West Bengal

Kolkata-I(North)

CC/205/2018

Surajit Pal - Complainant(s)

Versus

Manager, Axis Bank and another - Opp.Party(s)

Saumen Sekhar Ghosh

30 Nov 2018

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/205/2018
( Date of Filing : 10 Jul 2018 )
 
1. Surajit Pal
S/o Nanda Dulal Paul, 6A, Radha Madhab Goswami Lane, Baghbazar, Kolkata - 700003.
...........Complainant(s)
Versus
1. Manager, Axis Bank and another
Dum Dum Road, Dum Dum, Kolkata - 700074.
2. Manager, Axis Bank
1, Raja Gurudas Street, Sovabazar, P.S. - Girish Park, Kolkata - 700006.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
For the Complainant:Saumen Sekhar Ghosh, Advocate
For the Opp. Party:
Dated : 30 Nov 2018
Final Order / Judgement

Order No.  8  dt.  30/11/2018

        The case of the complainant in brief is that the complainant is an account holder of o.p. bank and in respect of his said savings bank account being no.913010012860667 he enjoys facility of credit card. It is stated by the complainant that he withdraw Rs.20,000/- on 07/06/2018 from the said account through credit card and thereafter the amount has been deducted from his said account. The complainant updated the pass book of his said account and came to know that another sum of Rs.20,000/- has been deducted from the same account on same day i.e. on 07/06/2018. Realizing the fact complainant informed the said matter to the o.p. nos. 1 and 2 and as per advice of the o.p. no.1 he also informed the said matter to the customer care of the o.p. – bank. It is further stated that customer care of the o.p- bank refunded only Rs.8,229/- to the complainant hence the complainant filed this instant case, praying for direction upon the o.ps. to pay balance amount from Rs.20,000/- along with compensation of Rs.80,000/- and litigation cost of Rs.5,000/-.

            Registered notices were duly served upon the o.ps. In spite of service of notices none appears on behalf of o.ps. Hence, the case no. 205 of 2018 was proceeded ex parte against them.

Decision with reasons:

            Being an account holder, the complainant withdrew Rs.20,000/- from his account through credit card on 07/06/2018. The complainant alleged that another sum of Rs.20,000/- has been deducted from his said account on 07/06/2018 which was not withdrawn by him and after being informed of the said fact the o.p- bank refund of Rs.8,229/-. On perusal of pass book of said account of the complainant it appears that Rs.20,000/- has been withdrawn two times on 07/06/2018 from the said account of the complainant. Further it appears from the unchallenged documents filed by the complainant that Rs.8,229/- has been refunded on 22/06/2018 in the same account. Since o.p. refunded the amount to the account of the complainant to adjust the amount falsely deducted from the said account, they substantiated the allegation made against them. Further the  letter dated 27/06/2018 proves that the complainant requested the o.p.- bank to refund the amount falsely deducted from this account.

            From the above discussion we are of opinion that the complainant should get remaining amount of Rs.11,771/- with compensation of Rs.2,000/- and litigation cost of Rs.1,000/-.

                                    Hence, it is

                                    Ordered

            That the Case No. 205/2018 is allowed ex parte with cost against o.ps. O.p. nos. 1 and 2 are jointly and severally directed to pay Rs.11,771/- (Rupees Eleven Thousand Seven Hundred and Seventy One) only  with compensation of Rs.2,000/- (Rupees Two Thousand) only for harassment and mental agony along with litigation cost of Rs.1,000/- (Rupees One Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER

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