Delhi

New Delhi

CC/804/2015

Prakash Kejriwal - Complainant(s)

Versus

Axis Bank - Opp.Party(s)

23 Mar 2017

ORDER

                                      CONSUMER DISPUTES REDRESSAL FORUM-VI

                                          (DISTT. NEW DELHI),

                                 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                         NEW DELHI-110001

 

 

Case No.CC/804/2015                              Dated:

In the matter of:

PRAKASH KEJRIWAL,

S/o Sh. N. M. Kejriwal,

W-42, Greater Kailsah-II,

New Delhi.

 

 

      ........COMPLAINANT

 

VERSUS

 

AXIS BANK

Through its Chairman/Managing Director,

Having its Northern Zonal Office at:

5^th Floor, Ashoka Estate,

24, Barakhambha Road,

New Delhi-110001.

 

ALSO AT

 

AXIS BANK

Statesman House,

148, Barakhambha Road,

New Delhi=110001

      ...... OPPOSITE PARTY

 

 

 

 

 

 

MEMBER : NIPUR CHANDNA

ORDER

 

          Complainant is the credit card holder of OP bank vide credit card No. 5593400000034441 and using the same from several year. It is alleged by the complainant that he received some strange payment alert on his mobile and e-mail from OP bank about the detection of suspicious payment as 30/9/14.  Five different transactions were made the details of which is as under:-

The first one was of Rs. 1,58,564.6/- (2033.05 Euro), other three were of Rs. 52,878.01/- (677.98 Euro) and the fifth one was of Rs. 457.98/- (7.49 US Dollar).  The first four transactions were made to some “ACT SERVICE” (Merchant Name) and the fifth was made to “Badoo Badoo Meeting NE” (Merchant name). 

          It is alleged by the complainant that OP ;bank also intimated to him that it had blocked the alleged card permanently and further requested him to lodge a dispute form, so that the bank would block the amount in their own settlement with the merchant trade/bank.  Complainant immediately on the next day i.e. 1/10/14 filled the “card holder Dispute form” with details of disputed transaction with OP.

          It is further alleged by the complainant that after few months i.e. 21/1/15 he received a letter from OP bank stating  him that he himself has divulged the personal password to someone knowingly or unknowingly which results in alleged unauthorised transaction, and the bank will not pursue the matter further.

          It is alleged by the complainant that despite reporting of the unauthorized transaction on 30/9/14 and in writing on  1/10/14, bank official did not pay any heed and carelessly and in a negligent manner to avoid its liability made the payment of the disputed amount by fluttering the rules of RBI on 3/10/14.  

          It is alleged by the complainant that another attempt was made on 10/2/15 to make a similar transaction for the complainant blocked credit card for Rs. 50,000/- but the same was declined.  After this incident OP bank again sent letter dated 11/2/15 to the complainant stating  him that he himself might have divulged the personal password to someone knowingly or unknowingly which result in previous unauthorized transaction and the bank would not pursue the matter further.

          It is alleged by the complainant that the bank kept on sending the monthly bill statement to him, of the outstanding money including unauthorized transaction alongwith interest, by flouting the rule of RBI regarding unauthorized transaction. It is alleged by the complainant that the alleged unauthorized transaction was undergone only because of deficiency in service on the part of OP bank, despite several e-mails and letters , op bank failed to redress his grievance. Hence, this complaint.

        Notice of the complaint was sent to the OP through  post for 10/3/16.  Since none appeared on behalf of OP, it was ordered to be proceeded with ex-parte.

        Complainant filed his ex-parte evidence by way of affidavit wherein he has corroborated the contents of his complaint.

        Complainant has placed on record the copy of e-mail dated 30/9/14, copy of card holder dispute form, copy of letter dated 21/1/15, Copies showing the details of unauthorized transaction, copies of e-mail dated 9/7/15, 17/7/15, 28/7/15 and 17/8/15 in support of his case.  

From the un-rebutted testimony of the complainant and the documents placed on record, we are convinced that the story put forth by the complainant is true.  Bare perusal of the e-mail dated 30/9/14 send by the OP to the complainant make it  abundantly clear  that the transaction mentioned in the mail was not done by the complainant,  It is only because of the  suggestion of OP  Bank the complainant had filed the Consumer Dispute Form.  OP had assured to the complainant that his card was blocked. Complainant in its evidence by way of affidavit had stated that he had not participated in the alleged transaction, we don’t find  any reason for disbelieving the contents of the complaint as well as affidavit filed by the complainant .

  In view of the above we are of the consider opinion that due to deficiency on the part of OP the alleged unauthorized transaction had undergone. We therefore hold OP guilty of deficiency in service and direct it as under:-

1. Not to charge from the complainant for unauthorized  transaction dt. 30.09.2014. undergone  through his credit card as  well as interest thereon.
2. To  get updated  the CIBIL. record of the complaint.
3. Pay to the complainant sum of Rs. 10,000/- for pain and mental agony suffered   by him which will also include cost of litigation.

 

The order shall be complied by the OP within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount of Rs. 10,000/-. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

Pronounced in open Forum on..............

 

                         ( S K SARVARIA)

                                                                              PRESIDENT

 

 

 

                                    (H M VYAS)                                                                    (NIPUR CHANDANA)

                                 MEMBER                                                                                          MEMBER