Chandigarh

DF-I

CC/16/2019

Sanjiv Tandon - Complainant(s)

Versus

The Axis Bank Ltd - Opp.Party(s)

Deep Singh

08 Jan 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/16/2019
Date of Institution	:	08/01/2019
Date of Decision	:	08/01/2021

 

 

Sanjiv Tandon, R/o H.No.181, Green Valley, Dhakuli, S.A.S. Nagar, Mohali.

…..Complainant

 

V E R S U S

 

The AXIS Bank Ltd., SCO No. 61, Sector 32-C, Chandigarh – 160047, through its Regional Manager/ Officer-in-Charge.

 

Second Address:-

 

The AXIS Bank Ltd., Plot No. 149, Industrial Area, Ph-I, Chandigarh – 160002.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                                       

PRESENT:	:	Sh. Gaurav Bhardwaj, Counsel for Complainant.
	:	None for Opposite Party.

 

Per Surjeet Kaur, Member

 

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant opened ODMF Account with Opposite Party on October 2018 and drawn some cheques which were duly honoured by the Opposite Party. It has been alleged, on 19.11.2018, the Complainant gave Cheque No.000008 dated 19.11.2018 (Annexure C-3) to one Mr. Arvind Dwivedi for the amount of Rs.2,00,000/- with regard to the said ODMF account, which was dishonoured. On inquiry, the Complainant was handed over a Cheque dishonor memo dated 20.11.2018 with reason mentioned as signatures not updated (Annexure C-4). In order to avoid penalty, the Complainant made payment to said Mr. Arvind Dwivedi from another bank account. After the said incident, Complainant again drew two Cheques which were duly honoured by the Opposite Party. The Complainant claims that if his signatures were not updated on the Bank operating system, then how all other Cheques were cleared. Eventually, a legal notice dated 30.11.2018 was served upon the Opposite Party, but to no respite.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party in its reply, while admitting the basic facts of the case, pleaded that the OP-Branch of Industrial Area, Phase-I, Chandigarh had opened the account and cleared the Cheques issued earlier to provide good service to the Complainant. The Complainant presented the Cheque of Rs.2,00,000/- with OP-Branch of Sector 32, Chandigarh which was dishonoured, as per procedure, as the signatures of the Complainant were not uploaded in the operating system of computer. The other Cheques were cleared by the OP-Branch of Industrial Area, Phase-I, Chandigarh, as the scan copy of account opening form duly signed by the Complainant is lying with the said Branch and to provide good service to the Complainant, OP-Branch of Industrial Area, Phase-I, Chandigarh cleared the said Cheques. Pleading that there was no deficiency in service on its part, a prayer has been made for dismissal of the complaint.
4.         The complainant has filed a rejoinder, wherein he has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Party.
5.         Parties were permitted to place their respective evidence on record, in support of their contentions.
6.         We have gone through the entire record, along with the written arguments advanced on behalf of Opposite Party and heard the arguments addressed by the Ld. Counsel for the Complainant.
7.         The sole grouse of the Complainant is, the Cheque amounting to Rs.2,00,000/- dated 19.11.2018 (Annexure C-3) issued by him, was dishonoured by the OP-Bank vide Cheque dishonor memo dated 20.11.2018 (Annexure C-4) due to the reason that his signatures were not updated in their system.
8.         It is the case of the Complainant that he opened ODMF Account with the OP-Bank in October 2018 and was provided a Cheque Book linked with the said Account. In Para No.3 of the Complaint, there is mention of various Cheques which were duly honoured by the OP-Bank, but the Cheque dated 19.11.2018 (Annexure C-3) was illegally and arbitrarily dishonoured.
9.         Perusal of Annexure C-4 Cheque dishonor memo dated 20.11.2018 shows, the Cheque in question was dishonored due to the reason “signatures not updated” with the Sector 32 Branch of the OP-Bank. A careful scrutiny of the copy of the Cheque in question i.e. Annexure C-3 shows, there is a clear mention by the Bank itself that the same is payable at par at all branches of AXIS Bank Ltd. in India. So, in our opinion, there is no point to dishonor the Cheque for the purpose of “signatures not updated” in a particular Branch, when as per the rules & procedure of the OP-Bank itself, the same need to be updated in all the branches as assured by the OP-Bank itself in Annexure C-3.
10.         The plea taken by the OP-Bank that the signatures were updated in one Branch and not in the other itself shows its callous attitude towards their gullible consumers. Hence, the act of the OP-Bank for dishonouring the Cheque in question is clearly deficiency in service and unfair trade practice on its parts.     
11.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed. The Opposite Party is directed:-

[a]      To update the signatures of the Complainant in the system;

[b]      To pay Rs.5,000/- to the Complainant on account of deficiency in service, unfair trade practice and causing mental agony and harassment; 

[c]      To also pay a sum of Rs.5,000/- to the complainant as litigation expenses. 

12.         The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, Opposite Party be liable for an interest @9% per annum on the amounts mentioned in sub-paras [b] & [c] above from the date of institution of this complaint, till it is paid, apart from compliance of directions as in sub-para [a] above.  
13.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08^th Jan., 2021

                        Sd/-  

(RATTAN SINGH THAKUR)

PRESIDENT

 

 

Sd/-

(SURJEET KAUR)

MEMBER

 

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 

 “Dutt”