Delhi

West Delhi

CC/18/92

SUMIT KUMAR - Complainant(s)

Versus

AXIS BANK - Opp.Party(s)

12 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

CASE NO.  92/2018

SH. SUMIT KUMAR

H.NO. C-343, AMAN VIHAR,

KIRARI, NEW DELHI-110086.

MOB. 931273878                                                                            …..Complainant

VERSUS

AXIS BANK

B-2/14, JAWALA HERI MARKET,

PASCHIM VIHAR,

NEW DELHI-110063…..Opposite Party-1

 

 

O R D E R

 

PUNEET LAMBA, MEMBER

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986. The brief facts as stated by the complaint for the present disposal of the complaint are that he is having a saving account with OP. It is stated that the complaint is availing cash back scheme from Indian oil vide which 0.75% is credited in his account and also the booking made through IRCTC the service charges levied are also refunded by IRCTC when the booking are cancelled. It is alleged by the complainant that the OP failed to credit the service charges and also did not credited the amount vide cash back scheme. The complaint approached OP and lodged complaint. Hence, the present complaint to refund the service charges and the amount given by the Indian oil for cash back scheme and compensation Rs. 1,00,000/- towards mental, agony and physical harassment and litigation expenses.

          After notice, OP filed reply taking preliminary objection that there is no cause of action as against the OP and prayed for the dismissal of the complaint. On merits, it is admitted by the OP that the complainant is having a saving account and debit cum ATM Card has issued by them. It is averred that the applicable are debited on account of the account holders and refunds made by the vendors on account of cancellation and buyback schemes etc. are credited back on the receipt from the vendors. It is averred that no transaction fee/charges are credited to the account of account holder on cancellation and no assurance is ever given by OP for refund of the charges etc. Hence, there is no cause of action against the OP and prayed for the dismissal of the complaint.

When the parties asked for filed evidence, the complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint.  On the other hand Sh. Virender Garg, Deputy Vice President & Branch Head has filed affidavit in evidence testifying all the facts as alleged in the written statements.

 

          During the proceedings, the complainant appraise the forum the OP had refunded all the amount except service charges with regarding two transactions dated 24.08.2017 and 04.09.2017 for a sum of Rs. 1676.80/- and Rs. 1281.80/- respectively, which comes out to be Rs. 23.60/- and also prayed for compensation on account of harassment. 

          We have heard complainant in person and Ld. Counsel for OP and we have gone through the material on record carefully and thoroughly.

          The case of the complainant is that the service charges which are refunded by IRCTC are not credited by the OP Bank. From the perusal of the statement of account of the complainant it reveals that the transaction of dated 24.08.2017 and 04.09.2017 were refunded by IRCTC but the service charges are not credited by bank in his account whereas from the statement it reveals that the transactions which were earlier made by complainant the service charges were refunded by bank to the complainant on dated 30.11.2017. The e-mail dated 09.02.2018 clearly shows that the amount for above mentioned transactions were refunded by the IRCTC which also included service charges though the complainant approached OP bank for refund of the same which was not done by OP bank. Thus committed that there is deficiency and negligence on the part of OP.

          Keeping in view above discussions and observations, we direct to refund a sum of Rs. 23.60/- and further award a sum of Rs. 2,500/- towards mental, agony and physical harassment and litigation expenses within 45 days from the receipt of the order. In case of default of payment in time OPs shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization.

File be consigned to Record Room.

          Copy of Order be given as per rules.

          Announced this _______12TH____April, 2019.

 

(PUNEET LAMBA)                                                                             (K.S. MOHI)

     MEMBER                                                                                          PRESIDENT