West Bengal

Paschim Midnapore

CC/11/2015

Sk. Habu - Complainant(s)

Versus

Axis Bank - Opp.Party(s)

29 Apr 2016

ORDER

 

 

 

                                                         DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Mr. Kapot Chattopadhyay, Member

And

Mrs. Debi Sengupta, Member

 

Complaint Case No.11 /2015

                                                       

                                      SK. Habu…….……………………Complainant.

Versus

 

1)Axis Bank Head office at 131 Marker Tower-F, Guffe Parade, COLABA , Mumbai-400005, State of  Maharastra.

2)Axis Bank, Midnapore Branch, 37/3 Station Road, Midnapore.

3)Sri Biswajit Adhikari, Deputy Manager, Axis Bank Kharagpur Branch, Kharagpur, Dist- Paschim Medinipur.

4)Met Life India Insurance Co.Ltd. Bangalore.

 

              For the Complainant:     Swapan Kumar Dasmal      ,  Advocate.

              For the O.P.               :    Sankar Mohan Pal & Debashis Maity  ,  Advocate.

 

 

Decided on : 29 /04/2016

                               

ORDER

   Kapot Chattopadhyay, Member– The complainant is a law abiding and peace loving man having his resident at the stated address and being a Citizen of India is entitled to the rights enshrined in he Constitution of india and the Laws framed there under.

Complainant  is having a small shop for business of Iron and Fertilizer A ides. By virtue of such small business he anyhow maintains himself and his family members and other dependants. From the savings of his incomes he opened one Bank

 

Contd….P/2

 

 

• ( 2 ) -

 

Account with the Axis Bank at its Midnapore Branch, bearing S.B. AlC No. 325010100089015 (A small Savings Bank AlC). Be it noted that he is a shallow educated person and belongs to Other Backward Classes as certified by the concerned Sub-Divisional Officer, as Tutia Muslim community.

Gradually the complainant saved about Rs.5 to 6 lakhs in that Account. Sometimes on 09.09.2008, the then Deputy Branch Manager-Priority Bank, Axis Bank, Midnapore Branch, Mr. Biswajit Adhikari, the opposite party no.3 herein, by his polite and polished behavior influenced the complainant, that if he invest his money for METLIFE Policy he would get a handsome amount thereby the Officer made it understood to the complainant that by depositing Rs.1 lakh per year for consecutive three years he would get Rs. 6 lakhs after the end of 6^th year. Being convinced the complainant made a policy and deposited cheques of Rs. 1 lakh each for consecutive three years since September, 2008. It astonishes that the Officer never issued any money receipt to the complainant against such payment but issued the documents against the Scheme No. 00648280, i.e. the premium receipt for September, 09.2008, which shows that the Premium was paid up to September, 09.20 10, mode of payment – Annual , effective date of the policy September, 09.2008. But for 3^rd Cheque issued by complainant, the said officer did not initially issue any document but on repeated attempt and several efforts on 19.03.2012, the Officer handed him a document of a different Policy No.207685 5 showing premium paying terms of 15 yrs. Premium Amou Rs. 1,08,344/- and that was paid on 07.03.2012 whereas the Complaiannt never gave any such consent. When the officer handed such cha ged policy 0 he complainan , he was astonished. He asked the officer as to how he adjusted the complainant's money for a policy showing to have started from September, 2008 and that too for 15 yrs terms on 07.03.2012. In reply the Officer assured him that

 

Contd….P/3

 

 

• ( 3 ) -

 

his total sum with assured amount would be paid in due course and for the new policy he answered that it will be continued for 15 years and ultimately he would gain a havoc amount.

Complainant, as a shallow educated person, could not initially disbelieve the Bank Officer's assurance and so kept waiting for getting return of money for his earlier policy. When even waiting for a prolong period he did not get any farthing, he made a epresentation to the Branch Manager for assuring his payments for his policy amounts for the earlier METLIFE policy actually he did. But alas nothing the Bank did not make any response rather in the name of returning the money in due time they actually rabbed his total money thereby deceived him.

Complainant thereafter issued an Advocate Notice on 20.08.2013 to the Branch Manager of the Bank but even then it did not fetch any fruit. Thereafter the complainant made a representation to the Chairman of the Bank through his Learned Advocate but for address changed, the said notice came back un-served. Again the Learned Advocate sent the same notice to the Chairman at its corrected address which he duly received but he also did not take any step, asking the Bank to return the Complainant’s money according to the promise made in the stated policy besides he did not make any response to the Advocate’s Notice making the Complianant fed up and put in dark about the money he invested in the policy .

In such situation the Complainant felt that the Bank is taking away the earth below his feet to take away his future and throw his live and Livehood into dark.

Finding no other alternative for immediate remedy the complainant/ petitioner made a complaint, for treating it as F.I.R. to the Office-In-Charge, KOtwali Police Station. The Officer duly received it but did not start a case rather made an informal enquiry in that and thereafter suggested the Complainant to compromise the matter with the Bank Office, which are not reasonable expected from the office.However as advised, the Complainant went to the said Bank office time and again but the officer avoided meeting him or discussing anything with him.

