This appeal is directed against the order of Ld. DCDRF, Siliguri dated 16/4/2019 in connection with cc no. 21/S/2019. The fact of the case in nut shell is that one Sandha Saha, a widow and Senior Citizens lodged a consumer complaint before the Ld. DCDRF, Siliguri to the effect that She opened a current account at Axis Bank Pradhan Nagore  under the request of regional head of Axis Bank Sevoke Road office.

The further case of the compliant is that after opening said current account she could not operate said account due to some mis-match of her signature due to old age, she was advised by one Debasish of Pradhan Nagar branch to open a new current account thereon to overcome inconveniences and accordingly under his advice she opened a new current account at Pradhan Nagar Branch and at the time of opening the new current account she was advised and assured that the old current account which she could not function properly be closed and on their request she has withdrawn the money of the old account and transfered the same to the new account.

Subsequently, She was utterly surprised on 15/9/2018 that rupees 4141 and rupees 23009 was deducted as consolidated charge from the new account for non-operation of the old account, then she came to know that her old account was not closed she then approached the bank officials to refund the said deducted amount as she was fully assured that her old account was to be closed but the Bank Authority did not pay any heed to her request, so she registered consumer complaint. At the time of admission of the case. Ld. Forum has observed that there was some deficiencies in details regarding the date of opening the first current account and then new current account and also did not mention the name of the branches where she had opened said two accounts and the signatures of the consumer compliant was mismatched as it was recorded as Sandha Haya in place of Sandha Saha and for that deficiencies, the complainant was asked to meet up the deficiencies on 16/4/2019. On 16/4/2019 the complainant could not take any steps and on that day, the Ld. Forum has rejected the compliant at the stage of admission and passed the order that the case was not admitted on merit.

Being aggrieved with this order, this appeal follows on the ground that Ld. forum without giving sufficient giving opportunity and without appreciating facts and circumstances of the case has erroneously passed the impugned order which is liable to be set aside.

The appeal was admitted on merit and respondents who happened to be the Op in the consumer compliant was served notice and the Ops of that consumer compliant has contested this appeal as respondents by authorising Ld. Advocate to conduct the case. Accordingly the appeal is heard in presence of Ld. counsels of both sides.

Decisions with reasons’

During the course of hearing argument, both sides has furnished the written note of argument. The respondent side in their WNA mentioned that for want of necessary details, the consumer complaint case was bad in law and the Ld. Forum has rightly passed the impugned order. During the course of argument, Ld. Advocate of the respondent submits that the complainant/appellant with oblique and ulterior motive has deliberately distorted and supressed material facts and the appellant has not come with clean hands and for that reason, this appeal also should be dismissed.
Ld. Advocate of the appellant submits that the appellant is an illiterate and widow and also is a senior citizen who could not make any contact with the Ld. Advocate on 16/4/2019 and for that reason, the consumer complaint was dismissed on admission stage and the complainant could not get the right opportunity to agitate her grievances before the Ld. forum.

He further submits that the consumer complainant has opened her two current accounts that is old and new one in the same Pradhan Nagar Branch of Axis Bank and the documents she has furnished in connection with this case has spoken well enough regarding the details of the said accounts and no material irregularity was there in registering the consumer complaint and Ld. forum has misconceived about the contents and allegations of the consumer complainant and impugned order suffers from irregularity, not vested in law and liable to be set aside.
After hearing both sides, and after consulting all the relevant documents, the commission find that the observation of Ld. forum suffers from irregularity which is apparent on the face of the order while in the consumer complaint, the complainant has clearly emphasised that she opens the accounts old and new one in the same Pradhan Nagar Branch of Axis bank and there was no deficiency of furnishing the details as the documents it self reflect the same. So in view of the Commission to render fair justice, the Ld. Forum should have given an opportunity of being heard to the complainant for not taking any steps on 16/4/2019, does not permit the Forum to reject the consumer compliant on admission stage only on the ground that the complainant could not furnish the details. So, the order of Ld Forum goes to the contrary of established law and the intentions of the legislature as reflected in the consumer Protection Act, 1986 which has come into force with an object to protect the interest of bona fide consumers and to save their interests from the big hands of the corporate authorities.

Therefore, the considered view of the Commission is that the Order of Ld. forum should be interfered so that the consumer complainant can agitate her case for redressal of her grievances in rightful manner. Accordingly the appeal succeeds.

Hence, it is,

Ordered,

That the Order of Ld. DCDRF, Siliguri dated 16/4/2019 in CC No. 21/7/2019 is hereby set aside. The instant consumer complaint is hereby admitted by the order of this Commission on merit. The Ops has already become aware about the existence of the consumer complaint as because they have contested the appeal. So, they are hereby given opportunity  to contest the consumer complaint by submitting WV within 45 days from this day before the ld. DCDRF, Siliguri after collecting copy of the notices from the Ld. DCDRF, Siliguri in the meantime. Both the parties are asked to appear before the Ld. DCDRF, Siliguri on 15.11.2019. And the Ops of the consumer complaint shall submit the WV on or before 15.11.2019.

Let the order be sent to Ld. DCDRF, Siliguri and also to be supplied to the parties free of cost.