Kerala

StateCommission

A/14/131

THE MANAGER, AXIS BANK LTD - Complainant(s)

Versus

KALYANASUNDARAM - Opp.Party(s)

T.J LAKSHMANAN

07 Nov 2014

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL  NO.131/14

 

JUDGMENT DATED:07.11.2014

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V JOSE                                                           : MEMBER

Axis Bank Limited,

R/by its Manager,              

Credit Card Section,                                                                     

Marian Building, YMCA Cross Road,                            : APPELLANT

Kozhikkode-673 001.

 

(By Adv: Sri. T.J.Lakshmanan)

 

            Vs.

Kalyanasundaram,

Flat No.B, Ground Floor,

Athulya Raja Apartments,                                                : RESPONDENT

Mankavu.P.O, Near Kalpaka Theater,

Kozhikode-673 007.

 

(By Adv:Sri.Dinesh Sajan)

 

JUDGMENT

 

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

 

This is an appeal filed by the   opposite parties in CC.113/13 on the file of CDRF, Kozhikkode challenging the order of the Forum dated, January 31, 2014 directing the opposite party bank to return Rs.29,436/- to the complainant which was illegally adjusted from his account and to pay a compensation of Rs.3000/- and a cost of Rs.500/-.

2.      The case of the complainant as testified by him as PW1 before the Forum and as detailed in the complaint in brief is this:-

Complainant had savings bank account with the opposite party Axis Bank, Kozhikkode.  The bank issued a credit card facility of Rs.50,000/-.  He made only one purchase of Rs.9,000/- out of which he had repaid Rs.6000/- by instalments and only Rs.3000/- remains to be paid.  He has a balance of Rs.44,436/- on 3.1.2013 but on 4.1.2013 when he attempted to withdraw Rs.30,000/- it was found that Rs.29,436/- has been illegally adjusted towards the credit card charges.  Therefore complainant filed the complaint claiming that amount. 

3.      The opposite party M/s Axis Bank Limited Kozhikkode remained absent before the Forum.  Complainant was examined as PW1 and Exts.A1 to A7 was marked on his side.  Forum accepting the case of the complainant allowed the complaint and directed the opposite party to return Rs.29,436/- illegally adjusted from the account of the complainant and to pay a compensation of Rs.3000/- and a cost of Rs.500/-.  Opposite party has now come up in appeal challenging the said order of the Forum.

4.      When the appeal came up for hearing on September 27, 2014 we felt that an opportunity should be given to the appellant to contest the case on merits.  Therefore we have ordered that appeal will be allowed on payment of cost of Rs.5000/- to the complainant.

5.      Today when the appeal came up for hearing it is submitted that the cost was paid. Therefore appeal is allowed.  The impugned order of the Forum allowing the complaint is set aside and the matter is remanded to the Forum for fresh disposal in accordance with law.  Both parties shall appear before the Forum on December 28, 2014.

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

V.V JOSE  : MEMBER

 

VL.