DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.135/2018

Sh. Raj Kumar

S/o Sh. Rahtu Singh

R/o B-407, PTS Colony,

Malviya Nagar, Delhi                                                    ….Complainant

Versus

Axis Bank

Through its General Manager/

Branch Manager/Officer

Branch Code-003098

1090/1, Ground Floor

Kalka Das Marg, Mehrauli,

New Delhi                                                                  ….Opposite Party

                                       Date of Institution        :         09.05.2018   Date of Order                :         12.03.2020        

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

1. Succinctly put, the complainant had an account with Axis Bank (OP). For easy cash withdrawals he was issued an ATM card by the OP bank.
   1. It is averred that after theft/loss of the ATM card of the complainant there was a cash withdrawal of Rs.10,000/-, Rs.10,000/-, Rs.1,000/-, Rs.3,000/-, Rs.4,000/- and Rs.4,000/- aggregating to Rs.32,000/- on 24.06.17 from the Automated Teller Machine (ATM).  The complainant after having knowledge that he had lost the ATM card lodged a complaint in the Police Station, Sarita Vihar, New Delhi and also with OP bank to block his ATM card. OP bank temporally credited the said amount of Rs.32,000/- on 18.09.17 but the complainant  was asked not to withdraw the said amount from his account. 
   2. Thereafter, the complainant got a new ATM card issued by the OP bank. It is next averred that again an amount of Rs.3,75,751/- was debited from the account of the complainant through the ATM card between 14.10.17 and 18.10.17. It again came to the knowledge of the complainant that he had lost his ATM card              and an FIR was lodged by the complainant regarding the theft/loss of the ATM card on 23.10.17. Temporary credit of Rs.3,75,751/- was made to the complainant’s account by the OP bank and he was asked not to withdraw the said amount.
   3. Complainant blocked the new ATM card on 21.10.17                                                                but to the utter shock and surprise of the complainant again the account of the complainant was debited to the tune of Rs.32,000/- on 05.12.17. Aggrieved by the complainant fraudulent withdrawals from his account the complainant approached this Forum with prayer to direct OP bank to  credit Rs.4,07,751/- alongwith interest  to the account of the complainant. Additionally it is prayed that OP be directed to pay compensation to the tune of Rs.1,50,000/- for causing mental tension and agony and Rs.50,000/- towards cost of litigation.                                                                                                                                                                                                  
2. On receiving the notice issued by the Forum OP appeared but chose not contest the case hence was proceeded exparte                    vide order dated   30.04.19.
3.  Exparte evidence is filed on behalf of the complainant. Submissions made on behalf of the complainant are heard. Material placed on record is perused carefully.
4. As averred by the complainant himself and from the perusal of DD No. 30B dated 27.06.17 appended at page 17 it is noticed that the complainant had given his ATM card and compromised the PIN number to one Mr. Sachin who was asked to withdraw Rs.7500/- by the complainant. It is also mentioned in the DD entry that the complainant was not sure whether he had taken the ATM card from Mr. Sachin or it had got dropped in the office. It was due to this loss or theft of the ATM card that cash of Rs.32,000/- was withdrawn from the account of the complainant. The complainant did not learn any lesson from the said incident and again after getting a new ATM card he again lost or misplaced the card and an amount of Rs.3,75,751/- was again withdrawn which was  temporarily   recredited to his account. Going through the complainant it is observed that the complainant has a very casual approach and is himself negligent in not keeping his card in safe custody. As per his own admission he misplaced / lost the ATM card twice. He also admits sharing the Pin number of his ATM card on one occasion. In these facts and circumstances this Forum cannot hold for certainty that the debits were a result of deficient service by OP bank or the same were consequenced by the negligent handling of ATM card & its pin by the complainant. Thus we are of the opinion that the complainant cannot be rewarded for his own wrongs. Therefore the complaint is dismissed with no order as to costs.     

          Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 12.03.2020