West Bengal

StateCommission

RP/201/2017

The Branch Manager, Axis Bank (Credit Card Department) - Complainant(s)

Versus

Mr. Avijan Das - Opp.Party(s)

Ms. Punam Kumari Choudhury

14 Jun 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/201/2017
( Date of Filing : 30 Aug 2017 )
(Arisen out of Order Dated 19/07/2017 in Case No. Complaint Case No. CC/347/2016 of District Howrah)
 
1. The Branch Manager, Axis Bank (Credit Card Department)
Panchanantala Branch, 2, Deshpran Sashmal Road, Howrah-711101
...........Appellant(s)
Versus
1. Mr. Avijan Das
S/O Sri Shankar Das, 37/1, I.R. Belilious lane,P.S.-Bantra Dist-Howrah Pin-711101
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Petitioner:Ms. Punam Kumari Choudhury, Advocate
For the Respondent: Ms. Binota Roy., Advocate
Dated : 14 Jun 2018
Final Order / Judgement

Sri Shyamal Gupta, Member

Challenging the Order dated 19-07-2017 passed by the Ld. District Forum, Howrah in CC/347/2016, this Revision is filed by the OP Bank.

In short, case of the Revisionist is that, over non-payment of its outstanding due in respect of the subject credit card, arms with the conditions laid down under the Cards Members Agreement, debit freeze was imposed upon the concerned accounts of the Respondent. Yet, the Ld. District Forum asked it to remove such freezing. 

The core issue to be decided in this Revision is whether such imposition of debit freeze upon the accounts of the Respondent is tenable or not.

Heard the Ld. Advocates of the parties and gone through the documents on record.

It appears that during pendency of the case, the Revisionist imposed such debit-freeze upon the accounts of the Respondent.  It is indeed shocking that notwithstanding the Ld. District Forum was seized of the matter, the Respondent did not bother to take it into confidence before initiating such coercive measure. It appears that the Revisionist even did not issue any prior notice to the Respondent also. This is not acceptable.

No one disputes the right of a bank to take appropriate measures to realize its outstanding due.  However, given that the matter was pending before a competent Court of Law, that too at the final hearing stage, it was wholly inappropriate on the part of the Revisionist to impose such debit-freeze without obtaining prior consent of the Ld. District Forum.  

Looking from this aspect, we find no infirmity with the impugned order.

Revision, thus, fails.

Hence,

O R D E R E D

The Revision stands dismissed on contest against the Respondent.  The impugned order is hereby affirmed.  Parties do bear their respective costs.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.