Delhi

StateCommission

A/631/2014

SH. KAYAMUDDIN - Complainant(s)

Versus

AXIS BANK & ANR. - Opp.Party(s)

02 Nov 2017

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

 

Date of Decision: 02.11.2017

 

First Appeal No.631/2014

(Arising out of the order dated 13.05.2014 passed in Complaint Case No.211/2013 by the District Consumer Disputes Redressal Forum (East), Delhi)

 

 

Shri Kayamuddin,

S/o Shri Imamuddin,

R/o G-146, Jagatpuri,

Delhi-110051                                                              …Appellant

 

Versus

 

 

1.       Axis Bank,

Through its AR/Manager,

Plot No.4, Aditya Corporate Plaze,

Community Centre, Karkardooma,

Delhi – 110092.

 

2.       Axis Bank

Through its AR/Manager,

North Zonal Office – NZO 5^th Floor,

Ashoka Estate, Barakhamba Road,

New Delhi -110001.

 

                                                          ….Respondents

 

CORAM

Justice Veena Birbal, President

Ms. Salma Noor, Member

 

 

1.  Whether reporters of local newspaper be allowed to see the judgment?

    

2. To be referred to the reporter or not?

 

Justice Veena Birbal, President

 

 

1. This is an appeal under Section 15 of the Consumer Protection Act, 1986 (in short, “the Act”) wherein challenge is made to order dated 13.05.2014 passed by the Consumer Disputes Redressal Forum (East), Delhi (in short, “the District Forum”) in CC No.211/2013 by which the complaint filed by the complainant has been dismissed.
2. Briefly the facts relevant for the disposal of present appeal are that the appellant herein i.e. the complainant before District Forum had filed a complaint under section 12 of the Act alleging therein that he was having a saving bank account with the respondent/OP and an ATM Card bearing No.4688053702005 was issued to him. It was alleged that while going through the statement of account of the aforesaid account, the appellant/complainant was shocked to see that on 01.09.2011 a debit entry of Rs.5,000/- had been made in his account. He requested the bank official for reversal of the entry and for credit of Rs.5,000/- in his account, but his grievance was not redressed. Thereafter, he filed the aforesaid complaint before the District Forum seeking direction to the respondent/OP to credit Rs.5,000/- in his account and for awarding him Rs.10,000/- for harassment and mental agony and Rs.20,000/- as costs of litigation.
3. On being served with the notice of complaint, the respondent/OP filed a reply in the form of a letter stating therein that transaction of Rs.5,000/- done on 01.09.2011 at PNB ATM was successful. Copy of JP (Journal Printer) Log report and a report showing cash withdrawal by customer of NFS( National Financial Switch) and MTR  (Multi lateral ATM Networking Sharing Arrangement) was annexed.
4. Respondent/OP did not file detailed written statement and also did not appear before the District Forum. Later on respondent/OP was also proceeded ex-parte.   Appellant/complainant filed ex-parte evidence by way of affidavit.
5. After hearing the counsel for the appellant/complainant as well as going through the record, ld. District Forum dismissed the complaint by holding that there was no such convincing evidence placed on record by the appellant/OP to accept the allegations of the complainant.
6. Aggrieved with the aforesaid order, present appeal is filed.
7. Ld. counsel for the appellant/complainant has contended that the appellant/complainant had made various complaints against the alleged illegal deduction of Rs.5,000/- from his account and requested the respondent/OP to do the needful, however, the bank did not take any action. It is contended that the respondent/OP was ex-parte before the District Forum and no evidence was placed on record by it as such impugned order is liable to be set aside.
8. We have heard the counsel for the appellant/complainant. No one has appeared on behalf of the respondent/OP. We have perused the material on record.
9. The appellant/complainant has alleged that he was shocked to see wrong debit of Rs.5,000/- from his account on 01.09.2011, however, nothing has been shown as to when he had noticed the alleged wrongful entry. According to the appellant/complainant he had made various complaints with the respondent/OP in this regard. However, nothing has been placed on record before the District Forum or with the present appeal. We have asked the counsel for the appellant/complainant in this regard and he has responded that only oral requests were made and nothing was made in writing.
10. It is not the case of the appellant/complainant that ATM Card throughout did not remain in his possession. It is not the case of the appellant/complainant that PIN number of the card was revealed to somebody else. Respondent/OP has placed on record the copy of the JP Log report showing cash withdrawal by customer NFS and MTR as has been stated above. Nothing has been placed on record by the appellant/complainant to rebut the documents placed on record by the respondent/OP.
11. Ld. District Forum has also observed that in the evidence appellant/complainant has stated on oath that he has filed a copy of intimation to the respondent/OP as exhibit C-1 about the alleged debit of Rs.5000/-, however, the same was not annexed with the affidavit. There is no material on record to show that after alleged debit of Rs.5,000/- on 01.09.2011 appellant/complainant had ever approached the respondent/OP bank.
12. In these circumstances, we find no error in the impugned order. A well reasoned order has been passed by the District Forum.
13. Appeal stands dismissed.
14. A copy of this order as per the statutory requirement be forwarded to the parties free of charge and also to the concerned District Forum.  Record of District Forum be also sent back forthwith.

              File be consigned to Record Room.

 

 

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member