Haryana

Kaithal

39/21

Sandeep - Complainant(s)

Versus

Axis Bank - Opp.Party(s)

Sh.Surender Jangra

16 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                 Complaint Case No.39 of 2021.

                                                 Date of institution: 24.02.2021.

                                                 Date of decision:15.05.2023.

Sandeep age 32 years S/o Jai Bhagwan, resident of Village Chandana, Tehsil & Distt. Kaithal.

                                                                        …Complainant.

                        Versus

1. The Branch Manager, Axis Bank, Ambala Road, Kaithal, Tehsil & Distt. Kaithal.
2. The Relation Manager, Axis Bank, Ambala Road, Kaithal, Tehsil & Distt. Kaithal.

 

….Respondents.

        Complaint under Section 12 of the Consumer Protection Act

 

CORAM:     SMT. NEELAM KASHYAP, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. SUNIL MOHAN TRIKHA, MEMBER.

 

Present:     Sh. Devender Sharma, Adv. for the complainant.   

                Respondents exparte.

               

ORDER

NEELAM KASHYAP, PRESIDENT

        Sandeep-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the respondents.  

                    In nutshell, the facts of present case are that the complainant is consumer of respondents vide account No.914010005710172 and customer ID 851524058.  It is alleged that without prior information, the bank of respondents issued a credit card bearing No.5305-6205-0310-4701 without knowledge of complainant and the said credit card till today not active and not in use by the complainant.  It is further alleged that the bank-respondents have shown the outstanding amount of Rs.8223/- against the complainant.  It is further alleged that the complainant has no use of credit card.  It is further alleged that the complainant sent a registered legal notice dt. 21.12.2020 to the respondents but the respondents did not redress the grievances of complainant.  So, it is a clear cut case of deficiency in service on the part of respondents and prayed for acceptance of complaint.   

2.             Upon notice, the respondents did not appear and opted to proceed against exparte vide order dt.02.04.2021 of this commission.

3.             The complainant tendered in evidence affidavit alongwith documents Annexure-C1 to Annexure-C4 and thereafter, closed the evidence.     

4.             We have heard ld. counsel for the complainant and perused the case file carefully and minutely.

5.             Ld. counsel for the complainant has argued that the complainant is consumer of respondents vide account No.914010005710172 and customer ID 851524058.  It is further argued that without prior information, the bank of respondents issued a credit card bearing No.5305-6205-0310-4701 without knowledge of complainant and the said credit card till today not active and not in use by the complainant.  It is further argued that the bank-respondents have shown the outstanding amount of Rs.8223/- against the complainant.  It is further argued that the complainant has no use of credit card.  It is further argued that the complainant sent a registered legal notice dt. 21.12.2020 to the respondents but the respondents did not redress the grievances of complainant.  So, it is a clear cut case of deficiency in service on the part of respondents.

6.             The grievance of the complainant is that the bank of OPs issued a credit card to the complainant without prior information and knowledge of complainant and shown the amount of Rs.8223/- outstanding against him.  The complainant has supported his versions by way of filing affidavit and documents Annexure-C1 to Annexure-C4.  The complainant has testified all the contents in the affidavit so set out by him in the complaint.  Whereas, respondents are also proceeded against exparte as they did not appear in the court even one time.  So, the evidence produced by the complainant goes unrebutted and unchallenged against the Ops.   

7.             Thus, as a sequel of above discussion, the present complaint is accepted with cost.  The respondents jointly and severally are directed to cancel the credit card bearing No.5305-6205-0310-4701 issued to the complainant and to withdraw the amount of Rs.8223/- within 45 days from today.  The respondents are further directed to pay Rs.5,000/- as lump sum compensation on account of physical harassment and mental agony including the litigation charges to the complainant. 

8.             In default of compliance of this order, proceedings against respondents-OPs shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.

Announced in open court:

Dt.:15.05.2023.  

                                                        (Neelam Kashyap)

                                                                President.

 

(Sunil Mohan Trikha),           (Suman Rana),          

Member.                            Member.

 

Typed by: Sanjay Kumar, S.G.