Delhi

East Delhi

CC/510/2017

SHOBHA JAIN - Complainant(s)

Versus

AXIS BANK - Opp.Party(s)

16 Dec 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 510/17

 

Mrs. Shobha Jain

R/o 68, Surya Niketan, Delhi – 110 092

Corresponding Address:

179, Sector 10A, Vasundhara

Ghaziabad, UP                                                          ….Complainant

Vs.    

 

Axis Bank Ltd.

23, Hargovind Enclave

Karkardooma, Delhi – 110 092                                       …Opponent

 

 

Date of Institution: 22.12.2017

Judgement Reserved on: 16.12.2019

Judgement Passed on: 18.12.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

           This complaint has been filed by Mrs. Shobha Jain against Axis bank Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.        The facts in brief are that the complainant Mrs. Shobha Jain was having saving bank account no. 913010035487007 with Axis Bank Ltd., Karkardooma Branch.  The bank imposed debit freeze on her account giving the reason that KYC norms were incomplete for which she have to submit Aadhar Card.  She submitted her Aadhar Card with the bank on 11.11.2017 which was got rejected.  The bank did not gave her any reason for rejection.  She was asked to apply again.  She applied again and was asked to get her Biometric details updated in her Aadhar Card.  She stated that the debit freeze cannot be removed which was a clear violation of RBI’s guidelines.  RBI has not asked the bank to freeze the bank account for not submitting Aadhar Card since the deadline to link Aadhar Card was extended upto 31.03.2017.  Her account was currently inactive due to biometric integrity issue which was a fault in UIDAI’s system.  Even she questioned the Bank Operations Head Ms. Rashmi on 19.12.2017 stating that the deadline in linking the Aadhar Card was 31.03.2017 and how they can put debit freeze on her bank account. 

After a whole month of this procedure, she was told that the debit freeze was not because of Aadhar Card, but any other document can be submitted to comply with KYC norms.  Then her debit freeze could be removed.  This, she has stated that it was a fault on bank’s part not to disclose to her that Aadhar Card was not the reason for the debit freeze.  She re-submitted a copy of passport on 19.12.2017 and asked the bank to remove the debit freeze since she was in immediate need of funds.  Despite submitting all valid documents including pan card, passport and voter ID, the bank has not removed the debit freeze from her account which was a breach of contract with the bank.  Thus, she has prayed for directions to Axis Bank (OP) to remove the debit freeze from her account; to pay compensation of Rs. 20,000/- for causing inconvenience and harassment and Rs. 5,000/- towards litigation charges and interest on her bank account balance from 11.11.2017 till removal of debit freeze @ 12% p.a.     

3.        In reply filed on behalf of Axis Bank (OP), they have stated that account of the complainant was deactivated due to defective submission of KYC documents.  She submitted her Aadhar Card which was inactive due to biometric integrity issue which was a fault in UIDAI’s system.  Later on, she submitted a copy of passport and Pan card on 19.12.2017. 

The account of the complainant was got deactivated/freeze automatically by the computer system of the Axis Bank on finding of defective KYC documents submitted by the complainant which was beyond human control and when she submitted KYC documents on 19.12.2017, the said documents were onward submitted to the concerned department of the bank constituted at Mumbai.  The said department uploaded these documents and the said account was defreezed/activated on 22.12.2017. 

It has been stated that the present complaint has been filed after the activation of the said account.  Thus, there was no cause of action subsisting on the date of filing the complaint.  Further, no loss has been caused to the complainant.  The automatic deactivation/freezing of account was due to defective submission of Aadhar Card/KYC documents which was beyond human control and cannot be equated with gross negligence as alleged by the complainant.  They have denied other facts also.

4.        Complainant have filed rejoinder to the WS of OP-2, wherein she has controverted the pleas taken in the WS and reasserted her pleas.

5.        In support of its case, the complainant have examined herself.  She has deposed on affidavit.  She has narrated the facts which have been  stated in the complaint.  She has also got exhibited copy of form dated 10.11.2017 (Ex.CW-1/A), copy of rejected cheque dated 18.12.2017 (Ex.CW-1/B) and copy of application dated 19.12.2017 (Ex.CW-1/C).

           In defence, OP have examined Shri Sushanta Panigrahi, Vice President & Branch Head of OP, who have also deposed on affidavit.   He has also narrated the facts which have been stated in the WS. 

6.        We have heard son of the complainant and Ld. Counsel for OP and have perused the material placed on record.  It has been argued on behalf of complainant that her account was freezed due to negligence on the part of OP. 

           On the other hand, Ld. Counsel for OP have stated that the account was freezed due to non/defective submission of KYC documents.  He has further argued that there was no cause of action to file the present complaint as her account has been deactivated and the complaint has been filed after deactivation.  If the documents and the evidence on record are perused, it is noticed that the account of the complainant was freezed due to non-submission of documents and it was not deactivated due to submission of inactive Aadhar Card.  Further, on submission of the documents on 19.12.2017, her account has been activated on 22.12.2017.  She has filed the present complaint on the very day itself i.e. on 22.12.2017.  When her account has been activated on 22.12.2017 and it was freezed due to submission of inactive Aadhar Card, there cannot be any deficiency on the part of Axis Bank (OP).  When there is no deficiency on the part of Axis Bank (OP), her complaint does not survive and the same deserves its dismissal.  Hence, the same is dismissed.  There is no order as to cost.

Copy of the order be supplied to the parties as per rules.

           File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                            (HARPREET KAUR CHARYA)

       Member                                                                        Member 

  

            (SUKHDEV SINGH)

                   President