Delhi

New Delhi

CC/1070/2013

Hari Ram - Complainant(s)

Versus

M/S. AXIS Bank Ltd. - Opp.Party(s)

07 Sep 2018

ORDER

 

 

                             CONSUMER DISPUTES REDRESSAL FORUM-VI

                                    (DISTT. NEW DELHI),

                           ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                           NEW DELHI-110001

 

 

Case No.C.C. 1070/2013                                                                          Dated:

In the matter of:

  Sh. Hari Ram,

  S/o Sh. Ram Ddin,

  R/o E-107, D-Block,

  Rama Bai Mohalla,

  Johripur, Delhi-110094

                                                                                                               …… Complainant

 

 

 

Versus

Axis Bank Ltd.

Khan Market Branch,

Delhi 2A&2B, Khan Market,

New Delhi-110003

Through its Branch Manager

 

                                                                                                             …….Opposite Party

 

 

 

 

 

 

 

H.M.VYAS :MEMBER

ORDER

        Complainant has filed this complaint before this Forum under Section 12 of the Consumer Protection Act 1986 (the Act) against   Axis Bank Ltd., hereinafter  referred to as OP praying for reliefs as under :-

1. “Pass an award in favour of the complainant and against the opposite party, thereby directing the opposite party to pay a sum of Rs. 10,000/- which was wrongly debited in the account of complainant.

 

2. Pass an award in favour of the complainant and against the opposite party,  thereby directing the opposite party to pay a  sum of Rs. 1,00,000/- as compensation to the complainant  for mental harassment, agony, loss of precious time, money etc.

 

 

3. Direct the respondents to pay a sum of Rs. 10,000/- to the complainant as litigation expenses.

 

4. Pass any other relief(s), which this Hon’ble Forum may deem fit and proper under the facts and circumstances of the case, in favour of the complainant and against the respondents.”

             

It is stated by the complainant that on 01/06/2013 at about 11.00 A.M. he tried to withdraw Rs. 10,000/- from the ATM SBI at Johripur vide no. 4902541200319428 provided by the OP.  No cash was dispensed.  He again tried to withdraw Rs. 5000/- from the same ATM and the transaction was successful.  Mini transaction slip was obtained.  SMS was also received indicating the balance in Rs. 25,149.44 INFO.   On 3/6/13 he withdrew Rs. 2000/- and he received a transaction slip from dated 31/05/13 to 03/06/13 from the same ATM showing also the transaction of Rs. 10,000/- though said amount was not dispensed during the attempt.  The requests and telephonic calls went in vain.  Alleging deficiency in service on the part of the OP prayer as above is made.

The Op was noticed and the written statement filed denying all allegations. Thereafter the complainant filed evidence and the OP did not file the evidence despite giving opportunity.  The OP evidence was closed on 24/07/2015.  A number of opportunities were given to the OP to produce the CCTV footage of the alleged transaction to reveal the fact, but the OP failed.  Even on 4/5/18 again a notice was issued to the OP for 17/7/18 but none appeared. 

We have considered the material placed before us and the submissions of the complainant.  The testimony of the complainant remained un-rebutted and that the  OP opted not to place the CCTV  footage despite opportunity.  In such set of circumstances the testimony of the complainant is believed to be true.  We accordingly hold the OP to be guilty of deficiency in service and direct refund of Rs. 10,000/- along with simple interest of 10% p.a. from the date of filing of the complaint till the date of realization and litigation cost of Rs. 2000/-.  OP shall comply the orders within 30 days from the date of receipt of this order failing which interest @ 12 % p.a on Rs. 10,000/- shall be paid from the date of filing of the complaint i.e. 09/12/2013. 

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required.

 File be consigned to record room.

Announced in open Forum on  07/09/2018_.

The orders be uploaded on www.confonet.nic.in.

 

                                                             (ARUN KUMAR ARYA)

                      PRESIDENT

 

 

(NIPUR CHANDNA)                                                                (H M VYAS)

                         MEMBER                                                                       MEMBER