DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC-  119  of 2017

 

Smt. Pratima Das,

W/O- Sri Haridas Das,

Ward No. 4 Mouja Bikram Nagar,

P.O. Sekerkote, Sadar West Tripura,

Pin- 799130.

 

Present Address:

Sardar Pukur, Behind Kalyan Samity Club,

Bordowali, P.O. A.D. Nagar, Agartala, 

West Tripura-799003. …......…...Complainant.

 

             VERSUS

 

Branch Operator & other Officials-

Axis Bank Ltd., A.D. Nagar Branch (T.R.),

Bordowali (Near B.O.C.), P.O. A.D. Nagar, 

Pin- 799003, Agartala, West Tripura. .......... Opposite parties.

 

 

                      __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

For the Complainant : Smt. Sarbani Majumdar,

  Advocate.

  

For the Opposite Party : Smt. Pushpita Chakraborty,

    Advocate.

 

 

 

JUDGMENT  DELIVERED  ON:   09.04.2018

 

 

 

J U D G M E N T

This case arises on the petition filed by one Smt. Pratima Das, U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on payment of advance in the Axis Bank she opened one locker on 11.08.2015. She paid the charges for the Financial year 2015-16, 2016-17. The term is to over on 31st March, 2017. She verbally informed the Bank Manager about her desire to surrender the locker. Bank Manager assured her but on 26.04.17 locker charge for one year Rs.3,450/- was deducted from her account. She paid the surrender charge on the same date Rs.288/-. Inspite of that the locker charges was deducted from her account. She made contact with the Branch Manager who assured for refund but it was not refunded. She then sent letter requesting to refund of the amount. But it was not refunded. Due to such unfair trade practice and deficiency of service of Axis Bank petitioner suffered and claimed the refund of the amount and also compensation for her harassment.

2. O.P. Branch Manager, Axis Bank, Arundhutinagar appeared and filed written statement. It is stated that Axis Bank has no deficiency of service.

3. Petitioner produced the letter addressed to Bank Manager, copy of her Pass Book, Accounts Statement, confirmation  for nomination was registered for locker No. 1080. Petitioner also produced one witness i.e., the complainant herself. 

4. O.P. on the other hand, produced the Statement on affidavit of Sukanta Mukherjee, also produced statement of account.

5. On the basis of evidence on record we shall now determine the following points:

(I) Whether the locker charge was taken after surrender of the locker?

(II) Whether there was deficiency of service by the Axis Bank and petitioner is entitled to get compensation?

6. On scrutiny of the evidence of both oral and documentary we shall determine the above points.

Findings and decision:

7. Sukanta Mukherjee in his statement on affidavit  stated that complainant did not make any prayer in writing for surrender of her locker. In the cross examination he stated that locker fee charged from April to April of the calender year. They  have taken the locker surrender charge. Petitioner stated that she requested the Bank Manager to close the locker by 31st March, 2017 and Manager assured her to close thereafter she paid surrender charge also Rs.288/-. Inspite of that Rs.3,450/- was deducted from her account. She informed the fact, demanded the amount but it was not paid. 

8. We have gone through the statement of account as produced by the O.P. From the statement of account it is found that on 26.04.17 Rs.3,450/- was deducted from the account of the petitioner as locker charge for locker No.1080. On the same day on 26.04.17, Rs.288/- was deducted as surrender charge. It is surprising that on the same date surrender charge was taken and also locker rent was taken for one year. It is admitted fact that from April to April locker charge is taken. Petitioner verbally  requested the O.P., Branch Manager to close the locker and also paid this locker surrender charge in the month of April. Inspite of that locker rent was deducted from account. The locker is taken on payment of rent for one year. Definitely on the expiry of one year the locker is to be closed but the O.P. bank did not close it. On 12.09.17 a written application was given for refund of the amount but the amount was not refunded.

9. We have gone through the Pass Book copy of the Savings Account and found that the amount deducted without any application. As rent of the closed locker was not refunded after taking surrender charge, so the Bank had deficiency of service. This is unfair trade practice and also deficiency of service of Axis Bank. We therefore, direct Axis Bank to refund the locker rent Rs.3,450/-(Rupees Three Thousand Four Hundred Fifty) to the petitioner also pay Rs.5,000/-(Rupees Five Thousand) as compensation to the petitioner for her sufferings, mental agony and Rs.2,000/-(Rupees Two Thousand) for litigation cost. In total O.P. Axis bank is to pay Rs.10,450/-(Rupees Ten Thousand Four Hundred Fifty) to the petitioner. Direct the O.P. Bank to pay the amount to the petitioner within one month if not paid it will carry interest 9% P.A.   

Announced.

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, WEST TRIPURA, AGARTALA   SRI U. DAS

MEMBER,

  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, WEST TRIPURA, AGARTALA.