix Bank Credit Card Cell on 12^th Feb, 2016 asking him for verification details of the credit card which he accordingly supplied. It is further averred that on 13^th Feb, 2016 complainant received a message which was stated that Rs. 10,000/- has been debited from his credit card account. The said transaction was done in Mumbai by some Vodafone customer. Complainant never used any Axis Bank Credit Card No. 5241780005556514 at the relevant time because at that time complainant was very much in Delhi so could not use the credit card in Mumbai. He immediately informed the Bank to stop the payment. Complainant has been receiving calls and e-mails from Axis bank to pay the aforesaid amount for which he requested the bank to wave of the amount he did not use the said money. The bank declined his request rather bank levied penalty of Rs. 1445.29/- totaling Rs. 11,445.29/-. The complaint file this complaint for consideration and seeks justice.

          After notice to OP, none put in appearance on behalf of the OP despite repeated calls, accordingly was proceeded ex-parte vide order dated 19.10.2016.

          The complainant has filed ex-parte affidavit of evidence testifying all the facts as alleged in the complaint on oath.

          Though OP is ex-parte in the present case but complaint supposed to prove its own case by leading cogent evidence. The complainant has categorically admitted in his complaint that he received one fraudulent call through which he disclosed all the details of his credit card which lead to the withdrawal of Rs. 10,000/- at Mumbai. The complainant has also filed one e-mail dated 12.04.2016 whereby complainant was informed that OP was unable to process his request as the disputed transaction was successful by using the Password. Admittedly, the Pin Code/Password of the credit card of the OP Bank was in the knowledge of complainant. The credit card transaction could not be processed unless the credit card is inserted in the ATM Machine of Password. It is complainant’s own case that he divulged the details of his credit card. It can be safely presumed that complainant might have shared his password/pin code with the caller which facilitated him to get the amount withdrawn. Later on OP Bank clearly shows that the transaction was successful from the facts stated above, we do not find any kind of deficiency on the part of OP. It is the complainant which appears to be at fault.

          Keeping in view of the discussion stated above, complaint is dismissed being devoid any merit.

File be consigned to Record Room.

          Copy of Order be given as per rules.

          Pronounced this __29TH_________May, 2019.

 

(PUNEET LAMBA)                                                                     (K.S. MOHI)

    MEMBER                                                                              PRESIDENT