Haryana

StateCommission

A/70/2016

AXIS BANK - Complainant(s)

Versus

TEK CHAND - Opp.Party(s)

GAURAV GUPTA

30 Nov 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

 

 

                                                                                First appeal No.70 of 2016

Date of the Institution:25.01.2016

Date of Decision:30.11.2017

 

Axis Bank, Bawal Chowk, Rewari, Tehsil & District Rewari, through its authorized signatory.

                                                                             .….Appellant

Versus

 

1.      Tek Chand S/o Sh. Tej Ram, R/o village Bass Duda, Tehsil & District Rewari.

2.      Punjab National Bank, Main Branch, Circular Road, Mewat through its Branch Manager.

                                                                             .….Respondents

CORAM:    Mr.R.K.Bishnoi, Judicial Member

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    Mr.Gaurav Gupta, Advocate for the appellant.

                   Mr.Arvinder Kumar, Advocate for respondent No.1.

                   Mr.Varun Chawla, Advocate for respondent No.2.

 

O R D E R

URVASHI AGNIHOTRI, MEMBER:

 

1.      Axis Bank–OP-1 is in appeal against the Order dated 28.05.2015 passed by the learned District Consumer Disputes Redressal Forum (for short ‘District Forum’), Rewari, whereby the complaint of Tek Chand has been allowed with the direction, to OP-1 (Axis Bank) to refund Rs.10,020/- plus Rs.8,020/- i.e. Rs.18,040/- to the complainant with interest @9% p.a. from the due date of withdrawal of the said amount till its payment.

2.      Briefly stated, the complainant who is having saving account No.4681000100011400 with the opposite party No.2 tried to withdraw a sum of Rs. 5,000/- on 29.7.2012 through ATM Machine 2 but the amount did not come out of the ATM machine. Despite this, the receipt showed the balance of Rs.18,545/-, but when the complainant again tried to withdraw Rs. 5,000/- the machine showed that there was insufficient amount in the account and disclosed the balance as Rs.478/-. A mobile message was also received that Rs. 10,020/- and Rs. 8,020/- had been withdrawn from the account by the ATM machine. On contacting toll free no.18001802222, it was intimated to the complainant that the balance was Rs.18,545/- as the server was not working in proper manner and it would be OK after some time. But neither the entry in the pass book was corrected nor the deducted amount of Rs.18,545/- was refunded by OP No. in spite of repeated requests. Aggrieved against this, the complainant approached the District Forum for the redressal of his grievance by impleading both the banks i.e. Axis Bank OP No.1 and Punjab National Bank Op No.2. 

3.      On notice, opposite party no.1 opted to remain exparte in spite of due service. While opposite party no.2 in its reply averred that on 29.7.2012, at time 14:46:11 the complainant used his ATM card at ATM machine for enquiry of his account and again he used his ATM card at 14:46:45 for taking out the amount of Rs. 10,000/- and the transaction was successful. Again the complainant used his ATM card many times for enquiry of his account and at 15:33:02 on 29.7.2012 and he received Rs. 8,000/-. The amount of Rs. 10,020/- Rs.8,020/- and Rs.9/- were debited by opposite party no.1, on enquiry from the account of the complainant, so there was no liability or negligence on the part of the opposite party. It was further  pleaded that the complainant is not the consumer of the opposite party no.2. The learned District Forum accordingly allowed the complaint by awarding the aforesaid relief to the complainant against  OP No.1 (Axis Bank).

4.      Against the impugned Order dated 28.05.2015, OP-1-appellant has filed appeal before us contending that the exparte order was factually incorrect as the appellant was not served. They have further contended that neither the notice of summons regarding the complaint filed against them was served nor was the copy of the impugned order passed by the District Forum sent to them. On merits the appellant has only contended that since the respondent was having the account with the Punjab National Bank, only that bank was liable for any payment etc. as he was the consumer of that bank.

5.      We have heard the learned counsel for the parties and have gone through the record. In order to verify the factual position regarding the service of summons to the appellant–Axis Bank and the supply of the copy of the impugned order, we have closely perused the original file of the case maintained by the learned District Forum. At pages 42 and 43 of the file there is clear report dated 28.01.2013 & 30.01.2013 respectively of the Process Server that one copy each of the summons were handed over to the concerned officials of the appellant and seal of the Axis Bank Branch Babal Chowk, Rewari was got affixed on the back of the summons. Similarly, page 41 of the record shows that due compliance of the order passed by the learned District Forum was made on 28.05.2015 and the file was consigned to the record room thereafter. Therefore, both the contentions of the appellant are factually incorrect.  Even otherwise, the appellant had enough notice as well as knowledge of the grievance of the complainant, who had been persistently demanding the amount from the Axis Bank.

6.      Regarding the contention that there was no deficiency in service on the part of the appellant (Axis Bank) we fully agree and endorse the finding arrived at by the learned District Forum that the ATM machine, maintained by the appellant Axis Bank did not make the requisite payment to the complainant and the appellant did not deposit the requisite amount in his account maintained in the Punjab  National Bank. Consequently, we do not find any merit in the appeal and the same is dismiss with no order as to costs.    

7.       Statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

November 30th,  2017

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

 

R.K.