- This is a petition filed by one Md. Fakhrul Islam (hereinafter referred to as the petitioner) against M/S. Akzonobel India Ltd. and one another (hereinafter referred to as the opposite parties) U/S 12 of the consumer Protection Act, 1986 praying for recovery of money, compensation and other reliefs.
- Fact and circumstances for filing of the aforesaid petition as narrated by the petitioner are as follows:-
The petitioner being a consumer of the opposite party AXIS Bank, send Rs.40,000/- on last 28-08-2018 to the Company named Add Shop Promotion Ltd. Vide A/C No.915020020658284, IFS Code –UTIB 0000631, Rajkot, Gujrat through cash deposit machine of the opposite party AXIS Bank and the said transaction was successful. The petitioner also asserted that thereafter, he tried to send another amount of Rs.26,000/- to the same account but though the Cash Deposit machine accepted the amount, unfortunately, there was a link failure and the said amount was not credited to the account of Add Shop Promotion Ltd. The complainant stated that thereafter, he tried to convince the Branch Manager of AXIS Bank and requested him to solve his problem but, he did not respond and misbehave with the complainant. Hence, this instant petition is before this commission praying for the relief.
- On receipt of the notice, the opposite party did not appear and contested the proceeding by filing written statement. Hence, the case proceeded ex-parte against the opposite party.
- In course of ex-parte hearing, the petitioner submitted his evidence in affidavit of his own and also exhibited several documents.
- I have heard the petitioner.
6. Perused the pleadings and evidence in record.
7. On perusal of the evidence in record it appears that the petitioner as PW 1 has fully supported his petition. The petitioner as P.W.1 adduced evidence in his affidavit that on last 28-08-2018 he send Rs.40,000/-only to the Company named Add Shop Promotion Ltd. Vide A/C No.915020020658284, IFS Code –UTIB 0000631, Rajkot, Gujrat through the cash deposit machine of the AXIS Bank situated at Haiborgaon and the said transaction was successful. He also deposed that thereafter, he tried to send another amount of Rs.26,000/- to the same account but though the Cash Deposit Machine accepted the amount but unfortunately, there was a link failure and the said amount was not credited to the beneficiary’s account. His further evidence is that thereafter, though he approached the opposite party being the authority of AXIS Bank but he did not respond and behave rudely with this P.W. P.W.1 also stated that he suffered financial loss by losing Rs.26,000/- due to the defective service of Cash Deposit Machine of the opposite party.
8. Thus, this commission find that the petitioner has prima facie succeeded to establish that there was a deficiency in service on the part of the opposite party. That being the position, we are constrained to hold that at present that the prayer made by the petitioner seeking a direction to the opposite party to refund him an amount of Rs.26,000/- with interest and some amount as compensation is required to be granted.
- Accordingly, the prayer made by the petitioner U/S 12 of the Consumer protection is allowed ex-parte. Issue direction to the opposite party to refund the complainant an amount of Rs.26,000/- with interest @ 12% per annum from the date of filing this petition till realization along with an amount of Rs.5,000/-(Rupees Five Thousand) only as compensation to the petitioner forthwith.
Inform all the parties concern.
Given under the hand and seal of this Commission, we signed and delivered this Judgment on this day of 9th Day of August 2023.