     Contd….P/4

 

• ( 4 )  -

Complaint states that the respondents also have acted in the most reprehensible anner showing scant regard towards the contract agreed by themselves and this conduct on their part is palpably, manifestly and gravely illegal thereby they have made themselves liable to be dealt seriously in accordance with law for being punished severely for illfully, deliberately and intentionally flouting, defying and disobeying the contract to harass the complainant.

 

It will be apparent from the materials placed on record (enclosed by a list of documents that there is no iota of doubt left behind to show these respondents' scant regard and utter disregard to the sacrosanct of Law and they are prima facie guilty of not only breach of contract but also breach of trust besides their acts of cheating the complainant being also negligence of service. Thus their conducts are manifest of their malafide intentions throughout their dealing with the complainant.

Op. contested the case by filling W/O challenging that case is not maintainable for want of cause of action and jurisdiction.

The Complainant is band by principle of wailer, elapses and accouecase.

The instant Complaint is false, malicious, incorrect and has been filed with a male fide intent. The said Complaint is nothing but an abuse of the process of the law and is an attempt to waste the precious time of this Hon'ble Forum, as the same has been filed by the Complainant just to avail undue advantage. Accordingly, the present Complaint is liable to be dismissed under Section 26 the Act.

 

That from a perusal of the instant complaint, it would be observed that averments made therein are vague and baseless. The Complainant has made misconceived allegations of deficiency of services and misselling without any documentary evidence in support of the same. Therefore, the instant complaint warrants instant dismissal.

 

Contd….P/5

 

• ( 5 )  -

 

The complaint filed by the Complainant does not fall within the definition of a Consumer Dispute as enunciated under the Consumer Protection Act, 1986 as there is neither any unfair trade practice adopted by the Answering Opposite Party nor is there any deficiency in services on the part of this Opposite Party, hence the averments and/or allegations made against the Answering Opposite Party are false, frivolous, and misconceived and, the complaint is liable for rejection in totality.

 

Issues:

1. Whether the case is maintainable in its present form ?
2. Whether the Op. is in deficiency in service within the meaning of under section 21(G) read within in section 21/o of C.P.Act 1986.
3. Whether the Op. is liable for deficiency in service ?
4. Whether the complainant is entitled to getting relief as prayed for.?

 

Decision with reasons

                    All the issues are taken up for together for discussion as those are inter linked each other for the purpose of arising at a correct decision in this disputes.

Finding no other alternative for immediate remedy the complainant/petitioner made a complaint, for treating it as F.I.R, to the Officer-In-Charge, Kotwali Police Station. The Officer duly received it but did not start a case rather made an informal enquiry in that and thereafter suggested the complainant to compromise the matter with the Bank Officer, which are not reasonably expected from the officer.

However as advised, the complainant went to the said Bank officer time and again but the officer avoided meeting him or discussing anything with him.

Being aggrieved by' and dissatisfied with the stated acts and actions of the Police Officer, the complainant duly reported the Superintend of Police, Paschim Medinipur but alas that also went in vain and became fruitless without steps.

 

Contd….P/6

 

 

• ( 6 )  -

 

            From the above, it is crystal clear that Bank and its officers (Particularlythe espondent No.3 committed offences under sections 406, 409, 420, 468, 471 besides others of Indian Penal Code for which they were liable to be punished on initiation of a criminal case. But to save the accused person from being punished for committing stated offence, the Police officers did not do their obligatory duties.

Being aggrieved the complainant moved an application under section 156(3) of the Criminal Procedure Gode whereby the Learned Chief Judicial Magistrate, Paschim Medinipur, kindly directed the police officer to treat the complaint application as an F.I.R and start investigation but alas in violation of the law, the Officers kept silent.

      The complaint states that the respondents also have acted in the most reprehensible manner showing scant regard towards the contract agreed by themselves and this conduct on their part is palpably, manifestly and gravely illegal thereby they have made themselves liable to be dealt seriously in accordance with law for being punished severely for willfully, deliberately and intentionally flouting, defying and disobeying the contract to harass the complainant.

That it will be apparent from the materials placed on record (enclosed by a list of ocuments that there is no iota of doubt left behind to show these respondents' scant regard and utter disregard to the sacrosanct of Law and they are prima facie guilty of not only breach of contract but also breach of trust besides their acts of cheating the complainant being also negligence of service. Thus their conducts are manifest of their malafide intentions throughout their dealing with the complainant.

 

                                          Hence, it is,

                                                                                   Ordered,

                                       that the case is allowed on contest with cost. The Op. is directed to pay Rs. 6,00,000/- (6 Lakh) as calculate amount and Rs. 15,000/- for causing harassment, trauma and service precequiary loss and injury to him thereby direct them to pay the serve jointly on severally to the Complainant and also directed to respondents including insure company to pay the total contract amount to the Complainant for the form met life policy for the scheme no. 00648280 as a ground under contract within 60 days from the date of order in default Complainant will be at liberty to proceed the matter before the Forum in accordance of the provision of law in this behalf.

               Dictated & Corrected by me

                              Sd/-                                                                           Sd/-                      

                          Member                                                                     Member  

                     District Forum

                 Paschim Medinipur