Haryana

Kurukshetra

265/2016

Arun Kumar - Complainant(s)

Versus

Axis Bank - Opp.Party(s)

Shekhar Kapoor

24 Jan 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Complaint no.265/16.

Date of instt. 21.9.16. 

                                              Date of Decision: 24.1.18.

 

Arun Kumar son of Balbir Chand, Proprietor Lala Ji Travels, Pehowa, District Kurukshetra.

       

                                          …Complainant. 

                        Versus      

 

1. Axis Bank Limited, Trishul, 3^rd Floor, Opposite Samaratheswar Temples, Near Law Garden, Ellis bridge Ahmdabad, Gujarat, through its Managing Director.
2. Reena Dahibavakar, The Principal Nodal Officer, Axis Bank Limited, Corporate Office, Axis House, Wadia International Centre, Pandurang Bhudkar Marg, Worli, Mumbai.
3. Axis Bank Limited Saraswati Khera, Branch District Kurukshetra, through its Branch Manager,Puneet Raheja.

                                            …Opposite parties.

 

Complaint under section 12 of Consumer Protection Act.                   

 

Before              Sh. G.C. Garg, President.    

                        Dr. Jawahar Lal Gupta, Member.

       

 

Present:        Sh. Shekhar Thakur, Adv. for complainant.

Sh. Rohtash Jangam, Adv. for the OPs.

 

  

ORDER

 

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Arun Kumar against Axis Bank and others, the opposite parties.

2.             It is stated in the complaint that the complainant is operating a bank account in Axis Bank Limited Branch Saraswati Khera District Kurukshetra, having bank account No.913020055491083 since, 2015 and the said branch is functioning under the administration and control of OP No.3 i.e. Puneet Raheja and whole banking operations are performed under the administrative control and direction of OP No.1. Since from the inception of bank account with OP No.3 the officials of OP No.3 are indulging in malpractices which the complainant noted & felt while operating his bank account. His mobile number was not registered despite clear mentioning in form of opening bank account. The complainant went to bank claiming his statement of such bank account for the purpose of filing ITR in June, 2016 and he found that an amount of Rs.300/- was deducted out of his bank account in the form of consolidated charges and Rs.43.50 as service tax, without intimation or notice to the complainant. The complainant enquired from the officials of Op No.3 and Op No.2 about such unauthorized deduction and it was reported that the amount was deducted due to issuance of duplicate bank statement erroneously and after due protest, the same amount was reversed in to bank account on 16^th June, 2016. The complainant issued cheque No.001857 dated 8^th July, 2016 of above said account amounting to Rs.14,300/- to Garg Tour & Travels, Pehowa, Kurukshetra for issuing him a ticket for Thailand to him, despite his knowledge that the account was having sufficient balance to honour such cheque. The complainant received a telephonic call from Amit Kumar and asked complainant to deposit the difference or otherwise the cheque would be dishonored. Shockingly, the same cheque was returned/dishonored on the ground of signature mis match vide memo No.1857, 4^th August, 2016. Apparently, the signature of complainant was not differed at all from the signature upon cheque. Due to such wrong dishonoring by the official of OP No.3, the complainant was made liable to pay Rs.3500/- on such instance to Garg Tour & Travel and the complainant’s whole tour of Thailand and complainant faced mental agony and harassment. The complainant visited to the office of Op No.3 on 4.8.2016 and took his self paid cheque No.001858 amounting to Rs.14,300/-, where the branch official, namely, Sahil reported that cheque was not likely to be honored due to insufficient funds and the same might be a part of Videography of the bank and the branch manager scolded complainant and compelled to sign on blank page, which the complainant denied to accept and left the branch and the complainant wrote an email to Op No.2 by stating his grievance and requested to disclose his balance as branch officials are very un-cooperative and the complainant received email dated 5^th August, 2016 and vide email dated 9^th August, 2016, the OP No.2 reported that Rs.115/- was also deducted on account of duplicate statement and charges and the same charges were reversed on 4^th August, 2016 and where as per real and correct facts, the complainant was never issued any duplicate statement and such charges were levied without any intimation or notice to the complainant. As relationship of law of banker and account holder is a bailment under which fiduciary relation of trust is expected to maintain by bankers but in the present case, the branch official of OP No.3 are indulging in malpractices and accordingly the complainant issued a legal notice dated 11.8.2016 calling explanation from all the Ops that in case a cheque becomes dishonoured despite having sufficient funds due to such charges without notice and intimation on the ground of insufficient funds became so which caused loss of reputation in business circle and make liable to face criminal proceedings under Section138 of the Negotiable Instrument Act, 1881, but till date no reply has been given. Thus, it amounts to deficiency in service on the part of Ops and as such, the present complaint has been moved by the complainant with the prayer to direct the Ops to pay Rs.4,00,000/- as compensation for mental agony and physical harassment and Rs.11,000/- as litigation expenses.

