Delhi

East Delhi

CC/166/2017

VIMAL MOHAN CHADRA - Complainant(s)

Versus

AXIS BANK - Opp.Party(s)

22 Nov 2018

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.        166/2017

                                                                                                  Date of Institution                02/05/2017

                                                                                                  Order Reserved on               22/11/2018

                                                                                                  Date of Order                        26/11/2018                                                                                                      

In matter of-

Mr Vimal Mohan Chadha, adult  

S/o- Sh Rajenda Kumar Chadha

R/o- 2A, Gali no. 1, III rd Floor, Indra Park, Nr Chander Nagar,

Krishna Nagar, Delhi 110051………………………….…..…….………………….…….Complainant

                                                                         Vs

1-The Branch Manager

Axis Bank Branch, Krishna Nagar, Delhi-51

 

2-M/s Canara Bank Branch,  

Chachchi Building, Lal Quarter, Krishna Nagar, Delhi 51……………………….Opponent

 

Complainant                                              In Person  

Opponent 1                                               AR

Opponent 2 Advo.                                    Mr Rajesh Patny  

 

Quorum                                                      Sh Sukhdev Singh        President

                                                                     Dr P N Tiwari                Member                                                                                                    

                                                                     Mrs Harpreet Kaur      Member

Order by Dr P N Tiwari  Member 

Brief Facts of the case                                                                                       

Complainant had saving bank account in OP1/ Axis Bank vide no. 915010037777858 at West Patel Nagar branch and had debit card of OP1 having same account no. on it (Ex CW1/1). On 10/03/2017 complainant wanted to withdraw Rs 10,000/- by using OP1 credit card from OP2 Bank’s ATM, but could not get amount. He received message of debit of Rs 10,000/-from his account Ex CW1/1A). So made complaint on customer care of OP1 on 12/03/2017 so was assured for reversal of amount in 72 hours if there would be any technical fault in ATM. When no amount was revered again made complaint on customer care no. of both OP on 21/03/2017 vide complaint no. 1703027160 and also made written complaint to PS Jagat Puri on 22/03/2017 (Ex CW1/2). Despite of visiting OP1 office number of times when no reversal of debited amount occurred so he could not deposit fee of his ward in school in time.

He received notice from the school on 24/04/2017 for depositing fee with fine otherwise name of his ward would be cut off from the school register. Due to this, complainant suffered mental harassment. By seeing callous attitude and negligent behavior of OPs, suffered mental agony and financial loss. So filed this complaint and claimed compensation of Rs 2 Lacs for harassment and financial loss.  

OP1 submitted written note and denied allegations of deficiency in their services. It was stated that debit card was issued from OP1 branch at West Patel Nagar, New Delhi vide card no. 4505020006569446 which was valid up to 08/2020 (Ex OPW1/1). As per bank statement dated 10/03/2017, a sum of Rs 10,000/- were withdrawn from OP 2 ATM and thereafter on 14/03/2017, cash was withdrawn at Shipra Mall, Ghaziabad for Rs 4000/-. Subsequently complainant also withdrew Rs 700/- as per bank account details.

It was accepted that complainant asked for CCTV footages through customer care numbers of OP1 and OP2 on 12/03/2017 and on 21/03/2017 and thereafter on 22/03/2017 filed a police complaint whose copy was given at OP1 branch at Krishna Nagar, Delhi where he had no primary account, still case was forwarded to OP2 head quarter on 20/04/2017 (Ex OPW1/2). No CCTV footage was available with OP1 from OP2 till 20/04/2017.

Complainant did not file rejoinder evidences on affidavit nor did OP file written statement and evidences on affidavit. Despite of notices were served to OPs, none appeared, so OPs were proceeded Ex Parte. Complainant filed his Ex Parte evidence on affidavit and reaffirmed on oath that facts of his complaints were true and correct. He relied on ATM massage Ex CW1/2, police complaint where he demanded CCTV footage Ex CW1/3. He also relied upon Ex CW1/4 of notice of school where he could not pay fee of his ward.

 

Arguments were heard from complainant as OP did not put their appearance. Materials and evidences were perused on record and order was reserved.

We perused facts and evidences on record and being Ex Parte evidence which were neither controverter nor OP argued their part, so evidences were presumed as correct and true. After perusing passbook evidence, it was evident that complainant was getting monthly salary by 7^th day of every month and could not pay school fee 24/04/2017 have no evidence.

As far as CCTV footage were concerned, OP1 through a demand letter from complainant stated that OP1 had forwarded to OP2 head quarter supply of CCTV footage from whose ATM money could not be withdrawn. None supplying of CCTV footages to OP1 amounts to deficiency in the services of OP2 as complaint was lodged well in time (in two days) is certainly deficiency in the services of OP1. There was no evidence of follow up by OP1 after 20/04/2017 to procure footages from OP2 head office also. This also amounts deficiency in OP1 services.

None submission of written statement and evidences by way of affidavit also amounts to negligence on the parts of OPs. It was also noted that complainant had not made necessary party to his home branch of OP1 at West Patel Nagar, New Delhi where he was maintaining his saving account. He had only submitted police complaint copy to the branch of OP1 at Krishna Nagar, Delhi. Also no evidences of salary in his bank from April 2017 submitted or mentioned which could show that none receiving of his salary name of his ward was deleted or not from school in want of fee. Hence, here complainant was also negligent towards his act to put clear facts in his complaint.

The only merit in this case was no showing of CCTV footage to the complainant and OP2 has not submitted their internal data of transaction of their ATM in question. Thus we come to the conclusion that both the OPs were deficient in their services. So are liable to revert the deducted amount Rs 10,000/- jointly (50%) each in the account of complainant in OP1 bank within 30 days from the date of receiving of this order. There shall be no order to cost or compensation to be awarded to complainant.

 

The first free copy of this order be sent to the parties under the Sec. 18 (6) of the Consumer Protection Regulation, 2005 (in short the CPR) and file be consigned to the Record Room under the Section 20 (1) of the CPR.

 

 

(Dr) P N Tiwari  Member                                                                            Mrs Harpreet Kaur   Member                                                                                                  

 

                                                        Sukhdev Singh President