West Bengal

Birbhum

CC/67/2022

Binod Kr Das, TIGPS - Complainant(s)

Versus

BM,Axis Bank ,Bolpur Branch - Opp.Party(s)

Subrata Mukhapaddhay

15 Mar 2023

ORDER

Smt. Saswati Saha- Member.

            The complainant has filed this petition of complaint Under Section 35 of the Consumer Protection Ac t, 2019.

            The fact of this case in brief is that, the complainant is a resident of Prantik Township, Santiniketan, P.O. Santiniketan, P.S. Santiniketan, and Dist. Birbhum within the jurisdiction of this District Commission.

            That the OP is a Banking organization having its Branch at Bolpur, Birbhum and providing services to its customer of Bolpur Branch.

            That the complainant has a Bank Account in Axis Bank, Bolpur Branch vide his account No. 918010021866802 by which the complainant became a customer of the Axis Bank.

            That, suddenly the complainant noticed that the functionaries of the OP that is Bank deducted    Rs. 885/- for the year 2019 in the head of AXISDIRECT, without any consent of the complainant.

            That knowing the same complainant visited the office of the OP and raised his written objection dated 18/04/2019 regarding such types of illegal activities in his bank account without the knowledge and consent of the complainant.

            That thereafter the OP requested the complainant to submit a filled up form to the Bank for closing the said AXISDIRECT and according the complainant do the same but that  too no effect.

           

 

 

 

That the OP thereafter again and again deducted amount on the head of AXISDIRECT in the year, 2019, 2020, 2021 and 2022 totaling amount of Rs. 3,430.13/- (Rupees three thousand four hundred thirty and thirteen paisa only).

            That the complainant went to said Bank for several times, but the Bank Authority did not pay any heed to the request of his Complainant.

            That thereafter the complainant requested to the Bank Authority for several times, but they ignored all the requests of the complainant which is tantamount to unfair trade practice.

            That finding no other alternative the complainant became restrained to file this complaint before this District Consumer Disputes Redressal Commission for proper relief as follows:

1. To return the total amount i.e. Rs. 3,430.13/- (Rupees three thousand four hundred thirty and thirteen paisa only) along with interest till the date of realization of the same.
2. Rs. 20,000/- (Twenty thousand only) harassment cost for stress and mental agony.
3. Rs. 50,000/- (Fifty thousand only) as compensation amount.
4. Any of the relief/reliefs as the court think fit and proper.

That the cause of action arose on April, 2019 and it continued till May, 2022 and subsequently harassing the complainant in each and every situation.

            That the aforesaid act of the OP is amounting to malpractice in service.

In view of the above stated facts and circumstances following issues are framed.

Issues

1. Is the case maintainable in the eye of law?
2. Has the complainant any cause of action to file this case?
3. Is the complainant a consumer within the ambit of C.P Act 2019?
4. Is there any deficiency to get the relief as prayed for?
5. To what other relief or reliefs is the complainant entitled to get?

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

It is the claim of the complainant that he has a Bank Account in Axis Bank, Bolpur Branch vide his Account No. 918010021866802, by which the complainant became a customer of the Axis Bank. The complainant give evidence in support of his case as P.W.1.

The case run exparte against the OP, vide order No. 04 dated 27/09/2022.

 

 

 

 

 

From the unchallenged evidence of P.W.1 it is proved that the OP deducted Rs.885.00/- for the year 2019, 2020, 2021 in each and Rs. 775.13/- in the year of 2022 totaling the amount Rs. 3,430.13/- (Rupees three thousand four hundred thirty and thirteen paisa only). From the bank account of the OP the amounts were deducted repeatedly without any knowledge and consent of the complainant on the head of AXISDIRECT.

            The complainant visited the office of the OP and raised his objection regarding such type of activities and also in written though an application, dated, 18/04/2019. He filed up a form which was given by the Bank on 17/04/2021 also but the OP did not pay any heed to the complainant which caused mental harassment and agony to the complainant.

            I do not finding any reason to disbelieve the unchallenged testimony of the complainant.

            Hence, in my view the complainant could be able to prove his case beyond reasonable doubt in exparte and is entitled to get relief as prayed for.

            The case is properly stamped.

Hence, it is

                    O R D E R E D,

   that the instant C.C. Case No. 67/2022 be and same is allowed exparte

against the OP with costs.

            The OP is directed to pay a sum of Rs. 3,430.13/- (Rupees three thousand four hundred thirty and thirteen paisa only) along with interest @ 9% p.a. calculating on and from 21/07/2022 to the realization to the complainant.

The OP is also directed to pay Rs. 30,000/- (Thirty thousand only) to the complainant as compensation as against mental agony and harassment to the complainant.

The entire decree will be complied by the OP within 45(Forty five) days from the date of order, in default the complainant is at liberty to put this order in execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.