| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 359 of 15.9.2017 Decided on: 7.4.2021 Vikas Jindal aged 31 years son of Om Parkash Jindal, resident of House No.1, Preet Vihar, Nabha-147201. …………...Complainant Versus - Axis Bank Ltd., A Bank corporate under Companies Act,1956 and registered office at “Trishul” 3rd Floor, Near Law Garden, Opposite Samarthehwar Temple, Ellisbridge, Ahmadabad-280006, Head office at Corporate Center, Bombaya Dying Mills Compound, PANDURANG, Budhkar Marg, Worli, Mumbai-400025 , through its Managing Director.
- Axis Bank Limited, S.C.O.-5, No.369-370, Sector 34-A, Circle Office, Chandigarh, through concerned Manager.
- Axis Bank Limited, SCO-5, 1st Floor, Chotti Baradari, Near Narain Continental, Patiala through concerned Manager.
- Axis bank Limited, through its Branch Manager-Rajinder Singh, Patiala Gate branch, Aman Market, Nabha.
- Sunil Main dealing hand for Axis Cards, working as clerk at Axis Bank Limited, Patiala Gate Branch, Aman Market, Patiala.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Y.S.Matta, Member ARGUED BY Sh.Aditya Gupta, counsel for complainant. Sh.Vaibhav Mangla, counsel for OPs No.1to5 ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Vikas Jindal (hereinafter referred to as the complainant) against Axis Bank Ltd., and others (hereinafter referred to as the OP/s) under the Consumer Protection Act,(hereinafter referred to as the Act)
Facts of the complaint - Briefly the case of the complainant is that the OPs project that they provide excellent services to their customers. It is averred that on 7 December,2016 complainant Vikas Jindal alongwith his wife went to USA and for that he needed money to take care of his expenses during his trip. OP No.5 contacted the complainant for their multi currency card and explained its benefits. Complainant applied for the same and did all formalities before going to USA and deposited Rs.70,000/- to bank plus card charges and the OPs loaded the card with Rs.65000/- approximately on 7.12.2016 with the Axis Bank Ltd. Nabha and after that card was issued to the complainant through which the complainant can easily withdraw money at anytime and anywhere in USA .The main use of this card is that user can get US dollar currency in USA easily. The complainant took the card with him while going to USA. The complainant tried to encash the amount through the card in USA number of times at various places but it did not work even for a single time. Complainant narrated all the problems faced by him in USA then the bank officials investigated the matter and found that the card was not properly activated by the bank. The complainant asked the bank official for the refund of the amount deposited by him.The bank officials cheated the complainant by deducting money from his account and on enquiry they told that the same was due to/according to exchange rate of dollar which was decreased in three months and refunded only Rs.58154/- on 27.7.2017 after 8 months. The complainant made several requests to the OPs but they did not give any response. There is thus deficiency in service and unfair trade practice on the part of the OPs due to which the complainant suffered mental agony and harassment and has filed this complaint with the prayer to accept the same by giving direction to the OPs to make the payment of Rs.7000/- alongwith interest @18% per annum from 7.12.2016 till payment and also to pay Rs.2,00,000/- as compensation on account of mental tension, harassment and inconvenience suffered by the complainant alongwith Rs.11000/- as costs of litigation.
Reply/Written Statement - Upon notice OPs appeared and contested the complaint by filing written statement. It is admitted that the OPs provide excelled services to their customers. It is submitted that the card was issued to the complainant and was also provided with PIN/Password of the card through which he could withdraw his money but while using the card the complainant inserted wrong password number. In case of inserting one’s PIN three times wrongly, the card of the card holder automatically blocks. Accordingly due to inserting of wrong password number for three times the card of the complainant was blocked and can be opened by sending message to the bank after using registered e-mail ID.The card did not work due to the own mistake of the complainant. The OPs denied all other averments made in the complaint and have prayed for the dismissal of the complaint.
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- In support of the complaint, the complainant has tendered in evidence his affidavit Ex.CA, affidavit of Gunjan Jindal, Ex.CB alongwith documents Exs.C1 to C16 and closed the evidence.
- The ld. counsel for the OPs tendered in evidence Ex.OPA affidavit of Rajinder Singh Branch Manager Axis Bank and closed the evidence.
- Arguments/Findings
- We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that the complainant in the month of December/2016 alongwith his wife went to USA and took Axis Bank multicurrency card got loaded Rs.65,000/- on 7.12.2016.The ld. counsel further argued that the card was used in USA but it did not work and the complainant has suffered lost of hardship. The ld. counsel further argued that complainant Vikas Jindal tried to encash amount through this card but it did not work. On coming back he made a complaint and Rs.58154/- was refunded back and Rs.7000/- is due so the complaint be allowed.
- On the other hand the ld. counsel for the OPs has argued that the real fact is that the card was provided to the complainant with the PIN Code and that the complainant did not use the pin code so the card was blocked and there was no illegality so the complaint be dismissed.
- To prove this case Vikas Jindal has tendered his affidavit,Ex.CA and he has deposed as per his complaint, Ex.C1 is the Aadhar card,Ex.C2 is the multicurrency card,Ex.C3 is e-mail,Ex.C4 is also e-mail,Ex.C5 is bank statement. As per bank statement 0n 7.12.2016 Rs.65041/- was loaded in USA card but as the card did not work, the amount of Rs.58154/- was refunded on 27.7.2017. So it is clear that Rs.6887/- was less refunded,Ex.C6 is visa card,Ex.C10 is statement of fund,Ex.C11 and Ex.C12 statements of fund.
- On behalf of OPs Sh.Rajinder Singh, Branch Manager has tendered his affidavit, Ex.OPA and he has deposed as per his written statement. In para 9 of the affidavit he has deposed that the complainant is not entitled for the refund of any amount. It is denied that the amount was kept illegally by the OPs.
- By going through the pleadings, it is clear that the complainant alongwith his wife went to USA and they bought Axis Bank Multicurrency card by depositing Rs.65000/- with the bank as per the bank statement,Ex.C5.As per the complainant the card never worked in USA and after coming back to India Rs.58154/- was refunded out of Rs.65041/- and Rs.6887/- was due to be refunded. This amount was only refunded as the bank found that there was some defect in the working of the card in USA otherwise if the complainant would have been at fault then the amount would not have been refunded. The bank has failed to tell that why they have not refunded the whole amount of Rs.65000/- to the complainant and the less refund of the amount amounts to deficiency in service on the part of the OPs and are liable to refund the same to the complainant.
- So due to our above discussion, the OPs are directed to return back the balance amount of Rs.6887/- to the complainant alongwith interest @6% per annum from 27.7.2017 till actual payment. Accordingly the complaint stands partly allowed with no order as to costs. Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.
ANNOUNCED DATED:7.4.2021 Y.S.Matta Jasjit Singh Bhinder Member President | |
