Karnataka

Belgaum

CC/618/2013

K N Mudri. - Complainant(s)

Versus

Manager Axis Bank. - Opp.Party(s)

K.K.Mudri

09 Feb 2015

ORDER

(Order dictated by  Shri. V.S. Gotakhindi, Member.)

ORDER

          U/s.12 of the C.P. Act, complainant has filed the complaint against the O.P. alleging deficiency in Banking service for collecting the amount even non use of credit card.

          2) The O.Ps. even after service of notice the O.Ps. failed to appear and both are placed exparte.

          3) In support of the claim in the complaint, complainant has filed affidavit and produced documents.

          4) We have heard the arguments and perused the records.

          5) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of the O.Ps. and entitled to the reliefs sought?

          6) Our finding on the point is partly in affirmative, for the following reasons.

:: R E A S O N S ::

          7) The complainant has filed this complaint alleging deficiency in service of the part of the O.Ps. for collecting amount from his account in the month of April 2013. The complainant further submits that he received message through SMS on his mobile that statement will be followed so pay Rs.117.62/-. The complainant submits that he was surprise to receive the information that they have collected the amount mentioned supra from his account but as per SMS he did not receive the statement. It is further submitted that again the month of June 2013 and July 2013 received the SMS that complainant has to pay Rs.55.12/- and Rs.2.57/- respectively and submits that he credited the said amount but did not received the statement as per the SMS on his mobile. Further the complainant submits that without valid grounds the Axis bank have collected the amount from his account and created mental stress, physical problem and also mentally harassment and upon that he is a senior citizen and his a customer of the said opponent bank since from more than 15 years and using credit card for more than 10 years. Further, the complainant contended in his affidavit and complaint that every month after receipt of statement he has remitted the amount to bank and never become defaulter and he has not received any penalty from the credit card section till today. The complainant prayed to allow the complaint and bank compensation towards mental harassment.

          8) On the other hand, the O.Ps. have placed exparte. It is to be considered that the O.Ps. conduct in this case that the complainant have produced sufficient documents before the forum to show that he has interacted with the O.P. Bank through the web site seeking explanation for the wrong collecting of debit card bill and also complaint has addressed several letters to the O.Ps. head office. The complainant has also produced the legal notice issue to the O.Ps. It is noticed that the O.Ps. have replied to the mail address of the complainant and have apologized for delay in responding to the email of the complainant regarding card cancellation and outstanding and further respondent in the month august 2014 by the O.P. bank that they will respond for the email sent by the complainant and appreciated the complainant for cooperation. It is to be noted that the O.Ps. have reply to the emails but there is no any single whisper in regards to as to why they have collected the amount from the complainant accounts to the tune of rupees mentioned in the complaint by the complainant and even we can notice that after receipt of notice from the forum both the O.Ps. have fail to appear. This itself goes to show that the O.Ps. are not interest in responding to the complainant claim etc., Hence looking to the facts and circumstances before the forum and considering the above observation the complainant has proved his case and deficiency in service by the O.Ps.

          9) Accordingly, following order.

ORDER

          The complaint is partly allowed.

The O.Ps. 1 and 2 are hereby directed to pay to the complainant  an amount of Rs.117.62/-, Rs.55.12/- and Rs.2.57/- in all Rs.175.31/- with interest at the rate of 4% P.A. from April 2013 till realization of the entire amount. If the order is not complied within stipulated period, O.Ps. are hereby directed to pay further interest at the rate of 4% P.A. to the complainant from the date of disobedience of order, till the order is complied.

          Further, The O.Ps. 1 and 2 are hereby directed to pay to the complainant an amount of Rs.1,000/- to the complainant towards costs of the proceedings.

          The order shall be complied within 30 days from the date of the order.

 (Order dictated, corrected and then pronounced in the open Forum on: 9^th day of February 2015)

Member                                               President.

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