BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

                                                                   Complaint No.5 of 2018

                                                                   Date of Instt. 01.01.2018

                                                                   Date of Decision: 16.02.2021

1.       Mrs. Veena Maini W/o Sh. Joginder Paul Maini,

2.       Sh. Brij Bhushan Marwaha S/o Sh. Kasturi Lal Marwaha,

          Both R/o 99-A, New Jawahar Nagar, Jalandhar-144001. Mobile No.9876051039.

                                                                             ..........Complainants

Versus

1.       Axis Bank Ltd. through its Chairman/MD, Regd.-cum-Corporate Office: Axis House, C-2, Wadia International Centre, Pandurang Budhkar Marg, WORLI, Mumbai-400025.

2.       Axis Bank Ltd. through its Branch Manager, Main Branch, SCO 30-31, PUDA Complex, Opposite Tehsil Complex, Ladowali Road, Jalandhar-144001.                                                         

                ….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Sh. Kuljit Singh              (President)

                              Smt. Jyotsna                    (Member)

 Present:        Sh. Arun K. Walia, Adv Counsel for the Complainants.

                              Sh. Sukrant Sharma, Adv. Counsel for OPs No.1 & 2.

Order

                             Jyotsna (Member)

1.                This complaint has been filed by the complainants, wherein alleged that the OPs are providing banking service to the general public for consideration. The complainants having a joint Account No.155010100001250 with the OP No.2. The Complainant No.2 issued a cheque bearing No.190294 dated 28.02.2017 for Rs.6,00,000/- in favour of Tata Short Term Bond Fund Collection on account of Tata Mutual Fund Managed by M/s Computer Age Management Services Pvt. Ltd., a Transfer Agent of Tata Mutual Fund, out of the above mentioned account. Upon the presentation of the above said cheque of the complainant No.2, received a call from OP No.2 and complainant No.2 confirmed about the issuance of the above said cheque and asked to clear/pay it.

2.             That on the presentation of the above said cheque for encashment by the said M/s Computer Age Management Services Pvt. Ltd., a Transfer Agent of Tata Mutual Fund through its Bankers and on 28.02.2017, the same was dishonored by returning the same by the OP No.2 for the reason ’F001-1-Account Freezed/Blocked’. There is no intimation from the OPs with regards to above mentioned account freezed/blocked either to the complainants or to any of the joint account holder of the above mentioned account. The complainants have already completed all the formalities with regard to the above said account with the OPs. Due to the above mentioned facts, the complainants suffered mental tension, harassment, defame in the society, loss of reputation, financial loss etc. and the complainants assessed the same to the tune of Rs.4,99,000/- in all in terms of money. Due to the above mentioned facts, there is a deficiency in service, unfair trade practice and negligence on the part of the OPs, which gave rise to file the present complaint with the prayer that the complaint the complainant may be accepted and OPs be directed to pay Rs.4,99,000/- in all in terms of money to the complainants and as compensation for mental tension, harassment, defame in the society, loss of reputation, financial loss etc., caused due to the above said deficiency, negligence and unfair trade practice on the part of the OPs with regards to return of the above said cheques.

3.              Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that the complaint filed by the complainant is false, frivolous and vexatious and has been filed by the complainant just to harass the answering OPs. It is further alleged that no cause of action arose to the complainant against the answering OPs to file the present complaint. It is further alleged that the complainant has not approached the Forum with clean hands and has concealed the material facts from this Forum and further alleged that the complainant is stopped from filing the present complaint by his own act and conduct. It is further alleged that the present complaint is not maintainable in the present form and the same is liable to be dismissed. On merits, it is admitted that the OPs are providing banking service to the general public for consideration and the dishonoring of the cheque is also admitted with the returning remarks Account Freezed/Blocked since the complainant has not submitted his KYC to the bank in time, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

4.             In order to prove his case, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.C-1 to Ex.C-5 and closed the evidence.

5.              In order to rebut the evidence of the complainant, the counsel for the OP tendered into evidence affidavit Ex.OP/A-1 alongwith document Ex.OP-1 & Ex.OP-2 and closed the evidence.

6.                We have heard the learned counsel for the respective parties and also gone through the case file very minutely.

7.                It is admitted fact that the complainant had issued Cheque bearing No.190294 dated 28.02.2017 for Rs.6,00,000/- in favour of Tata Short Term Bond Fund Collection Account and the same cheque was dishonoured by the OPs with the remarks Account Freezed/Blocked.

8.                OP has contested that account of the complainant was freezed since the complainant had not submitted KYC document as per govt. guidelines whereas the complainant has submitted that he had not received any intimation from the OPs with regard to the above mentioned account freezed/blocked and the complainants have already completed all the formalities with regard to the above said account with the OPs. In written reply, the OPs submitted in Para No.8 on merits that they have informed to all the client about to file KYC as per govt. guidelines and rules to avoid account freezed and blocked, but the OPs did not submit any evidentory proof of the same. Also while going through the bank statement submitted by the complainant Ex.C-5 we find that the OPs have honoured cheque No.190295 and 190296 on 20.03.2017. It is clear cut case of deficiency in service against the OPs. So, complainant is entitled for the relief.

9.                In the light of above detailed discussion, the complaint of the complainant is partly accepted and OPs are directed to pay compensation of Rs.5000/- to the complainant for causing mental tension and harassment and further OPs are directed to pay Rs.3000/- as litigation expenses. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

10.              Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                                    Jyotsna                                Kuljit Singh

16.02.2021                           Member                              President