Chandigarh

DF-II

CC/77/2023

Mandeep Kaur - Complainant(s)

Versus

Branch Manager of Axis Bank - Opp.Party(s)

In Person

16 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	77 of 2023
Date  of  Institution	:	09.02.2023
Date   of   Decision	:	16.08.2023

 

 

 

 

 

Mandeep Kaur d/o Sh.Darshan Singh, R/o H.No.242, Sector 56, U.T., Chandigarh

            …..Complainant

 

Versus

 

Branch Manager of Axis Bank, Noonamati, Assam.

 

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                MEMBER

                               

Argued by    : Complainant in person

                OP exparte.

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

         The complainant has filed the present complaint pleading that she received a fake call from Mobile NO.9721576522 on 21.5.2022 posing himself to be her Fufar Ji and demand Rs.2.50 lacs to which complainant agreed.  Accordingy, the complainant paid an amount of Rs.40,000/- (Rs.35,000/- + Rs.5000/-) through Googlepay from her Account NO.2936001700047348, Punjab National Bank, Palsora, Sector 55, Chandigarh (Ann.C-1).  It is pleaded that the complainant also approached her relatives for the  help and as such, Sh.Harvinder Singh s/o Gurdeep Singh paid Rs.20,000/- on 21.5.2022 (Ann.C-2), Sh.Amandeep Singh paid Rs.50,000/- through ICICI bank on 21.5.2022 (Ann.C-3) and Sh.Gurjit Singh paid Rs.50,000/- through HDFC bank (Ann.C-4).  It is stated that the complainant reported this incident to Cyber Cell, Sector 17, Chandigarh (Ann.C-5) where she was told that Cyber Cell hold the amount of the complainant i.e. Rs.1,60,000/-  and the same is lying hold with Axis Bank, Noonamati, Assam.  It is submitted that the Cyber Cell of Chandigarh Police also wrote to OP Bank to refund the said amount into the complainant’s account No.2936001700047348 of Punjab National bank but still it was not done. Hence, this complaint has been preferred seeking refund the said amount from the OP Bank.

 

2]      Notice of the complaint was sent to the OP. The OP did not appear before this Commission despite service of notice and therefore, it was proceeded exparte vide order dated 11.5.2023. 

 

3]      Complainant led evidence in support of her contentions.

 

4]      We have heard the complainant and have gone through the entire record.

 

5]      It is evident from letter issued by the Chandigarh Police – Police Station Cyber Crime, (Police Station Building), Sector 17, Chandigarh

bearing Memo NO.7921-5A/CCIC/Chandigarh dated 8.11.2002 (Page No.16) written to The Branch Manager, Axis Bank, in response to the complaint lodged by Mandeep Kaur regarding fraudulent transaction that the account is put on hold and it has been requested that to refund the said transaction i.e. Rs.50,00/-, Rs.50,000/-, Rs.20,000/-, Rs.5000/- and Rs.35,000/- into complainant account No.2936001700047348 of Punjab National Bank.

 

6]      The OP Bank despite being duly served, failed to appear or come forward to contradict the allegations set out in the present complaint, which raised a reasonable presumption that the Opposite Party has nothing to contradict meaning thereby that the OP has duly admitted the claim of the complainant.  Further the evidence led by complainant has gone unrebutted & uncontroverted. Therefore, the present complaint is allowed with direction to the Opposite Party Bank to refund an amount of Rs.1,60,000/- in the complainant’s account No.2936001700047348 of Punjab National Bank along with interest @6% p.a. from the date of filing this complaint-19.2.2023 till its actual payment.

        This order shall be complied with by the OP within a period of 45 days from the date of receipt of copy of this order.     

        Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

16.08.2023                                                                         

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER