Delhi

StateCommission

A/263/2016

AXIS BANK LTD. - Complainant(s)

Versus

SHOBHA VERMA & ANR. - Opp.Party(s)

LOVLEEN GOYAL

24 Jan 2017

ORDER

IN THE STATE COMMISSION : DELHI

 

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

 

Date of Decision :20.01.2017

 

(Arising out of the order dated 07.01.16 passed in Complaint Case No.446/14 passed by the District Consumer Dispute Redressal Forum (North East), Nand Nagri, Delhi.)

First Appeal No. 133/2016

1. The Manager

United Bank of India

Nand Nagri (Leprosy Complex)

F-8, Dilshad Colony

New Delhi-110095

 

2. The Managing Director

United Bank of India

11, Hermant Basu Saral

Kolkata, West Bengal

……Appellant

Versus

1. Ms. Shobha Verma

719, 3^rd Floor

GTB Enclave, Janta Flats,

Nand Nagri, New Delhi-110093

 

2. The Managing Director

Axis Bank Limited

Trishul, Third Floor

Opp. Samartheshwar Temple

Nr. Law Garden, Ellisbridge

Ahmedabad-380006

 

3. The Managing Director

Axis Bank Limited

Corporate Office

Bombay Dyeing Mills Compound

Pandurang Budhkar Marg

Worli, Mumbai-400025

…Respondents

 

 

 

 

 

First Appeal No. 263/2016

Axis Bank Limited

Corporate Office

Bombay Dyeing Mills Compound

Pandurang Budhkar Marg

Worli, Mumbai-400025

Also At:

Trishul, Third Floor

Opp. Samartheshwar Temple

Nr. Law Garden, Ellisbridge

Ahmedabad-380006

 

……Appellant

Versus

1. Ms. Shobha Verma

719, 3^rd Floor

GTB Enclave, Janta Flats,

Nand Nagri, New Delhi-110093

 

2. United Bank of India

Through its Manager

Nand Nagri (Leprosy Complex)

F-8, Dilshad Colony

New Delhi-11009

 

3. United Bank of India

Through its Managing Director

11, Hermant Basu Saral

Kolkata, West Bengal

 

…Respondents

 

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

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

2.         To be referred to the reporter or not?

Justice Veena Birbal, President

1.             These two appeals are arise out of one order dated 7.1.16 in CC No.446/2014 passed by Ld. District Forum (North-East), Nand Nagri, Delhi. Appeal No.133/16 is filed by the United Bank of India and its Managing Director i.e. OP-1 & 2 before the District Forum and FA No.263/16 filed by the Axis Bank Ltd. and its Managing Director i.e. OP-3 & 4 before the District Forum. Accordingly both these appeals are taken up together for disposal.
2.             Briefly the facts relevant for disposal of the complaint are as under:-

         The respondent No.1/complainant had filed a complaint before the District Forum alleging therein that she is an account holder of OP-1 and had approached the ATM of OP-3 i.e. AXIS Bank at GTB Enclave, Janta Flat, Nand Nagari  and tried to withdraw Rs.200/- from her account. According to her the transaction was successful. After two days thereof when she visited the ATM of OP-1 by using the ATM card she found that Rs.20,000/- had been debited from her account. She made a complaint to OP-1. But no action was taken by the OP-1. Accordingly she had filed a complaint before the District Forum for refund of Rs.20,000/- alongwith Rs.50,000/- as compensation and Rs.10,000/- as litigation expenses.      OP-1 & OP-2 did not contest the case before the District forum and was proceeded ex-parte.

3.             Perusal of impugned order shows that OP-1 & 2 did not appear before the District Forum and were proceeded ex-parte and vide ex-parte judgment dated 7.1.16 the matter has been disposed of. The Ld. District Forum decided the case in favour of the respondent No. 1/complainant and directed the OPs jointly and severally to pay an amount of Rs.20,000/- to the respondent No.1/complainant alongwith Rs.100/- per day penalty from the expiry of one week after wrong deduction as allowed by the guidelines of Reserve Bank of India.  Rs.3,000/-  is awarded towards compensation and Rs.1,000/- as litigation costs.
4.             Aggrieved with the aforesaid order, the OPs have filed the aforesaid appeals.
5.             Ld. Counsel for the OP-1 & 2 i.e. Union Bank of India has submitted that OP-1 & 2 could not appear before the Ld. District Forum due to unavoidable circumstances. It is stated that the OP-1 & 2 have a good case on merits in as much as the respondent No.1/complainant did not produce the relevant documents before the District Forum i.e. transaction slip with respect to alleged transaction/mini statement to substantiate her allegations. It is further stated that the card and the four digit personal identification number remained in her possession/knowledge throughout and the appellant/OP-1 be given a chance to contest the case on merits.
6.             Counsel for the OP-3 & 4 i.e. AXIS Bank Ltd. submits that OP-3 & 4 were never served before the Ld. District forum. It is stated that when the copy of the impugned judgment was received in the Head Office of OP-3 & 4 at Bombay, it has come to the notice of OP-3 and OP-4 about filing of present case. It is further submitted that OP-3 & OP-4 have no roll in the present case and have been unnecessarily added as a parties in the complaint case.
7.             Respondent/complainant is present in person alongwith her relation. She states that instead of calling for the record from the District Forum and hearing it further she has no objection if subject to payment of costs, the opportunity be given to OPs to contest the case before the District Forum. She states that she is doing so to cut delay in the matter.
8.             Considering the totality of the  facts and circumstances including reasoning for non appearance and  stand of the OPs on merits, we feel it appropriate that OPs be given chance to substantiate their defense. Accordingly, we allow the aforesaid two appeals and set aside the impugned order dated 7.1.16 and remand back the matter to the District Forum  subject to payment of costs of Rs.3,000/- which will be paid by the OP-1 & 2 to the respondent No.1/complainant. Rs.2,000/- shall be paid towards costs of condonation the delay which has been imposed  vide separate order passed today while condoning the delay in FA NO.263/16 by OP-3 & 4 to the respondent No1/complainant.
9.             Let the parties appear before the Ld. District Forum on 1.3.2017.  
10.             On the said date OPs shall pay the costs to the respondent No.1/complainant as has been stated above. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
11.             A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum (North-East), Nand Nagri, Delhi.

 

         File be consigned to Record Room.

 

 

 (Justice Veena Birbal)

President

                                                              

 

(Salma Noor)

Member