Delhi

North East

CC/141/2018

Sh. Lokinder Singh Tomar - Complainant(s)

Versus

Axis Bank - Opp.Party(s)

22 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 141/18

 

In the matter of:

 

	ShriLokinder Singh Tomar S/o ShriRaghubir Singh R/o:- House No. 546, Pooja Colony MangalBajar, Loni, Ghaziabad Uttar Pradesh	Complainant
	Versus
	AXIS Bank Dilshad Colony Delhi-110095	Opposite Party

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:                           DATE OF ORDER:

17.07.2018 11.07.2022 22.08.2022

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

 

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that Complainant was Savings Account holder of Opposite Party Bank i.e. Axis Bank bearing Account No. 915010014446492 located at Dilshad Colony, Delhi-110095. Complainant stated that he went to the Opposite Party i.e. bank on 17.01.2017 and applied for issuing Demand Draft. The Opposite Party issued Demand Draft no. 008175 amounting to Rs. 57,500/- on 17.01.2017 in favour of Web Work Trade Links Pvt.Ltd. Complainant stated that he had lost the said Demand Draft on 14.02.2017 near Seemapuri Border at 11:00 a.m. Complainant lodged an FIR on 17.02.2017 vide FIR No. 148488/2017 regarding the loss of said demand draft. Complainant immediately informed the Opposite Party and requested to cancel the Demand Draft. Complainant stated that the Web Work Trade Links Pvt. Ltd. has given NOC to him on 16.02.2017 that the said Demand Draft was not encashed by it. Complainant alleged that he submitted all the documents to Opposite Party and after verifying the documents Opposite Party employee told him that request letter is complete and request would be processed. It is alleged that Opposite Party has not remitted the Demand Draft amounting to Rs. 57,500/- in his account till date.
2. Complainant has prayed for issue direction to Opposite Party to pay a sum of Rs. 57,500/- with interest @ 18% p.a. from the date of claim to the Complainant. He has also claimed for Rs. 20,000/- on account of mental harassment and Rs. 21,000/- as litigation charges.

Case of the Opposite Party

3. Opposite Party contested the case and filed written statement. It is submitted by the Opposite Party that the Complainant had miserably failed to submit the genuineness of his request on the basis of which cancellation of the demand draft wassought by Complainant i.e. the underlying contract between the purchaser/Complainant and the beneficiary/Web Work Trade Links Pvt. Ltd. issued the Opposite Party Axis Bank Ltd. through its Dilshad Colony Branch, Delhi. It is alleged that the Complainant was not in possession of the original Demand Draft, which the Complainant may have parted with in favour of the beneficiary i.e. Web Work Trade Links Pvt. Ltd. hence the Complainant had no locus standi to claim the amount of the Demand Draft. It is submitted that after the issuance of Demand Draft, there exists a contractual relationship of a “trustee-beneficiary” between the bank i.e. Opposite Party and the beneficiary of the Demand Draft i.e. Web Work Trade Links Pvt. Ltd., now it is the sole right of the beneficiary/Web Work Trade Links Pvt. Ltd. to claim the Demand Draft amount by presenting the original instrument and Opposite Party has to honour the same on its presentation. It is alleged that Complainant had not submitted the express consent in writing as well as indemnity bond of the beneficiary i.e. Web Work Trade Links Pvt. Ltd. for the refund of amount to your client i.e. Shri Lokinder Singh Tomar.
4. It is alleged that Complainant written in his complaint that the beneficiary i.e. Web Work Trade Links Pvt. Ltd. is not in operation and is under investigation by various statutory authorities as it was involved in some illegal and fraudulent activities and accounts have been seized by the Special Task Force, Greater Noida, Serious Fraud Investigation Office, Income Tax Department and Enforcement Directorate and all the DD’s so deposited by the investors like him i.e. Complainant have been seized/confiscated by the above said authorities and the matter is pending investigation and adjudication before the concerned competent court of law. In that situation, the Opposite Party Axis Bank Ltd. will not be able to refund the amount of Demand Draft to the Complainant as the matter is pending investigation and subjudice and can only refund the Demand Draft amount upon the orders of Hon’ble Court of competent jurisdiction otherwise Opposite Party Axis Bank Ltd. will be held liable for wrongly refunding the Demand Draft amount to the Complainant.

Rejoinder to the written statement of Opposite Party

5. Complainant filed rejoinder to the written statement of the Opposite Party and he has reiterated the assertions made in the complaint.

Evidence of the Complainant

6. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party

7. In order to prove its case Opposite Party has filed affidavit of Shri Manish Kumar, working as Asstt. Vice President, Axis Bank, G-12, Opp. J.K. Block of Dilshad Garden, Dilshad Colony, Delhi-110095 wherein the averments made in the written statement have been supported.

Arguments and conclusion

8. The case of the Complainant is that he got issued demand draft for a sum of Rs. 57,500/- on 17.01.2017 from the Opposite Party bank. The said demand draft was issued in favour of Web Work Trade Links Pvt. Ltd. The case of the Complainant is that the said Web Work Trade Links Pvt. Ltd. is not operational and he had lost the said demand draft and he lodged FIR regarding loss of the said demand draft. The case of the Opposite Party is that the demand draft was issued by it in favour of the Web Work Trade Links Pvt. Ltd. It is the case of Opposite Party that after issue the demand draft the same cannot be cancelled without the consent of Web Work Trade Links Pvt. Ltd. it is also its case that some police investigation is pending against the Web Work Trade Links Pvt. Ltd.  and it is possibility that the said demand draft has been seized by the police and therefore the same cannot be cancelled.
9.  The Complainant has lodged an FIR regarding the loss of the demand draft in question. The copy of the said information report filed by the Complainant. The Opposite Party has not led any evidence that this information report is false. Moreover, the demand draft was issued in the year 2017 and it cannot be encashed by anyone. It is an admitted fact that demand draft has not been presented by anyone for encashment and the amount of the demand draft is lying with the Opposite Party bank.
10.   In view of the above discussion, the complaint is allowed and it is    ordered that Opposite Party i.e. Axis bank shall pay an amount of Rs. 57,500/- to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till its recovery. An amount of Rs. 20,000/-shall be paid to the Complainant by the Opposite Party bank on account of mental harassment and litigation charges along with interest @ 6 % p.a.  from the date of this order till its recovery.
11. Order announced on 22.08.2022.

                               Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President