This complaint under U/S C.P. Act., 1986 was initially filed against the O.P. No.-01, Branch Manager, Axis Bank Ltd, Mal Bazar Branch, P.O. and P.S.- Mal, District- Jalpaiguri, Pin- 735101 and the O.P. No.-02, East Zonal Office, Axis Bank, 1^st floor,5,Shakespeare Sarani ,P.o and P.S. Shakespeare Sarani ,Kolkata 700071,West Bengal who got several opportunities to file  Written Version but the Written Version did not file in due time. Hence, this case runs ex-parte against the O.P.

                           The case of the complainant as per his complaint is as follows-

The complainant told in his plaint that on 03/10/2018 the complainant received payment of Rs 3,363/- (Rupees Three Thousand Three Hundred and Sixty Three) only in his account vide TID No.37376235 of the Axis Bank and the Settlement Report appertaining to MO37133038620001, dated 03/10/2018 of the Axis Bank clearly shows the amount of Rs.3,363/- (Rupees Three Thousand Three Hundred and Sixty Three) only has been settled in favour of the complainant. The complainant also added that the entries in the Statement of Account as on 04/10/2018 was only Rs. 2536.68/- (Rupees Two Thousand Five Hundred Thirty Six and Sixty Eight Paisa) only and had been credited in the Current Account no. 918020044800657. The complainant also argued in his plaint that he went to the O.P. No.-01 several times and requested for the remaining amount of Rs. 826.32/-(Rupees Eight Hundred Twenty Six and Thirty Two Paisa) only which was not credited in the Current Account no.918020044800657 of the complainant, but he did not get any response from the O.P. No.-01. The complaint also argued that he approached the Assistant Director, Directorate of Consumer Affairs and Fair Businesses Practices, Regional  Office, Jalpaiguri with his grievances on 08/02/2019 and complaint No.- 891/64/FS/18-19 was duly registered and the O.P. No.-01 represented by his Advocate came to the said office on 27/02/2019 and prayed for time for a hearing  which was allowed and fixed on 28/03/ 2019 for hearing but the O.P.s did not appear on the said date and finally on 11/07/2019 the matter was not be settled  due to absence and of the O.P. No.-0 1.

The complainant also argued in his plaint that the balance in the Current Account No.- 918020044800657 of the complainant was found to be 00.00 (Zero) only on 17/11/2019 and the complainant informed the O.P. No.-01 to close the current Account No.- 918020044800657. The complainant also added that on 02/12/2019 he went to the O.P. No.-01 with a written representation but the O.P. No.-01 refused to accept the same and thus on 10/12/2019 the complainant sent the representation over email to

The complainant therefore prays for-

1. To initiate process and adjust the remaining amount of Rs 826.32/- which was not credited in the  

Current Account no. 918020044800657 of the complainant along with accrued interest till the date of

actual payment.

2. To pay compensation to the complainant the amount of Rs. 50000/- towards the harassment caused

mental agony and pain suffered by the complainant.

3. To pay to the complainant the amount of Rs 20,000/- towards the cost of the present litigation.

4. To pay to the complainant the interest accrued on the awarded amount @ 12% calculated P.A. from

the date of cause of action till actual realization.

5. Any other relief, the Hon’ble Commission further pleased to award.

List of documents (Photocopies) furnished by the complainant are as follows-

1. Statement of Accounts appertaining to Current Account no.918020044800657 in the name of Sri. Amit Dam
2. Transaction  Certificate :EA25505AFDD50B9 appertaining to TID no.37376235
3.   Settlement Report : M037133038620001 appertaining  to TID no.37376235 of Rs. 3,363/-
4. Statement of Account as on 04/10/2018 appertaining  to Current  Account no. 918020044800657
5. Written Complaint by the complainant to the O.P no.1 dated 22/10/2018
6. Photo Copy of Complaint dated 08/02/2019 along with Notices sent to the O.P no. 1 and order sheets   

The O.P. No.- 01, Branch Manager, AXIS BANK Ltd., Malbazar Branch, P.O. and P.S.- Mal, District- Jalpaiguri, Pin Code- 735221 and the O.P. No.- 02, East Zonal Office, Axis Bank, 1^st floor,5, Shakespeare Sarani, P.O. and P.S. Shakespeare Sarani, Kolkata 700071, West Bengal did not contest the case. A notice was served upon the O.P.s on 07/01/2020 but after receiving the notice both the O.P.s appeared and filed W.V. after statutory period and the same was rejected. Hence, the case do run by ex- party against the O.P. No.-01 and O.P. No. -02.

Points for consideration

1. Whether the complainant consumer?
2. Whether the case is maintainable under the C.P. Act 2019?
3. Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?
4. Is the complainant is entitled to get any award and relief as prayed for?

                          All the points are taken up together for consideration and decision.

Seen and perused the complaint petition and written version filed by the parties which are supported by the affidavit, documents filed by the parties. We are also heard arguments advanced by the complainant in full length.

                It is very much clear from the complaint and various documents filed by the complainant that he has a Current Account no. 918020044800657 in the O.P.’s bank .Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act- 2019 and also there is no doubt that this Commission has its jurisdiction to decide this case.

It is very much clear from the evidence of the complainant that on 03/10/2018 the complainant received payment of Rs 3,363/- (Rupees Three Thousand Three Hundred and Sixty Three) only in his account vide TID no.37376235 of the Axis Bank and the Settlement Report appertaining to MO37133038620001 dated 03/10/2018 of the Axis Bank clearly shows the amount of Rs.3,363/- (Rupees Three Thousand Three Hundred and Sixty Three) only has been settled in favour of the complainant. The complainant also added that the entries in the Statement of Account as on 04/10/2018 it is seen that only Rs. 2536.68/- (Rupees Two Thousand Five Hundred Thirty Six and Sixty Eight Paisa)                                                                                           only has been credited in the Current Account no. 918020044800657. The complainant also argued in his plaint that thereafter he went to the O.P no.  1 several times requesting for the remaining amount of Rs. 826.32/-(Rupees Eight Hundred Twenty Six and Thirty Two Paisa) only which was not credited in the Current Account no.918020044800657 of the complainant. It is also cleared from the evidence of the complainant that the complainant informed this matter to the O.P. but he did not get any fruitful response from their end. Even the O.P. did not take any initiative to resolve this issue.

So, as per the above discussion it is very much clear that there was a deficiency of service from the part of the O.P.s. Thus in the instance case the complainant is entitled to get Rs. 826/- (Rupees Eight Hundred and Twenty Six) only for his claim and the complainant is also entitled to get Rs. 1,000 /- (Rupees One Thousand) only for mental pain and agony and Rs. 1,000 /- (Rupees One Thousand) only for litigation cost.

Hence, it is

ORDERED

That the Consumer Case No. 54/2019 be and same is allowed ex-parte against the O.P.s (AXIS BANK Ltd.).

The complainant do get an award of Rs. 826/-(Rupees Eight Hundred and Twenty Six ) only for his claim and the complainant is also entitled to get Rs. 1,000 /- (Rupees One Thousand) only for mental pain and agony and Rs. 1,000 /- (Rupees One Thousand) only for litigation cost. The total payable amount is Rs. 2,826 /- (Rupees Two Thousand Eight Hundred and Twenty Six) only and this amount will be paid to the complainant by the O.P. within 30 days (Thirty days) from the date of this order failing which the complainant will be entitled to get a simple interest of 6 % per annum from the date of filing of this case i.e. 19/12/2019.

Note in the Register.

In view of the above the instant case stands disposed of.

 Copy of this order be given to the parties free of cost.