Delhi

StateCommission

A/12/132

AXIS BANK LTD. - Complainant(s)

Versus

S.GURU PRABHAKAR - Opp.Party(s)

25 Aug 2015

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                   Date of Decision: 25.08.2015

First Appeal No. 132/2012

(Arising out of the order dated 07.10.2011 passed in complaint case No. 971/2008 by the District Consumer Disputes Redressal Forum-VI, ‘M’ Block, Ist Floor, Vikas Bhawan, I.P.Estate, New Delhi-110001)

In the matter of:

1. AXIS Bank Ltd.

Statesman House

148, Barakhamba Road

New Delhi-110001

2. AXIS Bank Ltd.

No. 276, Hal II Stage

100 Feet Road

Indira Nagar Banglore

Pin-560038

 

Through its AVP & Authorised Signatory

Ms. Ruchi Arora

AXIS Bank Ltd.

Statesman House

148, Barakhamba Road

New Delhi-110001                                                 Appellants

 

Versus

 

S.Guru Prabhakar

C-175, Sainik Nagar

New Delhi-110059                                                 Respondent

                                                                  

CORAM

 

N P KAUSHIK                                    -                       Member (Judicial)

S C JAIN                                             -                       Member

 

1.         Whether reporters of local newspaper be allowed to see the judgment? Yes

2.         To be referred to the reporter or not? Yes

 

 

N P KAUSHIK – MEMBER (JUDICIAL)

JUDGEMENT

1.      Present appeal is directed against the order dt. 07.10.2011 passed by the Ld. District Forum. Vide impugned orders the OP/appellant was held guilty in deficiency of service. Compensation of Rs. 10,000/- including litigation charges were awarded. Appellant was also directed to pay interest @ 9% p.a. on the amount of Rs. 29,500/- which remained debited from the account of the complainant for a period of about fifty days.
2.      The complainant by way of internet transferred a sum of Rs. 29,500/- from Axis Bank Banglore (Appellant) to HSBC Banglore. Transaction entry was done on 07.06.2008. Account of the complainant was debited on 07.06.2008 but the account was not credited in HSBC Bank Banglore. Grievance of the complainant was that he had to face inconvenience and harassment besides the deprivation of the interest on the said amount for the said period of fifty days.
3.      In the District Forum OP/appellant herein did not address the arguments though pleadings were complete in the matter. We have gone through the pleadings of the parties. The defence raised by the appellant herein was that the complainant used electronic money transaction facility called VISA Money Transfer. On 07.06.2008 the amount of Rs. 29,500/- would have been credited in HSBC Bank within a period of three working days. The said non credit was brought to their notice by the complainant only on 22.06.2008. Matter was taken up with HSBC Bank Bangalore on 23.06.2008. HSBC Bank by way of a verbal communication informed the appellant that due to wrong call details, the amount could not be credited.
4.      Before proceedings further, it may be mentioned here that HSBC Bank was not made a party in the proceedings before the District Forum or in this Commission.
5.      In case of electronic money transfer by the customer himself, the bank cannot be held guilty for any mistake committed by the customer in feeding necessary particulars in the computer/mobile phone. Appellant Bank was prompt enough in taking up the matter to HSBC Bank the next day when the complainant approached the appellant. In the electronic system, such lapse or mistakes are bound to happen in case of a small mistake in feeding the information. In such cases, the banker cannot be held guilty. On the contrary the HSBC was on its guards in not crediting the account without matching the particulars. We, therefore, do not find any ‘deficiency in service’ on the part of the appellant bank. Appeal is hence allowed. Impugned order dt. 07.10.2011 passed by the Ld. District Forum are set aside.
6.      Copy of the order be made available to the parties free of costs as per rules and thereafter the file be consigned to Records.
7.      A copy of this order be sent to the District Forum concerned.
8.      FDR, if any, deposited by the appellant be released as per rules.

 

(N P KAUSHIK)

MEMBER (JUDICIAL)

 

 

(S C JAIN)

MEMBER

6.