3.             Upon notice, opposite parties appeared and contested the complaint by filing written statement taking preliminary objections alleging that the present complaint is not maintainable; that the complainant has concealed the true and material facts from this forum and as such, he is not entitled for any compensation; that the complainant was not maintaining average balance in his account due to which consolidated charges was deducted on account of non maintaining the average quarterly. Further, on dated 4.6.2016 the complainant visited the branch office of OP No.3 with the request of issue of statement of account and whereupon he was informed by the bank official that customer request form is required to be filled and signed by him for issuing the above said statement of account, upon which the complainant stated that he would signed the customer request form later on, therefore, system has charged a sum of Rs.300/- for issue of statement account. Aggrieved there from, the complainant made complaint to nodal officer, where upon as a good gesture, the bank has agreed to return Rs.300/- an again on the request, the statement of account was generated from his above said account and a sum of Rs.100/- was also charged by system on account of issue of duplicate account statement. Further a legal notice was issued by the complainant on wrong facts and circumstances. However, the same duly replied by the answering Ops on 8.9.2016. Wherein it was stated that on 4.8.2016 complainant issued cheque of Rs.14,300/- in favour of Garg Tour & Travels, Pehowa, however, the said cheque could not be honored due to mis match of signature and this fact was duly informed to the complainant, but later on the same day, he visited the bank premises and filed cheque amount i.e. Rs.14,300/- and presented the same to the cashier for payment, the cashier requested him that business hours of the bank are over and after 3:30 P.M. and they cannot make any transaction in between, whereupon the complainant become furies and asked the manager and banking staff that he will teach lesson to them for imposing the consolidated charges in his account and further for not honouring his cheques. Therefore, in order to get reverse the consolidated charges, the complainant has filed this wrong and false complaint. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of answering Ops and as such, the complaint of the complainant is liable to be dismissed with costs. On merits, the contents of the complaint were denied. Preliminary objections were repeated. Prayer for dismissal of the complaint was made.

4.             The complainant proved on record his own affidavit as Ex.CW1/A, photo stat copy of statement of account as Ex.C1, photo stat copies of emails as Ex.C2 to C8, photo stat copy of statement of account as Ex.C9, photo stat copy of email as Ex.C10, photo stat copy of cheque dated 8.7.2016 as Ex.C11, photo stat copy of returning memo as Ex.C12 , photo stat copy returned reasons code as  Ex.C13, photo stat copy of cheque as Ex.C14, photo stat copy of postal receipts as Ex.C15, photo stat copy of legal notice as Ex.C16, photo stat copy of email as Ex.C17, photo state copy of statement of account as Ex.C18 and thereafter closed the evidence. On the other hand, the Ops proved on record photo state copy of cheques referred/returned register as Ex.R1 and photo stat copy of accounts ledger enquiry as Ex.R2 and thereafter closed evidence.

5.             We have heard the learned counsel for the parties and have gone through the record carefully.

6.            It is undisputed that the complainant is having bank account No.913020055491083 since, 2015 in Axis Bank Limited Branch Saraswati Khera District Kurukshetra. The contention of the complainant is that the complainant issued cheque No.001857 dated 8^th July, 2016 of above said account amounting to Rs.14,300/- to Garg Tour & Travels, Pehowa, Kurukshetra for issuing him a ticket for Thailand to him, despite his knowledge that the account was having sufficient balance to honour such cheque but the complainant received a telephonic call from officials of the OPs and asked the complainant to deposit the difference or otherwise the cheque would be dishonored. He further argued that the OPs have wrongly and illegally dishonoured the cheque on false grounds that the signature mis match vide Memo No.1857 dated 4.8.2016 and the complainant was made liable to pay Rs.3500/- on such instance to Garg Tour & Travel and the complainant’s whole tour of Thiland. It is further contended that the complainant visited to the office of Op No.3 on 4.8.2016 and took his self paid cheque No.001858 amounting to Rs.14,300/-, where the branch official, namely, Sahil reported that cheque was not likely to be honored due to insufficient funds. From the perusal of photo stat copy of statement of account Ex.C9 which pertains to complainant shows that the Ops without any notice and message have debited Rs.15/- and Rs.100/- on dated 6.7.2016 on account of service tax and consolidated charges (total Rs.115/-) from the account of complainant and shown the balance of Rs.14,226.78 paisa which is insufficient amount against the cheque amounting to Rs.14,300/-) and the Ops have credited the above said amount of Rs.115/- in the account of complainant on 14.8.2016 showing the balance amount of Rs.14,341.78 paisa which proves that the Ops are deficient and negligent and due to which the complainant has suffered mental agony and physical harassment and as such, the complainant is entitled for compensation.

7.            In view of our above said discussion, the complaint of the complainant is allowed partly and the Ops are directed to pay Rs.20,000/- as compensation to the complainant on account of mental agony and physical harassment. Their liability shall be joint and several. The order be complied within a period of 60 days, failing which penal action under Section 27 of the Consumer Protection Act, 1986 shall be initiated against the Ops and in that case the complainant is entitled simple interest @ 6% per annum on the above said amount of Rs.20,000/- from the date of order till its payment. File be consigned to record after due compliance.  

 Copy of the order; be communicated to the parties, free of costs.      

 

Announced:    

Dt.24.1.2018.                                         (G.C.Garg)

                                                             President

                                                District Consumer Disputes                                                                 Redressal Forum, Kurukshetra.

 

 

 

                                                   

       (Dr. Jawahar Lal Gupta)                                 

            Member