Delhi

New Delhi

CC/572/2009

Sumana Bhasin - Complainant(s)

Versus

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

18 Apr 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.TC.572/2009                                                                        Dated:

In the matter of:

Ms. Sumana Bhasin,

R/o D-1101, 2^nd Floor,

New Friends Colony,

New Delhi-110065.

                 ……..COMPLAINANT

VERSUS

1. The Axis Bank,

Corporate office at:

131, Maker Tower-F,

Cuffe Parade, Colaba,

              Mumbai-400005

 

2. The Manager,

Axis Bank,

Khan Market,

New Delhi.

 

Opposite Parties.

ARUN KUMAR ARYA, PRESIDENT

 

ORDER

 

The complaint is filed by the complainants under section 12 of the Consumer Protection Act, 1986, alleging the deficiency in services against OPs.  The complainant has an account bearing No.120010100782173, No.120010100797306(joint account) in Khan Market Branch, 022010100236775 closed bank account in Noida Branch.  The complainant and her husband are embroiled in matrimonial litigation.  She received High Court Notice in Criminal Misc. C. No.2900/2008  filed by her husband against her in which her personal bank account statement were disclosed.  The complainant never authorized any person or her husband to take out her bank statement from said bank.   She enquired regarding the same from the Branch Manager, Mr. Manish Bhatnager, who told her that the statement of the account were taken out from some other branch of the OP bank.  It is alleged that the Bank has a legal and moral duty of maintaining the secrecy and confidentiality of its customer financial transaction.  The OP Bank by disclosing/providing the statement of her saving account to her husband leads to deficiency in services on the part of OP bank, hence this complaint.

2.     Complaint has been contested by OP.   OPs denied any deficiency in service  on its part.  It is stated by OP that OP bank is a professional banker and is well aware about the secrecy obligations cast by the bank. In the present case, the OP did not receive any request from anybody and has not divulged to anybody.  The present complaint is filed on wrong assumptions, therefore, the complaint of the complainant be dismissed.

3.     Both the parties have filed their evidence by way of Affidavit. 

4.     We have heard the arguments advance at the Bar and have perused the record.

5.     It is argued by the complainant that she received High Court Notice in Criminal Misc. C. No.2900/2008 filed by her husband against her in which her personal bank account statement were disclosed.  She has failed to place on record the copy of notice as well as the petition filed in Criminal Misc. C. No.2900/2008  to prove her aforesaid contention.  The complainant has placed on record downloaded copy of Saving account statement of all the three accounts mentioned in the complaint, this statement does not prove that the same were issued by OP bank.  Moreover, the statement does not bear any signature/seal of OP Bank. 

6.     Admittedly, the bank has a legal and moral duty of maintaining the secrecy and confidentiality of its customer financial transaction.  But in the present case, the complainant has failed to place on record any document which shows that the OP bank had issued her saving account statement to her husband. The present complaint is filed on wrong assumptions that OP bank had failed to discharge its duties of secrecy obligations cast on it.  The present complaint is devoid of merit, same is hereby dismissed.

A copy each of this order each be sent to both parties free of cost by post.  This final order be sent to server (www.confonet.nic.in ). File be consigned to Record Room.

Announced in open Forum on 23/04/2019. 

 

 

(ARUN KUMAR ARYA)

         PRESIDENT

(NIPUR CHANDNA)                                                (HM VYAS)

       MEMBER                                                              MEMBER