Orissa

Cuttak

CC/200/2014

Rudra Charan Das - Complainant(s)

Versus

Branch Manager,Axis Bank Ltd - Opp.Party(s)

R K Pattanaik

16 Jan 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.200/2014

 

Rudra Charan Das,

Kathagada Sahi,PO:Buxibazar,

P.S:PUrighat,Dist:Cuttack,

At present:Swastic Center,Plot No.601,

Buxibazar,Cuttack-1.                                                           … Complainant.

 

                Vrs.

 

1.         Branch Manager,.

Axis Bank Ltd.,Badambadi Main Branch,

PO:Arunodaya Mmarket,P.S:Madhupatna,

Town/Dist:Cuttack.

 

2.        Head Customer Care,                                                 

Axis Bank Ltd.,Corporate Office,

Bombay Dyeing Mills Compound,

Pandurang Budhkar Marg,Worli,Mumbai.                             … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   31.12.2014

Date of Order: 16.01.2017

 

For the complainant: Sri R.K.Pattnaik,Adv. & Associates.

For Opp.Parties.     : Sri Manoj Kumar Panda,Adv. & Associates.

 

Sri Bichitra Nanda Tripathy,Member.

                The complaint is against the O.Ps for deficiency in service.

1. In nutshell the complaint is as follows:-

1. The complainant had opened an account with O.P Bank vide A/c No.091010100234474 since 10.12.2007.
2. An agent of the O.P. Bank requested the complainant to avail a credit card.  The complainant handed over copies of PAN card, voter identity card, telephone bill to the said agent for the purpose.  The concerned agent intimated the complainant that the request for credit card has been turn down/rejected on 24.12.2007.
3. Thereafter, another agent approached the complainant to have a credit card and also to apply for the same again.  The complainant applied for the credit card again but on 23.01.2008 the said agent intimated the complainant that the second application of the complainant for issuance of credit card is also rejected.
4. During the year 2012 another agent intimated the complainant that a credit card is already issued in the name of the complainant and the outstanding against the complainant is Rs.50,000/- approximately and also asked to repay the same.  The complainant was surprised and asked the Manager (O.P.1) to find out the truth.  Subsequently the Branch Manager intimated the complainant that a credit card was issued in his name.  Transactions were made by using the said credit card and dues are outstanding against the said credit card also.
5. The complainant was surprised and asked the Branch Manager to provide him details of his application details regarding issue of said credit card and the receipt of the complainant regarding acknowledgement of the said credit card but O.P No.1 avoided to provide such informations.  Then the complainant intimated the matter to the priority Manager to look after the said issues.
6. After some year, the complainant applied for a loan in some other Bank Branch and came to know that the outstanding dues of his credit card reflected in CIBIL for which the loan application was rejected.  Then the complainant applied for CIBIL score and found that the amount of the credit card is write off (copy of such CIBIL report dt.21.5.2014 is enclosed vide Annex-1).
7. On several requests, the complainant came to know from CIVIL that on 24.7.2007 there was an enquiry for issuance of credit card to the complainant and the same was cancelled on 25.1.2008.  But again the credit card was issued in the name of the complainant (Rudra Charan Das) on 4.2.2008. (Such CIBIL report dt.21.5.2014 is enclosed vide Annexure-2).
8. The complainant intimated the matter to O.P.1 vide his E.Mail letter dt.10.7l2014, 30.10.2014 and 31.10.2014(the same are enclosed vide Annexure-3) but in vain.
9. Finding no other way, the complainant issued a legal notice on O.P.1 on 24.11.2014 but it yielded no result (Annexure-4).
10. Finding no other way, the complainant has taken shelter of this Forum.  He has prayed for a compensation of Rs.1,90,000/- and a sum of Rs.10,000/- towards cost of litigation. He has also prayed to direct the O.Ps to write of the outstanding balance of the said credit card amounting to Rs.71,918/- and also to delete the name of the complainant from CIBIL list since the complainant has neither received such credit card nor has made any transaction by using such credit card.

2. Although the O.Ps have attended the court on several occasions, they have not filed any show-cause/written version. The O.Ps have not participated in the hearings for which the order was set exparte on 11.1.2017.
3. We have gone through the case in details and have perused the documents/papers as filed by the complainant.  Since the O.ps have not filed any written version, we are constrained to accept the statement given by the complainant as uncontroverted and also presume that the O.Ps have nothing to say further in their defense in view of the observations of the appellant Forums as stated below:-

1. “Absence of written version- Commission is bound to accept the uncontroverted statement made by the complainant.”(20032-CLT-Vol-96, P-15,Para-4,C.D No.37/2002).
2. In case written version is not filed after several opportunities, it has no defense on merit.”(2013(1) CPR-507(N.C).

Basing in the facts and circumstances as stated above and to meet the ends of justice, we allow the dispute against the O.Ps.

                                                                        ORDER

1. O.P.1 bank is directed to make good to the balance outstanding in the credit card No.4718610100640623 standing in the name of the complainant Sri Rudra Charan Das.
2. O.P.1 Bank will intimate CIBIL to delete the name of the complainant.
3. O.P.1 Bank will pay a sum of Rs.40,000/- as compensation to the complainant towards mental agony and harassment.  O.P1 Bank will also pay a sum of Rs.5,000/- towards cost of litigation.  All above noted matters such as paying the outstanding balance of the said credit card, intimation to CIBIL to delete complainant’s name and payments to the complainant shall be completed within a time limit of 45 days failing which the complainant is at liberty to take shelter of this Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 16^th day of January, 2017 under the seal and signature of this Forum.

                                        (Sri B.N.Tripathy )

                                                                                                                                             Member.

                                                                                                                                            

                                                                                                                                            (  Sri D.C.Barik )

                                                                                                                                                     President.

 

                                                                                                                                      (Smt. Sarmistha Nath) 

                                                                                                                                      Member(W).