PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                  CONSUMER COMPLAINT NO. 205/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Prasanna Kumar Maharana,

S/O-Gangadhar Maharana, R/O-Anguliapada,

Post-Budharaja, Ps-Ainthapali, Dist-Sambalpur,

Dist-Sambalpur,                                                   …………………Complainant.

                                    -Vrs.-

Manager, Axis Bank Limited,

1^st Floor, Budharaja Road, Near Ainthapali Chowk, P.S-Ainthapali,

Dist-Sambalpur.                                                   ………………..Opp. party

Counsels:-

1. For the Complainant         :- Sri. P.M.Dash
2. For the O.P.                        :- Ex-parte

Date of Filing:10.11.2023,Date of Hearing :06.02.2024,Date of Judgement : 02.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is having a savings Bank Account and a Max life Insurance Policy No. 599284916 with O.P. The Complainant paid Rs. 51,251/- on 03.03.2023 through paytm but the said amount was not reflected in insurance receipt. Complaint made before O.P. and higher authorities but it was in vain. On 07.08.2023 a pleader notice was sent but the O.P. remained silent. Being aggrieved this complaint was filed.
2. The O.P. has been set ex-parte.
3. The Complainant has filed Transaction I.D. NO. T 2303031814090190087365 of Rs. 51,125.08 paid to Max Life Insurance Co. Ltd. On 03.03.2023 and transaction successful at 6.14P.M. Another message of Phonepe filed where transaction has been shown successful .Service request No. SAK00001662576 was made to the O.P. and the Bank gave reply that transaction is successful and service request is resolved. Max life Insurance on 05.04.2023 issued payment acknowledgement for policy No. 599284916 transaction dated 31.03.2023, method of payment shown-direct debit. Axis Bank Bank statement in A/C No. 918011012140519 reflects debit of the amount Rs. 51,125.08 on 03.03.2023. The Max Life Insurance on complaint informed an amount of Rs. 51,125.08 has been declined. On 07.08.2023 the Complainant issued pleader notice to the O.P. to know about the delivery position of the amount to whom it was credited but the O.P. remained silent.
4. From the aforesaid facts it is transparent that an amount of RS. 51,125.08 has been debited from the account of Complainant but the amount has not been credited in policy A/C of the Complainant with Max Life Insurance Co. Ltd. The O.P. remained silent since 03.03.2023 and failed to explain where the amount has been credited. After receipt of pleader notice also the O.P. remained silent. For the silence of O.P. the Complainant could not regularise the policy account. It amounts to deficiency on the part of O.P.

Accordingly, it is ordered:

ORDER

The complaint is allowed ex-parte against the O.P. The O.P. is directed to refund Rs. 51,125.08P with 12% interest P.A. w.e.f. 03.03.2023 within one month of this order. In case of non-payment the amount will carry 14% interest P.A. till realisation. The O.P. is to pay compensation of Rs. 20,000/- and litigation expenses of Rs. 10,000/- to the Complainant.

Order pronounced in the open court on this 2^nd day of April 2024.

Supply free copies to the parties.